Private Funds: Comprehensive Expertise for Global Investment Strategies
Private funds are essential vehicles for mobilizing capital and driving investment across diverse asset classes, including private equity, real estate, venture capital, infrastructure, and credit. At TRW Law Firm, we leverage our in-depth understanding of the Bangladeshi, UK, and US legal frameworks to offer tailored, innovative solutions for fund sponsors, managers, and institutional investors.
Our Expertise in Private Funds
1. Fund Formation and Structuring
We assist clients in structuring private funds that meet regulatory, tax, and market requirements across jurisdictions. Our services include:
- Drafting fund documentation, including limited partnership agreements, private placement memoranda, and subscription agreements.
- Structuring funds for optimal tax efficiency in line with local and international laws, including the Income Tax Ordinance 1984 in Bangladesh, the UK Finance Act, and the Internal Revenue Code (IRC) in the US.
- Advising on onshore and offshore fund structures to align with global investor preferences.
Example: Structured a venture capital fund in Singapore with cross-border investments in South Asia, ensuring compliance with Bangladesh’s foreign direct investment regulations.
2. Regulatory Compliance
Our team provides end-to-end guidance on regulatory compliance, keeping clients ahead of ever-evolving requirements:
- Bangladesh: Compliance with the Securities and Exchange Commission (Mutual Fund) Rules, 2001 and relevant foreign exchange regulations.
- UK: Ensuring adherence to the Financial Conduct Authority (FCA) rules and the Alternative Investment Fund Managers Directive (AIFMD).
- US: Navigating the Investment Advisers Act, Securities Act, and Commodity Exchange Act requirements.
Example: Advised a US-based hedge fund on compliance with Bangladesh Bank’s capital control policies for investments in local infrastructure projects.
3. Secondary Transactions
We provide comprehensive support for secondary market transactions, including:
- LP stake sales and GP-led restructurings.
- Continuation funds and fund recapitalizations.
- Advising on market trends, regulatory considerations, and tax structuring.
Example: Facilitated a $200 million secondary transaction for a UK-based private equity firm, securing necessary regulatory approvals in Bangladesh and the US.
4. Investor Representation
We represent a diverse investor base, including pension funds, insurance companies, sovereign wealth funds, and family offices. Our services include:
- Negotiating investor terms and side letters.
- Conducting due diligence on fund managers and strategies.
- Ensuring alignment with investors’ ESG mandates and fiduciary duties.
Example: Advised a sovereign wealth fund on investing in a climate-focused infrastructure fund, ensuring compliance with EU and US environmental regulations.
5. Tax Planning and Structuring
Our cross-border tax advisory services include:
- Designing tax-efficient fund structures.
- Advising on withholding tax obligations under double taxation treaties, including treaties between Bangladesh, the UK, and the US.
- Navigating the tax implications of carried interest and management fee arrangements.
Example: Assisted a private equity fund in mitigating tax leakage on cross-border distributions using Bangladesh’s tax treaties with the UK and the US.
6. Dispute Resolution and Fund Restructuring
We support clients in resolving disputes and restructuring funds in distressed situations:
- Advising on breach of fiduciary duty and mismanagement claims.
- Assisting in the restructuring of underperforming funds.
- Representing clients in litigation and arbitration in Bangladesh, the UK, and the US.
Example: Represented an LP in a dispute over fund mismanagement, achieving a favorable settlement through mediation under the Bangladesh Arbitration Act, 2001.
Sector-Specific Expertise
Private Equity and Venture Capital
- Structuring growth and buyout funds across key markets.
- Advising on co-investment vehicles and club deals.
- Supporting first-time managers in navigating regulatory and fundraising challenges.
Real Estate and Infrastructure
- Structuring funds for residential, commercial, and industrial real estate projects.
- Advising on infrastructure funds targeting renewable energy and transport sectors.
Hedge Funds
- Structuring long-short equity, macro, and multi-strategy funds.
- Advising on compliance with anti-money laundering (AML) laws and sanctions regimes.
Why Choose TRW Law Firm?
- Global Reach with Local Expertise:
Our expertise spans jurisdictions, ensuring that clients benefit from nuanced legal and market insights across Bangladesh, the UK, and the US. - Innovative Solutions:
We craft bespoke fund structures and strategies tailored to each client’s objectives, leveraging the latest industry trends and legal developments. - Comprehensive Service Offering:
From fund formation to dispute resolution, our multidisciplinary team provides end-to-end support for private fund sponsors and investors. - Proven Track Record:
With experience in handling complex fund transactions and regulatory challenges, we deliver results that align with our clients’ strategic goals. - Commitment to Excellence:
We prioritize transparency, responsiveness, and practicality in all our engagements, ensuring a seamless client experience.
Conclusion: Your Trusted Partner in Private Funds
As the private funds industry evolves, fund sponsors and investors face increasing complexities in regulation, taxation, and market dynamics. At TRW Law Firm, we are committed to empowering our clients with innovative, practical, and compliant solutions. Whether you are launching a first-time fund, navigating cross-border investments, or restructuring an existing vehicle, our team delivers unmatched expertise and insights.
Contact TRW Law Firm to learn how we can support your private fund initiatives.
