Winstead has deep experience advising hedge fund managers in all aspects of their business – fund formation, strategic investor arrangements, management company formation and regulatory compliance.  We represent fund managers of all sizes and deliver advice and support for multiple product offerings, including domestic and offshore funds, managed accounts and non-discretionary arrangements.

Winstead’s multidisciplinary approach to client service ensures that clients get access to the experience they need, including corporate, tax and ERISA attorneys.  Understanding the client's business operations and objectives at the start of every engagement drives our efficient and successful client relationships.

We have attorneys with significant in-house and operational experience.  We’ve been inside management companies and we understand day-to-day investment, trading, back-office and compliance operations.

Private Funds Snapshot of Strengths

Our services span the full range of client needs, including:

• Fund Formation: Structuring and tax planning. Preparation of offering documents, strategic investor and working capital arrangements.  Administrator and third party vendor agreement negotiations.
• Investment and Trading Support: Due Diligence assistance; negotiations of prime brokerage and trading agreements (e.g. ISDAs); Commodities and Futures trading advise and support.
• Operations: Day-to-day management, governance, SEC and state securities compliance, including registration and marketing restrictions, tax, ERISA, IP, HR and commercial contracts. Compliance with the U.S. Investment Advisers Act of 1940, the U.S. Investment Company Act of 1940, the Commodity Exchange Act, and the Texas Securities Act.

Regulatory Compliance Specialists: Special assistance for regulatory exams by the SEC and state securities regulators.

Private Funds - Representative Experience:

• Multiple engagements for the formation of domestic hedge funds (long short equity strategy, energy focused strategies, credit focused strategies, global macro and thematic focused strategies, long only strategies, and trading focused strategies).
• Multiple engagements for the formation of offshore vehicles (master-feeder structures and stand-alone offshore vehicles).
• Multiple representations of managers in arrangements for institutional managed accounts.
• Regularly engaged to assist registered investment advisers prepare for and respond to regulatory exams.
• Multiple engagements by institutional investors and family offices for the negotiation of side letters and special investment terms.