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The Law of Private Investment Funds, 3rd Edition

The Law of Private Investment Funds, 3rd Edition

Author: Timothy Spangler
Publisher: Oxford University Press
ISBN: 9780198807247

Previous Edition ISBN: 9780199657735
Published In: February 2018
Format: Hardback , 328 pages
Jurisdiction: Europe, U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

Now in its third edition, The Law of Private Investment Fundsprovides the clearest and most concise dual US/UK and pan-asset analysis available on the legal and regulatory issues that arise in connection with private investment funds. The book advises legal practitioners on the structuring, formation, and operation of a range of asset classes, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles.

This edition has been thoroughly revised to reflect the numerous and significant developments in financial services regulation on both sides of the Atlantic since the publication of the second edition. More elements of the Dodd Frank financial regulatory reforms, which increased the scope and reach of regulation applicable to private funds, have been implemented and commented on in this edition. In relation to European regulation, the impact of the commencement of the Alternative Investment Fund Manager Directive (AIFMD) has also now been analysed.

The US/UK approach is maintained, but this edition now also includes consideration of third countries, particularly the Middle East and Asia. An entirely new chapter is dedicated to litigation and regulatory enforcement, and significant treatment is given to the effects of the Global Financial Crisis, in particular the regulatory response and the changes to negotiating leverage of fund managers and fund investors. The potential impact of 'Brexit' on the United Kingdom private funds industry and the future of the AIMFD and European private funds is also examined.

1: Introduction to Private Investment Funds
2: Marketing Private Investment Funds
3: Taxation of Private Investment Funds
4: The Legal Duties Arising from the Provision of Investment Advisory and Management Services
5: The Regulatory Duties Arising from the Provision of Investment Advisory and Management Services
6: Governance Issues in Partnerships Used as Private Investment Funds
7: Governance Issues in Offshore Companies Used as Private Investment Funds
8: Invester Protection Failures in Private Investment Funds
9: Recent US and EU Regulatory Responses
10: Self-Regulation and Private Actors
11: Side Letters as a Means of Mitigating the Governance Challenge
12: Board of Directors Composition as a Means of Mitigating the Governance Challenge
13: Listings of Private Investment Funds as a Means of Mitigating the Governance Challenge
14: Evaluating and Implementing Private Monitoring Solutions

Timothy Spangler, Partner, Kaye Scholer LLP

Timothy Spangler is a Partner and Chair of the Investment Funds group in Kaye Scholer's London and New York offices, where he regularly advises sponsors on the formation, structuring, and negotiation of a wide variety of investment vehicles, as well as on the full spectrum of securities and regulatory issues typically associated with such transactions. He has worked on a wide range of funds, including hedge funds, private equity funds, venture capital funds, funds of funds, and funds investing in particular countries or sectors. Such vehicles have been formed in numerous jurisdictions, including the United States, the United Kingdom, the Cayman Islands, the Channel Islands, the Isle of Man, Bermuda, Mauritius, the Netherlands, Luxembourg, Germany, and Ireland. His clients have included a full range of parties associated with funds - promoters, managers, advisers, and investors.

In designing a fund, he is familiar with both the range of structures available (e.g., corporations, partnerships, limited liability companies, trusts) and the types of transaction that may be undertaken during the life of a fund (e.g., considerations relating to exit routes and liquidity). Mr. Spangler advises regularly on the ongoing compliance obligations of investment management firms under the U.S. Investment Advisers Act of 1940 and the Financial Services and Markets Act 2000. He also advises fund sponsors and promoters with respect to their internal partnerships, co-investment arrangements and personal investments. In addition, he represents, on a selective basis, potential investors in private investment funds.

He speaks and writes regularly on issues related to private investment funds and alternative asset classes. He is a member of the Private Investment Fund Committee of the Association of the Bar of the City of New York. He also serves as Research Associate with the Edhec Risk and Asset Management Research Centre, focusing on international hedge fund regulation.

Review(s) from previous edition

"Mr Spangler's extensive practical experience is evident throughout the book, and he succeeds in explaining complex structures and concepts in practical terms. The book is very clearly written, and jargon-free. The presentation is excellent and the index and tables of cases are accurate and comprehensive. - David Stokes, Journal of International Banking Law and Regulation

"It is a timely contribution on the law of these funds, which should lead to deeper reflection about this important sector" - Jersey and Guernsey Law Review

"This is a rare legal publication, written by a senior practitioner in the field, which develops an important thesis in an area not previously addressed in such depth. It will be of benefit to all funds lawyers" - Jersey and Guernsey Law Review

"Mr Spangler's book is a valuable practical guide for the practitioner intending to become involved in this work or to gain an understanding of the market" - David Stokes, Journal of International Banking Law and Regulation