As clients face complex and highly sensitive fund wind-down matters, we believe they need trusted advisors that understand the idiosyncrasies of the alternative asset management business and have hands-on experience.

Winding down a fund entails considerable risk, yet the goal in these situations is simple—preserve and maximize investor capital while minimizing legal, financial and reputational risk for the investment manager, the directors and other interested parties.

Having successfully managed dissolutions and conversions involving multi-billion dollar funds in complex and high-profile matters, we are well positioned to quickly step-in and provide a customized, actionable roadmap to help clients manage the situation.

Our fund wind-down services include:

C-Suite/Corporate Governance Functions

• Advisor to Investment Manager, the Remaining C-suite Executives and Funds’ Board of Directors
• Attend Board of Directors Meetings
• Coordinate with Other Service Providers to Make Interim and Final Distributions
• Draft Investor Communications and Liaison with Investors
• Liaison with Administrators and Accountants
• Negotiate Employment Termination Agreements and Deferred Compensation Issues
• Conversion of Fund Structures

Illiquid Asset Position Analysis

• Analyze Competing Bids for the Position
• Determine Potential Trading Restrictions
• Develop Litigation Strategies and Advise Regarding Litigation Filings

Insurance Procurement and Indemnification Issues

• Analyze D&O/E&O Policies for Insurance Claims
• Insurance Procurement
• Negotiation and Analysis of Advancement and Indemnification Provisions in Governance Documents and Indemnification Agreements

Investigations and Regulatory Actions

• Counsel in Connection with Government Inquiries, Investigations and Regulatory Actions
• Perform Internal Investigations

Service Provider and Counterparty Relationships

• Determine Best Voluntary Liquidators for Foreign and Domestic Funds
• Liaise with Offshore Legal Counsel, Auditors, Forensic Accountants, Administrators, Prime Brokers
• Review and Analyze Termination Provisions of Service Provider and Counterparty Contracts

RELEVANT RESOURCES:

• Bohrer PLLC and Constellation Advisers Present Industry Roadmap: “Wind-Down Best Practices for the Alternative Investment Industry”. To obtain a copy of the report, please click here.