Fund Types and Legal Structures

A separate management company is always required and responsibility for management rests with the management company`s board of directors. That separate management company may also be used for the management of other UCITS and AIFs. The trust deed is the main legal document representing the trust and sets out the various rights and obligations of the trustee, management company and shareholders. For the most part, private equity funds have been much less regulated than other assets in the market. This is because wealthy investors are considered better equipped to bear losses than average investors. But in the aftermath of the financial crisis, the government was looking at private equity with much more scrutiny than ever before. Generally, mutual fund units are bought and sold at the fund`s net asset value (« NAV »), which is the value of all of the fund`s investments, less liabilities and expenses, as calculated at the end of the day. When you buy or sell mutual funds, the mutual fund directly issues or redeems those shares, which means that the number of outstanding shares of the mutual fund is constantly changing. This is why they are often referred to as « open-ended » funds. The Alternative Investment Fund Managers Directive (AIFMD), implemented in July 2013, changed the EU`s regulatory landscape in the area of alternatives. All non-UCITS funds or alternative investment funds (AIFs) are covered by the AIFMD, which introduced new organisational, operational, transparency and business conduct requirements for managers and the funds they manage. While minimum investments vary for each fund, the structure of private equity funds has historically followed a similar framework that includes fund partner categories, management fees, investment horizons and other key factors set out in a limited partnership agreement (LPA).

There are a number of ways for private equity firms to successfully exit investments and close their funds, including: For some funds, you identify one or more qualified nonprofits or projects as beneficiaries when you create the fund. Your donation can cover immediate or long-term needs, and we handle asset management and payments. Private equity firms also receive a carry, a performance fee that traditionally accounts for 20% of the fund`s excess gross profit. Investors are generally willing to pay these fees because the fund is able to manage and mitigate corporate governance and management issues that could negatively impact a public company. The ICAV is a new corporate vehicle specifically designed for Irish investment funds, located alongside the Public Company (plc) and providing a bespoke corporate fund vehicle for UCITS and AIFs. It is not affected by changes to certain corporate rules for commercial corporations. Variable companies may redeem their own shares and their issued share capital must at all times be equal to the net asset value of the underlying assets. All UCITS funds and many AIFs are distributed publicly, so most companies are incorporated as public limited companies.

This is the annual fee charged by the management company or private equity firm to cover the costs associated with managing the fund. This includes marketing, technology platforms, company salaries, etc. Management fees typically represent 2% of assets under management (AUM) and are charged whether or not the fund generates a positive return. The performance fee, on the other hand, is a percentage of the profits generated by the fund, which are transmitted to the general partner (GP). These fees, which can reach 20%, generally depend on the generation of a positive return from the fund. The reason for performance fees is that they help balance the interests of investors and the fund manager. If the fund manager can do this successfully, he can justify his performance fee. The LPA also describes an important life-cycle measure known as the « life of the fund. » Private equity funds traditionally have a maturity limited to 10 years, consisting of five distinct phases: limited partners (LPs) or simply investors are institutions and high net worth individuals responsible for providing capital to the private equity fund. LPs have limited liability to the fund, but they also have no say in the exact companies in which the fund invests. They make money by charging performance fees for successful funds.

A closed-end fund is a mutual fund whose shares are publicly traded and traded as a stock. The market price of a unit of closed-end funds fluctuates during the day like that of other publicly traded securities and is determined by supply and demand in the market. Thus, the market price may or may not be equal to the fund`s net asset value per share. Mutual funds (ITUs) are mutual funds whose termination date is determined based on ITU`s portfolio investments and investment objectives. Federal law requires ITUs to have a largely fixed portfolio that is not actively managed or traded. Once the escrow portfolio is selected, its composition can only change in very limited circumstances. Mutual funds are bought and sold through interaction with the fund company (usually through a broker). Like mutual funds, ITU shares must be bought and sold at the fund`s net asset value (NAV) at the end of the day. Investment funds authorised in Ireland are constituted either as UCITS or as AIFs using one of the different legal structures. In this first phase, general partners must find investors to raise capital for the fund.

They also assemble the private equity firm`s team that helps find and manage portfolio companies and drafts the limited partnership agreement. Once sufficient funds have been raised, the Fund will proceed with its first closure. While there`s no reason why they can`t be launched as index funds, all closed-end funds today are actively managed by a portfolio manager. One feature that makes closed-end funds unique is that closed-end funds are allowed to borrow money at the fund level and can issue preferred shares.