The Formation of a Private Credit Fund and Life Cycle – How Arthur Cox can help

Our fund establishment team is fully equipped to advise clients throughout the entire life cycle of a fund from establishment to liquidation and everything in between.

STEPS
1. STRUCTURING
  • Advising you on the choice of vehicle e.g. ICAV or ILP
  • Tax structuring advice
  • Advising on distribution strategy in light of target investors
  • Analysis of the investment policy and advising on any regulatory requirements
  • Introductions to service providers (including AIFMs, depositaries and administrators) and directors
  • Establishing subsidiaries
  • Establishment of carried interest vehicles, alternative vehicles and parallel funds
2. DOCUMENTS/NEGOTIATION
  • Drafting constitutional documents e.g. limited partnership agreement or instrument of incorporation
  • Drafting prospectus and supplements
  • Negotiation with investors including side letters
  • Drafting or reviewing financing documents
  • Drafting policies and procedures
3. OBTAINING AUTHORISATION
  • Preparation of Central Bank application
  • Submission of Application to Central Bank (authorisation received in 24 hours)
  • Obtaining marketing passport
  • Assisting with any registrations
4. LAUNCH
  • Coordination of closings
  • AML advice
  • Closing any financings
5. DAY-TO-DAY OPERATIONS
  • Maintenance of regulatory compliance calendar
  • Fund company secretarial services
  • Assistance with quarterly board meetings
  • Preparation of board packs
  • Review of annual and semi annual accounts
  • Board training
  • Advice on regulatory changes
  • Assistance with subsequent closings
  • Advice in relation to change of service providers
6. WINDING UP/LIQUIDATION
  • Drafting liquidation step plan
  • Liaising with liquidators
  • Assisting with de-registrations

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