Desai & Diwanji’s well-known funds team provides a full array of legal, structuring and regulatory advice to the clients that includes institutional fund managers, first-time sponsors, institutional investors, development finance institutions, sovereign and pension funds, government and corporate institutions as well as family offices. Our broad representation helps us to gain insights on emerging global trends in the funds industry and thus provide our clients with innovative solutions that fulfil their commercial goals.
Our team works across a variety of sectors, including financial services, social ventures, private equity, venture capital and debt, performing credit, stressed and distressed assets, real estate, infrastructure, renewable energy and clean tech as well as listed equities. Our wealth of experience across industries together with our cross-functional team approach is particularly valuable to clients as it enables us to offer solutions to address sector-specific legal and regulatory concerns while advising clients on the setting-up of funds (including venture funds, private equity, debt funds, credit funds, special situation funds, real estate funds, infrastructure funds, hedge funds and fund of funds) as well as investments in or by such funds.
We offer a complete package of services to our clients on the entire life cycle of investment funds, including:
- evaluating, structuring and setting-up of investment funds (including captive funds, feeder funds, managed accounts and blind pool funds) as well as negotiating on behalf of GPs and LPs
- evaluating, structuring and setting-up of investment funds in Gujarat International Fin-Tech City (GIFT City), including structing of the fund management entity in compliance with applicable foreign exchange regulations
- assisting in applying for and obtaining regulatory approvals, including for offshore investments by funds domiciled in India
- structuring and negotiating GP transactions, including investments in GPs (minority and control), joint ventures, buyouts as well as spinouts of existing asset management teams
- structuring and advising on co-investment structures including sidecar arrangements and secondary transactions
- evaluating and structuring carried interest plans and other compensation arrangements for asset management teams
- advising and assisting on winding-up of investment funds
- migration of domicile of funds
- advising on marketing of investment funds in India as well as co-ordinating with foreign counsel for marketing of funds in offshore jurisdictions
- advising on all regulatory compliance matters with respect to investment funds, including compliances with requirements of the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI) and the International Financial Services Centres Authority (IFSCA)
- advising on investment funds related disputes
Members of our team include lawyers who have previously worked within fund houses, financial institutions and regulatory agencies. Our team interacts regularly and extensively with various authorities in India and is familiar with their approach as well as the novel policy initiatives being taken by such regulators in relation to the funds industry. This enables us to identify potential issues for our clients and develop creative, innovative and customised solutions for our clients.