It's not a question of legal structure, but rather a question of who is investing and what type of syndication/solicitation activities the entity is undertaking. Simply doing a two-tiered structure does not trigger any securities obligations per se.
With this structure, does the QOF regulatory position more closely resemble a hedge fund?
It's not a question of legal structure, but rather a question of who is investing and what type of syndication/solicitation activities the entity is undertaking. Simply doing a two-tiered structure does not trigger any securities obligations per se.
Securities laws apply whenever a limited liability company or limited partnership interests are being sold. I would say in that regard that the structure more resembles private equity than a hedge fund, although there certainly are similarities there as well.
Securities law does not apply because of the structure used, but if you are selling the interest to investors. I recommend consulting a securities law expert before offering interests on the fund to possible investors.
DISCLAIMER:the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal and financial experts prior to participating in any aspect relating to Opportunity Zones. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.