10 tips for the perfect DDQ

The Due Diligence Questionnaire (DDQ) is a key item in the suite of due diligence materials that most, if not all, private markets fund managers will need to prepare when raising a fund. No longer a “nice to have”, the DDQ has evolved into an often-lengthy document that addresses all aspects of the new fund…

Re-packing UK pre-packs: 5 key effects on creditors and other stakeholders

Welcome to our latest edition of Collateral. In this edition, we are talking insolvency and focusing on some recent legislative changes which are expected to have a significant impact on pre-pack administrations in the UK. Click here to read the previous article. Let’s explore 5 key effects of the Regulations on creditors and other stakeholders and our observations on some of the key reforms. Unlike a standard…

Unsustainable risks? Regulatory climate change for AIFMD

The Alternative Investment Fund Management Directive (“AIFMD”) was implemented in the EU in 2013, to regulate the alternative investment industry, chiefly as a result of the Global Financial Crisis. Fast forward seven years and this directive is still evolving, but now with a new focus: sustainabilty. On 8th June 2020, the European Commission published a…

The new Corporate Insolvency and Governance Act 2020: 10 of your questions answered

There has been much focus in the corporate and insolvency world on the Corporate Insolvency and Governance Act (the “Act”) which made its way through the UK legislative process at breakneck speed and entered into force on 26 June 2020. The Act introduces both permanent, ground-breaking reforms to corporate insolvency law, including the introduction of…

5 typical concerns of cash-strapped borrowers

Welcome to the second article in a series of three. The previous article in the series covered the key grounds on which directors of cash-strapped companies could be held liable for their or the company’s acts, and in this piece we focus on five aspects of a company’s third party credit facilities (term loans, revolving…

Directors of cash-squeezed and distressed companies – 5 liability points to note

  We recently published an article that covered dealings between directors and their companies, and concluded with a reference to acts that can be challenged in the unlikely event of administration or other insolvency process. How quickly circumstances change; two months later, even the healthiest of businesses are preserving cash and those ‘unlikely’ events are…

Stretching it: Brand and franchise extensions for ambitious fund managers

It’s the first day of April: New Year and other seasonal celebrations are little more than a memory, and spring has “sprung”. The clocks have gone forward, both in North America and Europe, and at this time, each year, dear reader, we like to depart from our usual diet of communications advice and present some…

Brexit looms for AIFMs: 11 months is a long time in politics

On 31 January 2020, the UK left the EU with the withdrawal agreement and no very noticeable changes.  This welcomed a new era, known as the implementation period, which will serve until 31 December 20201. Now, all eyes are on the next 11 months, where Boris and Brussels will face off to decide how the…

Fundraising resolutions: Three steps to start your year the right way

Veganuary? Meatless “meat” balls are all the rage…Dry January? My local pub is offering dry white wine and dry London gin, to help, in a way… New Year, New You? The start of the year is often when we are drawn to take a look at who we are, what we stand for and how…

Relief at any cost? Fees in tax-advantaged investing: Part I – defining the landscape

Welcome to the first article in a series where we will look into the fees charged across the tax-advantaged market. The variety of structures and levels of fees charged across the market can make understanding them a particularly “taxing” process. In this article, we will outline the fees commonly associated with tax-advantaged products, including what…

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