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USA

The US is the largest Private Equity and Real Estate market in the world – both in terms of fund structures and deals and the US has traditionally been the thought leader of the industry. More recently there has been a “merging” of thought as the world and the industry globalizes with, for example, US funds adopting the “European” carry model.

Delaware and Cayman Limited Partnerships remain the popular options for both North and South American managers for Private Equity and Real Estate funds, SPVs and related entities. In addition, some Latin American countries have recently signed double taxation treaties with Canada, bringing Ontario into play as a domicile.

The current exclusion of both the US and Cayman domiciled fund structures from “Passporting” under the AIFMD has created some complexities for fund raising in Europe. ESMA, the pan-European regulator is currently reviewing both domiciles but an early outcome is not expected. As a consequence, either the individual country National Private Placement Regimes (NPPRs) need to be used (appears complex and difficult at the outset – but manageable) or a “third party” manager can be set up within Europe and a “Passport” obtained to market the European parallel structure (overall a more expensive and less popular solution).

HOW WE CAN HELP

Augentius (US) Inc. was formed in 2009 to provide fund administration services to various types of closed-ended structures. Geographically, the team manages clients from Canada to Latin America. The client base covers a broad spectrum in terms of strategy and structure. Services provided include:

    • Fund Administration
    • Fund Accounting
    • Special Purpose Vehicle Accounting and Administration
    • Depositary Services to facilitate marketing into Europe
    • Corporate Services
    • Investor Relations
    • AIFMD Reporting
    • FATCA/CRS Reporting where required
    • Fund Launches

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