Wake North Carolina Subscription Agreement - A Section 3C1 Fund

State:
Multi-State
County:
Wake
Control #:
US-PE-J1AM
Format:
Word; 
Rich Text
Instant download

Description

This is a sample private equity company form, a Subscription Agreement. Available in Word format.

Wake North Carolina Subscription Agreement — A Section 3C1 Fund is a legal document that outlines the terms and conditions for individuals or entities to subscribe to and invest in a specific type of investment fund known as a Section 3C1 Fund. This agreement is designed to be compliant with the regulations set forth by Section 3(c)(1) of the Investment Company Act of 1940. The Wake North Carolina Subscription Agreement — A Section 3C1 Fund provides detailed information about the investment fund, its objectives, and the rights and obligations of both the fund and the subscriber. It also includes provisions relating to the subscription process, the minimum investment amount, and the terms for redemption or transfer of shares. There may be different types or variations of Wake North Carolina Subscription Agreement — A Section 3C1 Fund, including: 1. Wake North Carolina Subscription Agreement — Equity Fund: This type of subscription agreement is specifically tailored for an equity fund, which primarily invests in stocks or shares of companies. The agreement may include provisions relating to voting rights, dividend distributions, and potential capital gains. 2. Wake North Carolina Subscription Agreement — Fixed Income Fund: This variation of the subscription agreement applies to fixed income funds, which primarily invest in fixed income securities such as government bonds, corporate bonds, or mortgage-backed securities. The agreement may outline interest rate provisions, bond maturity dates, and credit ratings of the underlying securities. 3. Wake North Carolina Subscription Agreement — Real Estate Fund: This type of subscription agreement is designed for real estate funds that primarily invest in properties, such as residential or commercial buildings. The agreement may cover topics like rental income distributions, property management, and potential property appreciation. 4. Wake North Carolina Subscription Agreement — Hedge Fund: Hedge funds employ various investment strategies to generate returns, such as long and short positions, derivatives, and leveraging. A subscription agreement for a hedge fund may include provisions relating to performance fees, risk disclosures, and specific investment restrictions. It is important to carefully review and understand the terms and conditions outlined in the Wake North Carolina Subscription Agreement — A Section 3C1 Fund before making any investment decisions. Potential subscribers should consult with their legal and financial advisors to ensure compliance with applicable laws and regulations, as well as to evaluate the suitability of the investment for their individual needs and financial goals.

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FAQ

A 3(c)(7) hedge fund is exempt under the Investment Company Act and must comply with two basic requirements: (1) the fund can have only qualified purchasers as investors and (2) the fund can have no more than 499 investors. These requirements are detailed below.

As in the case of 3(c)(1) funds, knowledgeable employees (as defined above) are permitted to invest in a 3(c)(7) fund, whether or not they are qualified purchasers, without jeopardizing the exemption. Offshore funds too may exceed the 100-investor limitation if their U.S. investors are qualified purchasers.

Section 3(c)(1) of the Investment Company Act of 1940 provides an exemption from having to register as an investment company under the Act for a hedge fund whose securities are not publicly offered and are owned by not more than 100 persons.

3C1 refers to a portion of the Investment Company Act of 1940 that exempts certain private investment companies from regulations. A firm that's defined as an investment company must meet specific regulatory and reporting requirements stipulated by the SEC.

Section 3(c)(1) of the Investment Company Act of 1940 provides an exemption from having to register as an investment company under the Act for a hedge fund whose securities are not publicly offered and are owned by not more than 100 persons.

3C7 funds, as noted, take investments from qualified purchasers, whereas 3C1 funds work with accredited investors. 4. Investors in 3C7 funds are held to a higher wealth measure than those in 3C1 funds, which can limit the investor pool that a fund is hoping to raise money from.

As in the case of 3(c)(1) funds, knowledgeable employees (as defined above) are permitted to invest in a 3(c)(7) fund, whether or not they are qualified purchasers, without jeopardizing the exemption. Offshore funds too may exceed the 100-investor limitation if their U.S. investors are qualified purchasers.

Meaning that if you want to file a 3(c)5 you're looking at allocating at least 55% of your portfolio directly to real estate. The remaining 45% is broken down even further into two more tiers. First, an additional 25% of the portfolio must be in real estate related interests.

Both 3C1 and 3C7 funds are exempt from SEC registration requirements under the Investment Company Act of 1940, but the nature of the exemption is slightly different. Whereas the 3C1 exemption hinges on not exceeding 100 accredited investors, a 3C7 fund must maintain a total of 2,000 or fewer qualified purchasers.

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Wake North Carolina Subscription Agreement - A Section 3C1 Fund