Because ERISA's "plan assets" regulation applies to any private investment fund that accepts investments from pension plan investors, it is crucial for fund managers and advisers to understand how to avoid ERISA missteps in fund structuring and ongoing compliance. This presentation, in our Atlanta and New York offices, will describe when a private investment fund (such as a hedge fund or private equity fund) will be treated as an entity holding "plan assets" for purposes of ERISA, explain several important exceptions to this general rule and discuss the consequences for an entity that is deemed to hold "plan assets" under the rules (a "plan asset" entity). Covered topics will include:
- Understanding the "plan assets" regulation
- Structuring "real estate operating companies" ("REOCs") and "venture capital operating companies" ("VCOCs")
- Applying the "25% Test" Exception
- ERISA requirements for "plan asset" funds
The presentation will also address common operating agreement and side letter provisions requested by pension plan investors during investment negotiations, and discuss ERISA fiduciary considerations for pension plan investors.
A continental breakfast will be provided.
For additional information, contact JoJo Peralta at email@example.com or +1 212 827 4002.
CLE credit will be applied for in California, Georgia, New York, Texas and if needed, North Carolina and Virginia. For New York licensed lawyers, the content of this program is considered both "Transitional" and "Non-Transitional" and is appropriate for newly admitted lawyers as well as experienced lawyers. The Live format is considered "Traditional" and is approved for both newly admitted and experienced lawyers. The webinar format is only approved for experienced lawyers.
King & Spalding LLP, 1180 Peachtree Street, Atlanta, GA 30309. CA Provider # 10947.