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Fund Formation


Fasken’s dedicated Fund Formation team is composed of experienced lawyers in the structuring, establishment and distribution of private funds for fund sponsors and also advises investors in connection with their investments in such funds.
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Overview

Our Fund Formation team has extensive experience with diverse structures and deep knowledge of a wide range of investment products. Our sophisticated team of experts is ideally positioned to advise on all aspects of private fund management, including tax structuring, distribution, regulatory advice, market intelligence, governance and risk management.

Our broad client base and impressive deal flow ensure we have in-depth insight into market standards and developments across the industry and strongly establish our market leadership in fund formation. By virtue of our experience acting as counsel to many of the leading Canadian and international managers in connection with the formation of their funds, we are uniquely positioned to anticipate, understand, and address the issues and challenges faced by our clients and we are regularly called upon to provide customized solutions tailored to their  business requirements.

Our practice is best known for the following: 

  • structuring innovative and complex investment fund structures. Our experience extends to all entities forming part of fund structures, including carried interest limited partnerships, feeder funds, employee vehicles, parallel funds, separately managed accounts and all other ancillary entities;
  • a variety of long-standing clients including managers of open-end and closed-end funds of all alternative asset classes (e.g. private equity, venture capital, real estate, infrastructure, agriculture, private debt and many others). As industry leaders, our clients often challenge the status quo and develop new fund products and features;
  • the size of our practice group and depth and quality of our practitioners dedicated to fund formation matters. We are known for having a particularly strong fund formation team composed of over 8 dedicated members of ranging experience ensuring effective and cost-efficient allocation of work and our team’s capacity to service our clients’ needs. Our team also comprises leading experts in specialized fields who support the fund formation practice including, tax and regulatory practices;
  • regularly advising institutional investors in connection with their investments in funds; and
  • advising sponsors on their ongoing operational issues, secondary transactions and restructuring mandates. 
 

Team

Primary Contacts
  • Jonathan Halwagi, Partner, Montréal, QC, +1 514 397 5226, jhalwagi@fasken.com
  • Anabel Quessy, Partner, Montréal, QC, +1 514 397 5156, aquessy@fasken.com
  • Jean-Philippe Joyal, Partner, Montréal, QC, +1 514 397 5264, jpjoyal@fasken.com
  • Eric Blondeau, Partner, Montréal, QC, +1 514 397 7644, eblondeau@fasken.com
  • Marcelo Ciecha, Partner, Montréal, QC, +1 514 397 7444, mciecha@fasken.com
  • Bianca Arrelle-Petit, Associate, +1 514 397 4311, barrelle@fasken.com
  • Léa Pascale Fauteux Filiatrault, Associate, Montréal, QC, +1 514 397 7476, lfiliatrault@fasken.com

Client Work

  • Discovery 2024 Short Duration LP initial public offering raises C$22.2 million, [Deal - RBC Dominion Securities Inc.], Initial public offering featuring an actively managed, diversified portfolio, primarily consisting of equity securities of Canadian gold mining companies.
  • Top Down Ventures Ltd. announces first close of US$25 million Top Down Founders Fund I, [Deal - Top Down Ventures Ltd.], Top Down Ventures Ltd. establishes its first venture capital fund.
  • BDG–Appalaches (General Partner) Inc. raises more than C$240 million in the first closing of BDG - Appalaches Fund III, L.P. and BDG - Appalaches Fund III (Intl), L.P., [Deal - BDG–Appalaches (General Partner) Inc.], BDG–Appalaches (General Partner) Inc. establishes new private equity funds.
  • Innocap Investment Management Inc. (Innocap) and Finance Montreal announce the creation of a group of investment funds named the “Investi Funds”, [Deal - Innocap Investment Management Inc.], Creation of investment funds by Innocap and Finance Montreal.
  • National Bank Financial leads underwriting syndicate in completed initial public offering, [Deal - National Bank Financial Inc.], 2028 Investment Grade Bond Trust completes CA$32.5 million initial public offering.
  • Fondaction Asset Management launched Inlandsis II, a close to $130 million fund dedicated to fight climate change and to protect nature, [Deal - Fondaction Asset Management], Fondaction Asset Management and Priori-T Capital mobilized for Inlandsis II.
  • Capital Norea Inc. raised C$300 million in the first closing of Capital Norea II, L.P., [Deal - Capital Norea Inc], Capital Norea Inc. establishes a new private equity fund.
  • Discovery 2023 Short Duration LP initial public offering raises maximum C$25 million, [Deal - RBC Dominion Securities Inc.], Initial public offering of investment fund comprised primarily of equity securities of Canadian gold mining companies, managed by Middlefield.
  • Investissement Québec and Fonds de solidarité des travailleurs du Québec (F.T.Q.), invests in MedTech Ventures Fund I LP, a venture capital fund having its C$41.5 million initial closing, [Deal - Investissement Québec and Fonds de solidarité des travailleurs du Québec (F.T.Q.)], Investissement Québec and F.T.Q. invest in a new venture capital fund.

Knowledge