Marketing Funds in the United States: SEC Form D Electronic Filing Deadline Approaching

Hedge funds and private equity funds (Funds) that offer or sell interests to persons in the United States are generally required to file a Form D with the SEC. On February 6, 2008, the SEC adopted certain rule changes which, among other things, require Form D to be filed electronically and, where the Fund is continually offered, the filing of annual amendments.

Under the new rules, all Funds that are engaged in continuing offerings in the United States will be required to electronically file an amendment to their Form Ds by March 16, 2009, unless a Fund filed a Form D or amended its Form D within the previous 12 months (in which case, it will have to electronically file an amendment on the first anniversary of such filing or amendment).

Full details of the relevant rule change can be found here.

About Our Hedge Funds Practice

As counsel to many of the top private equity and hedge funds in the world, Akin Gump Strauss Hauer & Feld LLP has helped clients raise, invest and realize billions of dollars. Our long-standing client relationships are a result of our strong performance, responsive service and industry-leading experience.

In our hedge funds practice, each of our office teams, taken alone, would be a leading practice in the representation of sponsors of domestic and non-U.S. private funds. Together, our experience and depth is difficult to match. We have extensive experience in complex international corporate and tax structuring for non-U.S. investors. Our practice encompasses all aspects of fund formation and ongoing operations, including the structuring and formation of traditional hedge funds and offshore funds; specialized strategy funds; fund of funds; master feeder structures; hybrid structures; foreign stock exchange listings; transactions and ongoing operations; stake investments, joint ventures, executive compensation and deferral plans; and registration and compliance for registered investment advisors, commodity pool operators (CPOs)/commodity trading advisors (CTAs) and broker-dealers. We routinely monitor new legal and business developments and are regularly called upon to speak at industry conferences and to participate in regulatory debate.

For more on our investment funds practice please visit the Akin Gump investment funds practice home page


If you have any questions regarding this alert, please contact-

David M. Billings 44.20.7012.9620 London
Christopher Gorman-Evans   44.20.7012.9656 London
Simon Thomas 44.20.7012.9627 London
Robert M. Griffin Jr. 44.20.7012.9676 London