Investment transactions continue to become more complex as innovative investment products are developed and sold. Investors seek to improve their returns by investing in these new products. So-called “alternative investments” have become an important part of the portfolio of the institutional investor. These investments demand sophisticated legal analysis, a knowledge of the existing market, and a knowledge of the particular laws and regulations to which each type of institutional investor is subject. Quarles & Brady has always been, and continues to be, unique in its attention to the investors and has a team of professionals focused on their particular legal needs.
Tax-Exempt Entities. Our team represents various tax-exempt organizations, including universities, foundations, public charities, pension funds, hospital/health systems, and state agency fiduciaries.
- We advise tax-exempt clients regarding unrelated business taxable income (UBTI), including unrelated debt-financed income, in connection with their investments.
- We counsel private foundation clients on specific provisions of the Internal Revenue Code that may affect investment activities, such as the prohibitions on excess business holdings, self-dealing, and jeopardizing investments.
- We work with fund managers to avoid penalty taxes, minimize income tax burdens and negotiate withdrawal rights or other appropriate remedies for tax-exempt clients.
- We work closely with our clients to comply with state laws, such as the Uniform Prudent Management of Institutional Funds Act (UPMIFA).
- On behalf of clients that invest pension plan assets, we review fund documents and fund structure to ensure that a fund’s assets do not become ERISA plan assets.
- private fund investments
- secondary fund transfers.
- investment management agreements
- custody agreements
- investment policies
- derivatives and other investment products
- mission-related investments