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The Funds & Investment Law Practice is a specialized area of corporate and securities law that provides legal counsel on the formation, regulation, and ongoing operation of collective investment vehicles. This practice is dedicated to advising a wide range of clients, from asset managers creating new funds to the boards of established funds. It covers the entire lifecycle of an investment fund, including advising on the optimal legal structure and domicile, drafting the fund’s foundational documents such as its prospectus and offering memoranda, and ensuring the fund is registered and compliant with all applicable securities laws. Practitioners also provide continuous advice to fund managers and boards on their fiduciary duties, corporate governance, and regulatory reporting obligations to protect the interests of the fund’s investors.
An investment fund is a professionally managed financial vehicle that pools money from a large number of investors to purchase a diversified portfolio of securities, such as stocks, bonds, or other assets. By investing through a fund, individuals gain access to a broader range of investments and a level of professional portfolio management that would be difficult to achieve on their own. Each investor owns shares in the fund, which represent a portion of the fund’s total holdings.
A mutual fund is a type of professionally managed investment fund that gathers capital from numerous investors to purchase a diversified portfolio of securities. A key characteristic of a mutual fund is how its shares are priced and traded. Investors buy shares directly from the fund or through a broker, and the price they pay is the fund’s Net Asset Value (NAV) per share, which is calculated once per day after the market closes.
An Exchange-Traded Fund (ETF) is a type of investment fund that, like a mutual fund, holds a portfolio of assets such as stocks or bonds. However, unlike a mutual fund, an ETF is traded on a stock exchange throughout the day, just like an individual stock. The price of an ETF’s shares fluctuates during the trading day based on supply and demand. Many ETFs are designed to passively track the performance of a specific market index.
The primary difference lies in how they are traded and priced. Mutual fund shares are purchased from and sold back to the fund company at the fund’s Net Asset Value (NAV), which is calculated once at the end of each trading day. In contrast, shares of an Exchange-Traded Fund (ETF) are traded between investors on a stock exchange throughout the day at market prices that fluctuate. This makes ETFs generally more liquid and transparent in their pricing than mutual funds.
The most common fee is the management fee, which is part of the fund’s overall expense ratio and is charged annually as a percentage of the assets under management. This fee covers the costs of portfolio management and fund operations. Some funds, particularly actively managed mutual funds, may also charge a sales load, which is a commission paid when you buy or sell shares. Additionally, there are trading costs incurred by the fund itself as it buys and sells securities in its portfolio.
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