Introduction

As traditional investment landscapes become more competitive, savvy investors and financial professionals are increasingly turning to alternative investments to diversify portfolios and seek enhanced returns. This shift, however, brings with it a complex web of legal, regulatory, and compliance challenges that are fundamentally different from those associated with stocks, bonds, and other traditional assets. This intensive training course provides a deep dive into the unique legal structures, due diligence requirements, and regulatory frameworks that govern the world of alternative investments, preparing participants to navigate this sophisticated environment with confidence.

This program focuses particularly on the legal perspective of alternative investments. You will gain a comprehensive understanding of the legal documentation, contractual agreements, and jurisdictional nuances critical to managing these assets. The course will cover everything from the legal risks of private equity and hedge funds to the regulatory hurdles of real estate and commodities. By the end of this training, you will be equipped to identify and mitigate legal risks, ensure regulatory compliance, and provide expert guidance on structuring alternative investment deals, positioning you as a crucial asset to your firm or clients.

Duration

5 days

Target Audience

• Investment Managers and Analysts
• Financial Advisors
• Legal and Compliance Professionals
• Wealth Managers
• Portfolio Managers
• Fund Administrators
• Corporate Lawyers
• Private Bankers
• Accountants and Auditors
• Institutional Investors

Objectives

• Understand the legal and regulatory framework for alternative investments
• Identify and assess the unique legal risks associated with each asset class
• Conduct comprehensive legal due diligence on alternative investment opportunities
• Analyze key legal agreements and offering documents
• Ensure compliance with relevant financial regulations and reporting requirements
• Navigate cross-border legal challenges in global alternative investments
• Structure and manage alternative investment funds
• Understand the legal aspects of capital raising and investor relations
• Mitigate potential legal and reputational risks

Course Modules

Module 1: Introduction to Alternative Investments

• Defining and categorizing alternative investments
• An overview of the key players in the alternative investment ecosystem
• The role of alternative investments in a diversified portfolio
• Understanding the legal structures of private funds
• Key differences between traditional and alternative asset classes

Module 2: Private Equity and Venture Capital

• The legal structure of private equity and venture capital funds
• The role of the Limited Partnership Agreement (LPA)
• Legal due diligence in M&A and venture capital deals

• Understanding carried interest and management fees from a legal perspective
• Regulatory considerations for private equity firms

Module 3: Hedge Funds and Managed Futures

• Legal formation and operation of hedge funds
• Key provisions in the hedge fund's offering memorandum
• Understanding the legal complexities of different trading strategies
• Compliance with anti-money laundering (AML) and know-your-customer (KYC) regulations
• The legal framework for managed futures accounts

Module 4: Real Estate and Infrastructure

• Legal structures for real estate investment funds (REITs)
• Understanding joint venture agreements and property rights
• Legal aspects of property acquisition, development, and financing
• Regulatory hurdles in infrastructure project financing
• Environmental law and its impact on real estate investments

Module 5: Commodities and Tangible Assets

• The legal framework for trading and holding commodities
• Understanding the role of legal contracts in commodity derivatives
• Legal considerations for investments in art, wine, and collectibles
• Regulatory oversight of commodity exchanges
• The legal risks of physical commodity storage and logistics

Module 6: Legal Due Diligence in Practice

• A step-by-step guide to conducting legal due diligence
• Reviewing corporate governance documents and litigation records
• Analyzing intellectual property rights and patents
• Identifying and mitigating legal and operational risks
• The use of legal opinions and third-party reports

Module 7: Regulatory Compliance and Reporting

• An overview of key financial regulations globally
• Navigating compliance with securities laws
• Understanding reporting obligations for private funds
• The role of the compliance officer in an alternative investment firm
• Case studies on regulatory enforcement actions

Module 8: Taxation and International Jurisdictions

• The tax implications of different alternative investment structures
• Understanding tax treaties and their impact on cross-border deals
• Legal frameworks for offshore financial centers
• The challenges of jurisdictional arbitrage and tax evasion
• Managing legal risks in international fund structures

Module 9: Legal Aspects of Fund Management

• Fiduciary duties of fund managers to their investors
• Legal requirements for investor communications and reporting
• Managing conflicts of interest within a fund
• Legal best practices for investor redemptions and withdrawals
• Preparing for regulatory audits and examinations

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 10 working days before commencement of the training.