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Fund formation

This area covers how a real estate fund gets organized between a sponsor and its limited partners. It deals with entity choice and the economics each side accepts under the governing documents.

Readers can settle whether a manager should raise pooled capital before assets are chosen or raise equity one asset at a time, and what size and fee terms a first fund can carry. Other questions include whether a property joint venture belongs in an LLC or a limited partnership, and what the partnership agreement should say about carried interest and clawback. Side rights for large investors, such as a seat alongside the fund on single deals, sit here too, as do capital call credit lines and loans secured by net asset value. Each answer points to a document the parties will sign.

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