A roadmap through the various regulations and tax implications can help ensure a successful offering.

Non-US private equity sponsors frequently seek to market their funds to US institutional investors. However, the evolving US regulatory regime necessitates careful planning to effect a successful US marketing effort. This Client Alert discusses a number of general legal considerations for offering a non-US private equity fund into the United States, with a particular focus on relevant aspects of US securities laws, commodity exchange laws, regulation of benefit plan investors and US federal income tax matters. Of course, beyond these general considerations, a particular private equity fund may have to contend with additional US laws and regulations, depending on the fund’s targeted investors and investment strategy.