PRACTICE AREAS

Industry Coverage Funds

TMI has been providing legal advice to funds which invest others’ money.  As funding and investment through funds have become widespread in various fields in recent years, the types of funds we advise have also become diversified.  Our firm also provides legal advice necessary for domestic funding and investment to managers of funds established in Japan and also abroad.  The funds we have so far provided legal advice to include venture capital funds, buyout funds, distressed funds, corporate reconstruction funds, real estate funds, contents funds and so on, as well as funds for investment in alternative energy sources, funds for infrastructure investment and the like, in accordance with the changes in the recent socioeconomic environment. 

In establishing, managing and sustaining funds, we must give consideration to laws such as the Civil Code, the Commercial Code and the Limited Partnership Act for Investment.  Also, in soliciting investors, we must give consideration to laws such as the Financial Instruments and Exchange Act, the Financial Instruments Sales Law, and the Investment Act.  At our firm, attorneys who advise on investment funds and attorneys who participated in drafting regulations on collective investment schemes at the Financial Services Agency form teams to provide you with advice on ways to establish funds in light of arising legal issues, as well as advice on ways to manage funds in light of the latest regulation trends.  In the process of providing such advice, we also assist clients with consultations with the supervisory government agencies.

In addition, we also provide a wide range of legal advice on drafting various related contracts such as partnership contracts necessary for setting up funds, items to consider when managing, operating and terminating funds, legal due diligence when funds actually invest, drafting and negotiating investment agreements and similar documents, legal points and drafting legal documents when recouping investment and other matters.

As mentioned above, the types of “funds” have become diverse and their styles of management have also evolved with the times.  In order to provide the best and most appropriate advice for clients engaged in various funds, we believe that not only understanding the laws and regulations regarding the funds themselves, but also the environmental and regulatory trends relating to the industrial and technical fields in which the fund aim to invest, in addition to having high practical experience in such fields, are vital.  So far, we have provided advice to clients engaged in venture capital funds investing in the IT and bio-related fields, via our teams of patent attorneys and attorneys well-versed in the relevant technology fields.  Also, in supporting clients engaged in contents funds aiming to invest in movies, games and other content, experienced intellectual property attorneys and experienced finance attorneys form teams to provide advice.  Furthermore, we meet the demands of clients engaged in corporate turnaround funds and buyout funds relating to M&A associated with business spin-offs from major corporations, which have been increasing in recent years.  For these types of cases, we form teams of M&A attorneys and patent attorneys experienced in research and related activities for such business and provide advice based on professional analysis of the corresponding core technology.

Our firm has a system in place that utilizes the professionalism and know-how of our diverse human resources, resulting in the synergy of our skills.  We believe that this is truly the meaning of superior value-added services, which we provide to our clients engaged in funds.

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