Publication
How to Open an Investment Fund in the US: Key Steps and Requirements
Investment funds have long been a tool that helps businesses raise capital and scale. The United States remains the global center of the investment industry, and many international companies choose this jurisdiction to launch their funds.
Why register a fund in the United States?
- Prestige of the jurisdiction – American registration increases investor confidence.
- Wide access to capital – the largest institutional and venture capital players are concentrated here, as well as a large capital market for non-qualified investors.
- Legal protection – strict SEC rules create a transparent and predictable operating environment.
- Flexibility – you can choose the structure that best suits your project: from an SPV to private equity.
Key steps in establishing a fund
- Choosing a structure: venture capital fund, private equity, hedge fund, or SPV.
- Preparing the incorporation documents: charter, investor agreement, governance policy.
- Incorporation in the United States: choosing a state (Delaware is one of the most popular options due to its flexible corporate laws).
- Tax planning: developing a structure that optimizes taxation and meets IRS requirements.
- Compliance and licensing: complying with SEC rules and local laws.
- Opening bank accounts and infrastructure: the fund must have an operational base to work with investors.
What requirements should be considered?
- Regular reporting to investors and regulators.
- Transparency of transactions and the origin of funds.
- Having an experienced manager is a key factor in trust.
Establishing a fund in the US is not simply registering a company; it is building a comprehensive investment infrastructure. With the right approach, a fund becomes a reliable tool for raising capital and growing a business.
Antwort Law supports clients at every stage – from choosing a structure to registering the fund and providing subsequent legal support. Contact us to launch an investment fund in the US in compliance with all requirements and receive maximum benefits.
Olena Deilid
Junior Legal Secretary
Actual Services
FAQ
Are there any limits on the amount of investment the fund can make in the US?
There are no restrictions for one investor. However, the total amount of funds that the fund can attract at an early stage is regulated and must not exceed the established limit. In the future, an expansion procedure is possible.
Can foreign investors participate in a US fund?
Yes, participation is open to both US and foreign investors, with the exception of sanctioned countries.
Who can be an investor in a US fund - only qualified investors or also non-qualified ones?
At the start, the fund can work with both qualified and unqualified investors. For the latter, there are certain quantitative restrictions that can be lifted after additional regulation.
Is there a limit on the number of investors in an American fund?
There are no restrictions for qualified investors. For non-qualified investors, there is a limit that can be expanded by registering with additional requirements.
What are the benefits of operating a fund in the US?
The ability to legally attract investments through bank accounts.
Lower operating costs compared to other jurisdictions.
The reputation of the American fund, which is valued throughout the world.
Flexibility in choosing projects for investment.
How can an American fund invest in projects outside the US?
Yes, the fund can create special purpose vehicles (SPVs) in different countries and invest in international projects, with the exception of prohibited or sanctioned jurisdictions.
Are there any asset allocation requirements for a US fund (e.g. stocks, real estate, startups)?
No. The Fund independently determines the investment strategy and asset distribution within the framework of current legislation.
What are the minimum requirements for a fund structure in the US?
It is necessary to appoint a US resident director, have a legal address (you can use the Regus service), and also launch your own website and phone number to work with investors.
Can an American fund work with investors entirely online?
Yes, all work with investors can be done remotely - concluding contracts, completing KYC/AML and making payments are available in electronic format.
How much does it cost to set up a fund in the US?
The cost of registering an investment fund in the USA depends on the fund structure and the investor's business model. To prepare an individual calculation, contact us and describe your project.