ESG Risk With Potential to Open ended Funds?
ESG (Environmental, Social, and Governance) risks can also impact investment funds and potentially upend them. Investors are becoming increasingly interested...
We provide solutions to address challenges faced by those providing services to investment funds and portfolio companies where the fund is stressed or at the end of its life. Such service providers and fiduciaries include fund directors, alternative investment fund manager platforms, administrators and depository banks. Our approach also involves developing actionable solutions for regulators or government agencies. The services that we can offer are as follows:-
Experienced Independent Fiduciaries
Cork Gully’s partners and directors have held senior management positions across a variety of sectors and jurisdictions, acting as executive directors, non-executive directors and independent directors. Such a wealth of experience ensures a thorough understanding of a funds and its needs, allowing for the smooth implementation of both financial and structural change.
Our partners and directors often act as officers of the court ensuring the highest professional and ethical standards.
Acting on behalf Alternative Investment Fund Managers (AIFM)
We are frequently asked to serve as directors of a management company on behalf of alternative investment fund manager platform or at the request of stakeholders, including fund regulators to provide for oversight of the management and operation of the fund, ensuring compliance with regulatory requirements, and acting in the best interests of the investors in the fund. This role involves making decisions on behalf of the fund and its investors, such as strategies, risk management, and reporting. In making such decisions our role as an independent of the fund sponsors ensuring no conflict of interest.
Support for Fund Administrators
We can help fund administrators should the fund managers not be operating within regulatory guidelines and in the best interests of investors by providing support and advice as to the options available. We can also provide support in calculating the net asset value of the fund should the underlying investments be distressed.
The depository bank plays a critical role in the investment fund by providing a secure and transparent infrastructure for the holding and management of fund assets. This allows investors to have confidence in the safety and integrity of their investments, which is essential for the functioning of the overall financial system. The relationship with the manager can break down. We can assist by introducing new facilities.
Providing assistance to Fund Regulators
We can provide assistance to a fund regulator or other regulatory body that oversees and supervises the activities of investment funds, fund managers, and other market participants in a particular jurisdiction to protect investors and promote the stability and integrity. By monitoring and supervising fund operations and compliance with regulatory requirements. Investigating and enforcing regulatory violations and taking appropriate action at the request of the regulator.
Lender Advisory Services (NAV)
We work in partnership with lenders and advisers involved in the recovery and restructuring of portfolios where the fund or the general partner uses the investment portfolio or their interest in the fund as collateral for a loan. We can also advise on and enforce any security rights conferred on the lender. Cork Gully’s expertise in restructuring, insolvency, forensic accounting, and debt recovery helps lenders to manage risk, protect their investments, and maximise the recovery of their loans.
GP Lending
Cork Gully can help those who have provided finance to the general partner of a private equity or venture capital fund secured on the management fees, carried interest, or other assets or cash flows associated with the fund. We can assess the financial position of the fund and/or general partner should the loan’s terms and conditions be breached and the course of action required to recovery the debt.
Special Servicing Services
We can provide special servicing to lenders or investors who have distressed assets or loans that require additional attention and management. Special Servicing involves a more intensive and customised approach to managing troubled assets or loans, with the aim of maximising recovery and minimising losses. Special servicing typically includes activities such as loan restructuring, negotiating with borrowers, managing enforcement or insolvencies, and analysing the value of the distressed assets or loans. Our team has the experience and expertise in dealing with distressed assets and/or loans.
"We can help service providers, fiduciaries, regulators, and government agencies manage the challenges associated with investment funds that are stressed, and ensure the best outcome for all stakeholders involved"
ESG (Environmental, Social, and Governance) risks can also impact investment funds and potentially upend them. Investors are becoming increasingly interested...
Alternative Investment Fund Managers (AIFMs) are subject to various risks, both internal and external, which can impact their platforms. Here are a few examples...
A fiduciary is a person or entity that has a legal and ethical obligation to act in the best interests of another party. In the context of a fund...