Fund Structure Consultation and Fund Organization

Nottingham’s product development process begins with an extensive consultation during which we dive into your goals and expectations for a new product. We start by looking at investment strategy, instruments that will be utilized, and target markets. Through a series of time-tested questions, we help the client determine what investment fund structure is most appropriate to meet the stated goals and expectations. These questions serve a dual purpose as they also provide the framework for the fund’s disclosure documents.

Our in-house legal team will work with the client to prepare draft documents, which are submitted to outside legal counsel for review. Final submission of the disclosure documents to the appropriate regulating authority marks the beginning of a waiting period during which much “behind the scenes” work takes place. We can help you define and begin to implement a marketing approach and kick off conversation and negotiation with and on broker-dealer platforms. Other tasks for completion prior to launch include, but are certainly not limited to:

• Document revisions to include final comments/changes from the SEC
• Establish custody account
• Obtain CUSIPs and Nasdaq symbol(s)
• Blue Sky registration
• Manage execution of selling and platform distribution agreements
• File post-effective with SEC

For ETFs, the process is essentially the same. Nottingham also coordinates and manages:

• Establishing ETF(s) on an Exchange
• Securing Lead Market Maker
• Establishing agreements with Authorized Participants (APs), and, as applicable, index
• Assistance with service provider contract negotiations, including Auditor and iOPV agent