Contact details

James Tinworth

T: +44 20 7809 2082 M: +44 7780 483 175 Email James | Vcard Office: London

James Tinworth Partner

Contact details

James Tinworth

James Tinworth
Partner

T: +44 20 7809 2082 M: +44 7780 483 175 Email James | Vcard Office: London

James provides funds and UK financial services regulatory advice. His funds work focuses on hedge funds but he can advise in relation to all types of fund structures including private equity, finance, real estate and true alternative funds. James is a specialist in the AIFMD.
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James regularly advises on the structuring, establishment, operation and restructuring of investment funds. He has experience of a wide variety of fund structures (both open and closed-ended, including hybrid hedge-private equity funds and UCITS) established in a number of jurisdictions (both onshore and offshore).

James has advised on numerous fund launches for clients ranging from small start-ups to large, established fund managers. He regularly drafts and negotiates, and advises on the full range of fund-related documentation (including non-standard documentation such as side letters, managed accounts, remuneration deferral arrangements, performance fee wording etc.).

James regularly advises in relation to the UK regulatory regime, the AIFMD and other EU legislation, financial promotion rules, conduct of business issues and other aspects of the FCA Handbook.

James also advises investors on the legal issues relating to investments in funds.

James was identified by The Legal 500 UK 2016 as a "key individual".

  • Investment funds
  • Banking and financial services regulation

Fund re-launch

Advised on the re-launch of a fund for institutional investors, including the implementation of a contingent performance reserve mechanism in the performance fee arrangements. Advised on the subsequent conversion to a master-feeder structure with a Cayman limited partnership as the master fund.

Fund launch

Advised on the framework agreement for a joint venture shipping fund, which is to be established as a segregated portfolio company in the Cayman Islands.

Managed account negotiation

Negotiated of an investment management appointing my UK-based fund manager as investment manager of a sub-fund of an Irish UCITS.

Managed account negotiation

Negotiated of an investment management appointing my UK-based fund manager as investment manager of a segregated portfolio of a Cayman SPC.

Fund liquidation

Advised in relation to the orderly wind-down and liquidation of Cayman-based corporate fund and its side pocket.

Investor report

Prepared a legal due diligence report for several investors in relation to a proposed investment in a real estate fund and a credit fund.

Performance fee

Advised in relation to performance fee wording for a real estate fund and provisions and documents relating to its pre-payment.

More: Investment funds

Peer-to-peer lending

Advised in relation to the establishment of a peer-to-peer lending platform.

AIFMD implementation

Advised numerous UK fund managers in relation to the implementation of the AIFMD and its effect on existing fund documents.

AIFMD marketing

Advised numerous non-EEA AIFMs in relation to the marketing of their AIFs in the EEA.

Definition of "AIF"

Advised clients (including a real estate fund, an aircraft leasing fund, a venture capital platform and a property crowd funding platform) in relation to whether the relevant vehicle was an AIF.

Remuneration codes

Advised in relation to AIFMD's remuneration rules and their interaction with the FCA's IFPRU and BIPRU Remuneration Codes. Advised on the ability of clients to disapply various provisions of the AIFMD's remuneration rules by using the principle of proportionality.

Appointed representatives

Advising a number of clients about the UK's appointed representative (AR) regime, the adequacy of the scope of the FCA authorisation of the relevant principals and the AR-principal agreements.

FCA rules

Advised a fund manager in the US in relation to its appointment as the portfolio manager of a UK UCITS and reviewed the investment management agreement. Provided particular advice in relation to various UCITS (COLL) rules (including spread requirements and investment restrictions) and other FCA rules (including best execution (COBS 11.2), use of dealing commissions (COBS 11.6) and conflicts of interest requirements (SYSC 10).

More: Banking and financial services regulation
  • Funds and financial services

Fund re-launch

Advised on the re-launch of a fund for institutional investors, including the implementation of a contingent performance reserve mechanism in the performance fee arrangements. Advised on the subsequent conversion to a master-feeder structure with a Cayman limited partnership as the master fund.

Fund launch

Advised on the framework agreement for a joint venture shipping fund, which is to be established as a segregated portfolio company in the Cayman Islands.

Managed account negotiation

Negotiated of an investment management appointing my UK-based fund manager as investment manager of a sub-fund of an Irish UCITS.

Managed account negotiation

Negotiated of an investment management appointing my UK-based fund manager as investment manager of a segregated portfolio of a Cayman SPC.

Fund liquidation

Advised in relation to the orderly wind-down and liquidation of Cayman-based corporate fund and its side pocket.

Investor report

Prepared a legal due diligence report for several investors in relation to a proposed investment in a real estate fund and a credit fund.

Performance fee

Advised in relation to performance fee wording for a real estate fund and provisions and documents relating to its pre-payment.

Peer-to-peer lending

Advised in relation to the establishment of a peer-to-peer lending platform.

AIFMD implementation

Advised numerous UK fund managers in relation to the implementation of the AIFMD and its effect on existing fund documents.

AIFMD marketing

Advised numerous non-EEA AIFMs in relation to the marketing of their AIFs in the EEA.

Definition of "AIF"

Advised clients (including a real estate fund, an aircraft leasing fund, a venture capital platform and a property crowd funding platform) in relation to whether the relevant vehicle was an AIF.

Remuneration codes

Advised in relation to AIFMD's remuneration rules and their interaction with the FCA's IFPRU and BIPRU Remuneration Codes. Advised on the ability of clients to disapply various provisions of the AIFMD's remuneration rules by using the principle of proportionality.

Appointed representatives

Advising a number of clients about the UK's appointed representative (AR) regime, the adequacy of the scope of the FCA authorisation of the relevant principals and the AR-principal agreements.

FCA rules

Advised a fund manager in the US in relation to its appointment as the portfolio manager of a UK UCITS and reviewed the investment management agreement. Provided particular advice in relation to various UCITS (COLL) rules (including spread requirements and investment restrictions) and other FCA rules (including best execution (COBS 11.2), use of dealing commissions (COBS 11.6) and conflicts of interest requirements (SYSC 10).

More: Funds and financial services

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