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Securities

Oct. 3, 2023

How to tokenize your private fund

A legal framework to tokenize private fund products helping fund managers to improve on operational efficiencies, provide increased accessibility, yield a faster speed of settlement, optimize transferability, and integrate smart contract functionality - providing use cases not traditionally associated with private funds, despite the lack of regulatory clarity given the nascent state of blockchain and its clashes with U.S. securities laws.

Malhar Oza

Counsel
Cole-Frieman & Mallon LLP

Phone: (415) 762-2879

Email: moza@colefrieman.com

Malhar assists clients on various operational, transactional and regulatory matters related to digital assets, including fund formation (domestic and offshore), tokenization, and web3 work for US and non-US companies. He also counsels crypto managers, investment advisers, digital asset fund managers, and other members of the digital asset investment management industry on complex compliance matters related to state and federal securities laws.

Tokenized funds are the next iteration of private fund products with managers seeking to use powerful blockchain technology as a building block for their funds. Tokenized private funds can offer a new and improved private fund experience to their investors. However, investors may generally be unfamiliar with tokenization and the blockchain, and may face hurdles in subscribing, redeeming, holding, and utilizing tokenized interests. Others may view tokenization as a me...

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