Key Legal and Structural Considerations for Asian Equity Investments

The favorable economic fundamentals of many growth-stage economies across the Asian region can provide tremendous investment opportunities for hedge funds and other investors. To generate good returns on a consistent basis, however, requires a deep understanding of the structural and legal issues that, in many cases, are unique to the countries in that region. For example, there is a greater tendency toward family control over listed and unlisted businesses in Asia in comparison to the U.S. or many European markets. In addition, the unique features of the legal and regulatory systems – which vary significantly across Asia – can, in some instances, either make or break investment returns. This guest article by Matthew Puhar, Daniel Cohen, Sonia Lor and Steven Franklin, attorneys at Akin Gump, examines several areas where knowing how best to navigate key legal and structural issues and opportunities in particular Asian jurisdictions can provide fund managers with a concrete investment edge and analyzes various topical examples. See “AIMA (Japan) and Eurekahedge Survey of Investors in Japan Reveals Concerns With Hedge Fund Manager Registration Requirements, the Volcker Rule and Success of ‘Abenomics’” (Jun. 23, 2016); “Roadmap to China’s New Shanghai-Hong Kong Stock Connect Program” (Nov. 20, 2014); and our two-part series “Structuring, Regulatory and Tax Guidance for Asia-Based Hedge Fund Managers Seeking to Raise Capital From U.S. Investors”: Part One (Aug. 9, 2012); and Part Two (Aug. 16, 2012). 

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