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The private fund industry continues to grow at a record pace, with $9.2 trillion under management as of March 2021. As the industry has grown, private fund principals and employees have become increasingly well compensated through a variety of sources, including salary, bonus, long-term incentive plan (LTIP) compensation, fund co-investment participation, and carried interest awards. To retain and recruit talented individuals, private fund sponsors are well served by ensuring their team members are appropriately compensated. Likewise, as the marketplace has become ever more competitive for top talent, private fund sponsors must consider appropriate conditions and restrictions to protect their interests in connection with departures. This two-part series addresses the legal aspects of private investment fund compensation arrangements for their investment teams.
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