Mori Hamada & Matsumoto has been active in the private equity area since providing advice on formation of the first venture capital fund in Japan in 1982. The firm provides advice on formation, operation, investment, collection and other stages of various types of domestic and international private equity funds. Although venture capital funds have been the most common private equity funds in Japan, other types of funds have recently grown in importance, such as buyout funds, distressed company funds and funds focusing on publicly traded stocks, intellectual property and real estate.

Recent legislation has expanded the types of entities available to be used for investment funds, namely investment limited partnerships, voluntary partnerships under the Civil Code, silent partnerships, and foreign limited partnerships. Nowadays, trusts, contractual-type investment trusts, corporation-type investment trusts, and other options are also becoming available. Since the enactment of the Financial Instruments and Exchange Act in September 2007, the government has broadened the types of partnership-type funds that are subject to regulation. We provide advice on matters such as preparing partnership agreements, solicitation documents, documents for governmental filing, and on contribution solicitation and investment restrictions based on our experience and know-how in the capital markets field.

The firm's fund practice covers all aspects of the industry, from forming and soliciting equity contributions, drafting partnership agreements and reviewing solicitation documents including prospectuses and offering memorandums, to forming investment vehicles, negotiating with lenders, consulting with supervisory authorities and advising on acquisitions and divestitures. Mori Hamada & Matsumoto draws on its strength in a wide range of practice areas in advising funds on their investment activities, including expertise in mergers and acquisitions, capital markets and business restructurings and turnarounds.

The firm's attorneys have also been active in advising government agencies in connection with development of legislation in this field through participating in research committees run by the government and preparation of model agreements based on requests from government agencies. Recently the firm's attorneys have been potential investors in funds, including governmental corporations and other investors.