Navigating ESG issues during the private fundraising process

ESG and fundraising: practical considerations Engage with ESG at an early stage with all relevant stakeholders Think about ESG holistically - consider different regulatory regimes and investor demands Manage side letter requests carefully to ensure that they don't cut across regulatory/ investor requirements / demands Include robust risk factors and reps in subscription agreements acknowledging the regulatory uncertainty and obtaining confirmations that investors are not investing because of a fund's ESG status Ensure marketing materials reflect your ESG disclosure category Ensure that all ESG-related claims are accurate and reflect what you are able to do / commit to ROPES & GRAY 10 10

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