California Clauses Relating to Capital Calls

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FAQ

A capital call is a tool used by private fund managers (commonly referred to as ?general partners? or GPs) to collect capital from investors (referred to as ?limited partners? or LPs) when the fund needs it most.

Private equity firms typically issue capital calls when an investment deal has been reached and is nearing close. Investors have a predetermined amount of time, which is usually between a week and 10 days, to provide the funds.

Capital contributions are the money or other assets members give to the LLC in exchange for ownership interest. Members fund the LLC with initial capital contributions?these are usually recorded in the operating agreement. Additional capital contributions can be made at any time later on.

A capital call (also referred to as a 'drawdown' or a 'capital commitment') is the means by which limited partners fund their investments in a private equity fund. An LP agrees to a certain capital commitment as part of their Limited Partnership Agreement (LPA) with a private equity fund.

For LPs: Hold on to some of their capital. Not having to contribute all their capital upfront gives LPs flexibility to invest the capital elsewhere until it's called. ? Use distributions to cover future investments/expenses. Some funds pay distributions to LPs before calling all of their committed capital.

Capital calls need to be clear, easy to understand, and include all the information needed for making a transfer. They must include a deadline, amount, and the name of the investor/fund. Capital calls are generally used by real estate funds.

For instance, in a limited liability company, if the company experiences a capital shortfall is not able to meet its commitments, the limited liability company operating agreement may provide that the company can call on existing members to make additional contributions to the company.

Capital calls need to be clear, easy to understand, and include all the information needed for making a transfer. They must include a deadline, amount, and the name of the investor/fund. Capital calls are generally used by real estate funds.

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California Clauses Relating to Capital Calls