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2025-10-02 13:00:00

Impact Investment Funds: Legal structures, formation documents, key terms, compliance considerations, and integrating impact objectives into equity and loan documentation.

2025-10-02 13:00:00

Impact Investment Funds: Legal structures, formation documents, key terms, compliance considerations, and integrating impact objectives into equity and loan documentation.

2025-10-02 13:00:00

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Course Overview

Structuring Impact Investment Funds and Documentation

Participants will learn to structure impact investment funds, draft governing documents with embedded impact objectives, and navigate regulatory compliance across federal and state frameworks. These skills enable attorneys to effectively represent sponsors, investors, and nonprofits in mission-driven transactions.

Legal Structures

Select appropriate entity types for impact objectives.

Formation Documents

Embed impact covenants into LPAs and agreements.

Regulatory Compliance

Navigate federal, state, and anti-ESG frameworks.

Impact Lending

Draft loan documents with ESG-linked provisions.

Course Overview

Structuring Impact Investment Funds and Documentation

Participants will learn to structure impact investment funds, draft governing documents with embedded impact objectives, and navigate regulatory compliance across federal and state frameworks. These skills enable attorneys to effectively represent sponsors, investors, and nonprofits in mission-driven transactions.

Legal Structures

Select appropriate entity types for impact objectives.

Formation Documents

Embed impact covenants into LPAs and agreements.

Regulatory Compliance

Navigate federal, state, and anti-ESG frameworks.

Impact Lending

Draft loan documents with ESG-linked provisions.

Why Attend

Why this 
program matters

Understanding impact investment fund legal structures, formation documents, and compliance requirements is essential because practitioners must navigate complex regulatory frameworks while embedding measurable social objectives into sophisticated financial instruments.
$1.5T
Global impact investing assets under management managed by over 3,900 organizations worldwide, representing 21% compound annual growth since 2019.
3.7M
Housing units financed through the Low-Income Housing Tax Credit program since 1987, representing the largest federal program for affordable rental housing development.
$450B
Total assets held by CDFI industry as of 2023, with the number of certified entities growing 40% over the preceding five years.
89%
Impact assets under management invested targeting market-rate returns, demonstrating impact investing can achieve competitive financial performance.

Agenda

Session 1

Fund Types and Legal Structures for Impact Investing

Session 2

Essential Formation Documents and Their Key Purposes

Session 3

Negotiating Key Fund Terms and Risk Management

Session 4

Compliance and Tax Considerations for Impact Funds

Session 5

Integrating Impact with Public Sector Financing Layers

Break

Scheduled Break for Session Participants

Session 6

Typical Timelines and Practical Fund Formation Challenges

Session 7

Investor Types: CRA-Motivated Banks and Private Donors

Session 8

Understanding Differences in Investor Objectives and Expectations

Session 9

Downstream Impact Lending Programs and Loan Documentation

clock 1:00 pm - 1:12 pm EST

Fund Types and Legal Structures for Impact Investing

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

This session explores the core principles of impact investing and key U.S. impact sectors including affordable housing, renewable energy, and healthcare. Participants will examine for-profit fund structures, nonprofit philanthropic models, and the use of limited partnerships and LLCs as primary legal vehicles for impact funds.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 1:12 pm - 1:24 pm EST

Essential Formation Documents and Their Key Purposes

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Learn how impact principles are embedded into Limited Partnership Agreements through fund purpose statements, duties, covenants, and reporting requirements. This session covers governance structures, impact measurement frameworks, mission preservation provisions, and securities considerations for private placements.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 1:24 pm - 1:36 pm EST

Negotiating Key Fund Terms and Risk Management

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

This session addresses the multiple risk categories parties must consider when negotiating fund terms, including tax, governance, structuring, and reputational risks. Special attention is given to nonprofit considerations such as cultural gaps, mission drift optics, and balancing compliance with donor expectations.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 1:36 pm - 1:48 pm EST

Compliance and Tax Considerations for Impact Funds

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Explore the piecemeal federal regulatory framework governing impact investments, including DOL rules on ESG factors and SEC scrutiny of fund naming practices. This session also covers state-level anti-ESG legislation, nonprofit law complexities, and tax structuring strategies to protect investor interests.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 1:48 pm - 2:00 pm EST

Integrating Impact with Public Sector Financing Layers

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Examine how blended finance structures combine capital with different return expectations to address market gaps. Learn how first loss guarantees from foundations, development banks, and government agencies serve as critical tools for unlocking commercial capital flows.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 2:00 pm - 2:10 pm EST

Scheduled Break for Session Participants

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

A brief intermission allowing participants to refresh before continuing with the remaining program sessions. Use this time to reflect on concepts covered and prepare questions for upcoming topics.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 2:10 pm - 2:25 pm EST

Typical Timelines and Practical Fund Formation Challenges

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

This session addresses the complexity of impact deal structures and the creativity required when working with lean budgets. Participants will learn about skill set requirements, recruitment challenges, and ongoing industry standardization efforts by organizations like LSTA and GIN.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 2:25 pm - 2:40 pm EST

Investor Types: CRA-Motivated Banks and Private Donors

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Understand how the Community Reinvestment Act drives bank participation in impact investing, particularly in affordable housing and community development. This session also explores how foundations deploy capital through PRIs and recoverable grants alongside active family offices.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 2:40 pm - 2:55 pm EST

Understanding Differences in Investor Objectives and Expectations

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Explore how return expectations vary across investor types and the fundamental question of balancing financial returns with social benefit. This session examines different motivations driving pension funds, foundations, and banks, along with evolving measurement and verification standards.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

clock 2:55 pm - 3:10 pm EST

Downstream Impact Lending Programs and Loan Documentation

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Learn how impact considerations are embedded into loan documents through use of proceeds restrictions, ESG-specific covenants, and interest rate adjustments tied to sustainability goals. This session covers security structures, guarantees, enforcement dilemmas, and emerging trends in impact loan documentation.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

01 10
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn how impact investment funds are structured using LPs and LLCs, essential formation documents, key fund terms, and compliance considerations.

What will you gain

Attorneys will gain practical knowledge for integrating impact objectives into equity and loan documentation while navigating federal and state regulatory frameworks.

Fund Structures
Limited partnerships and LLCs are typical structures offering tax efficiency and liability protection.
Formation Documents
LPAs embed impact through fund purpose, covenants, reporting, governance, and exit provisions.
Investor Types
CRA-motivated banks, foundations, pension funds, and family offices have different return expectations.
Tax Compliance
Tax credits, PRIs, and pass-through structures require coordination among multiple parties.
Loan Documentation
Impact loans include use of proceeds restrictions, ESG covenants, and interest rate adjustments.
Regulatory Framework
Federal and state regulations create a patchwork including anti-ESG legislation in some states.

What will you learn

Attorneys will learn how impact investment funds are structured using LPs and LLCs, essential formation documents, key fund terms, and compliance considerations.

What will you gain

Attorneys will gain practical knowledge for integrating impact objectives into equity and loan documentation while navigating federal and state regulatory frameworks.

Plans

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Individual Purchase
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Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kristin E. Niver

Robinson & Cole LLP

Matthew Schernecke

Hogan Lovells US LLP

Kristin E. Niver

Robinson & Cole LLP

Kristin Niver is counsel focusing on real estate finance and affordable housing transactions. She is a nationally recognized affordable housing finance and tax credit attorney, formerly an urban planner, working at the intersection of clean energy and affordable housing.

Education & Credentials

U.C.L.A. School of Law, Columbia University Graduate School of Architecture, Preservation and Planning, and the University of Chicago.

Recognition & Leadership

Listed in The Best Lawyers in America for Real Estate Law since 2023. In 2024, honored with Bisnow's DMV Women Leading Real Estate Rising Star Award.

Experience

Represents CDFI lenders, nonprofit organizations and green banks in transactions utilizing GGRF-funded loans and grants, IRA tax credits, and other IRA direct spending sources. Counsels borrowers and developers who are beneficiaries of these programs. Extensive expertise in affordable housing development and financing tools.

Kristin E. Niver

Robinson & Cole LLP

Kristin Niver is counsel focusing on real estate finance and affordable housing transactions. She is a nationally recognized affordable housing finance and tax credit attorney, formerly an urban planner, working at the intersection of clean energy and affordable housing.

Education & Credentials

U.C.L.A. School of Law, Columbia University Graduate School of Architecture, Preservation and Planning, and the University of Chicago.

Recognition & Leadership

Listed in The Best Lawyers in America for Real Estate Law since 2023. In 2024, honored with Bisnow's DMV Women Leading Real Estate Rising Star Award.

Experience

Represents CDFI lenders, nonprofit organizations and green banks in transactions utilizing GGRF-funded loans and grants, IRA tax credits, and other IRA direct spending sources. Counsels borrowers and developers who are beneficiaries of these programs. Extensive expertise in affordable housing development and financing tools.

Matthew Schernecke

Hogan Lovells US LLP

Matthew Edward Schernecke advises direct lenders, mezzanine investment funds, and venture capital investors in debt and investment transactions. He counsels private equity clients and corporate borrowers on acquisition financings, restructurings, bankruptcy matters, ESG and impact investment financings, and real estate financings across diverse industries.

Recognition & Leadership

Fellow of the American College of Commercial Finance Lawyers, recognizing his commitment to the advancement and promotion of commercial finance law.

Professional Involvement

Sought after by top-tier organizations to speak on market practice during the COVID-19 pandemic, including the Loan Syndications and Trading Association (LSTA) and the American Bar Association (ABA).

Experience

Prior to joining Hogan Lovells, Matthew was a partner at another multinational law firm where he served as the New York office local practice group leader for the finance practice and as a leading member of its CARES Act Loan Program Task Force. He previously served as a law clerk to Federal Magistrate Judge Cheryl L. Pollak of the U.S. District Court for the Eastern District of New York.

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