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Another challenge that may present an issue for a venture capital fund or private equity fund under the Exchange Act is the requirement that any U.S. issuer (for our purposes, any U.S. fund) that has more than 499 holders of record or any non-U.S. issuer (non-U.S. fund) that has more than 299 holders of record resident in the United States comply with public disclosure, reporting, and other obligations as a public company under the Exchange Act. As a result, great care is taken to ensure that these limits are not exceeded. Caution is particularly warranted in master- feeder structures and parallel fund structures, as the facts.
