July / August 2007 Issue


    Month: July
    Year: 2007

    Back to Print Editions

    Taking the board public

    Building the right board of directors for a portfolio company about to go public is crucial to a successful offering. How can they source a board as they get ready for the glare of the public markets? 

    The tenth deal commandment

    Avoiding accounting and auditing delays, hence costs, for newly acquired portfolio companies can be accomplished by four steps. 

    CFO hunter

    With private equity firms bigger and more complex than ever before, sophisticated chief financial officers are in high demand. No one knows this better than Clarke Murphy, the head of global private equity searches at executive recruiter Russell Reynolds. Murphy, based in New York, told David Snow recently that while investor relations professionals are probably at peak demand currently, private equity firms are on the hunt for CFOs and finance professionals who can bring a diverse mix of skills to the table. Excerpts from our conversation with Murphy are below. 

    Fair value is here to stay

    GPs are increasingly adopting or considering adopting fair value guidelines, but they want exceptions for venture capital investments, finds a new survey by the Center for Private Equity and Entrepreneurship. 

    Global disharmony

    Much of the European private equity industry has embraced the concept of valuing portfolio companies according to fair value principles. But the goal of global harmonization cannot yet be claimed 

    Under pressure

    General partners in the US who have so far escaped full compliance with FASB 157 are now feeling heat from limited partners, and from a looming ‘footnote’ rule on fair value accounting. 

    So not in the money

    Blame the IRS Code’s Section 409A for a trend that is seeing executive compensation at private equity portfolio companies fall under the fair value umbrella.

    African kingpins

    Washington, DC-based Emerging Capital Partners recently closed the largest private equity fund raised for investments in Africa, at $523 million. The firm attributes its success to its diversification strategy, and reforms in the continent. 

    Vestar bolsters resources team

    The New York-based private equity firm has brought on Chris Durbin for to help with its financial services industry vertical. 

    Winning the valuation tussle

    Resolving valuation disputes with auditors requires that GPs document their assumptions, backing them with outside expertise and historical metrics. 

    A league of their own

    In a continuing sign of private equity’s maturity, industry CIOs and IR executives have launched their own trade associations. 

    TKTKTK

    China’s new guidelines for pre-merger antitrust filings still leave many questions unanswered. 

    A question of carry

    Blackstone is finally public, which means a new set of accounting and tax considerations. The firm’s eleventh-hour rejection of SFAS 159 highlights the treacherous valuation waters that publicly traded partnerships must navigate. 

    Keys to adding value

    Value-based due diligence evaluates the target’s projected run-rate earnings and free cash flow and related key assumptions that are driving the value of the transaction. 

    Commitment shy

    Proper due diligence of pension liabilities around the world starts with acknowledging seven key facts. 

    Beyond reproach

    Enforcing the US Foreign Corrupt Practices Act (FCPA) remains a priority for several US regulatory bodies. Given the breadth of its reach, and the stiff penalties for infractions, private equity firms should know the details of the act, and any deal’s potential for violating the law. 

    Making IP pay

    Vincent Pluvinage, who leads the private equity practice at intellectual property specialist firm Intellectual Ventures, argues that too many private equity GPs fail to fully unlock the potential of their portfolio companies’ IP. 

    Knowing is half the battle

    Private equity firms frequently use background investigators in emerging markets. These risk consultants need more than just local contacts to be effective. 

    On the right track

    While most firms still have individual GPs monitor the health of portfolio companies, increasingly this is becoming a firm-wide, systematized function. 

    Der rolling stone

    Private equity lawyer Dr Geza Toth-Feher has gathered no moss in his career path. He has moved frequently among law firms and taken one break from the legal profession altogether. 

    The beat of Brazil

    Brazil’s GP Investimentos, which has raised $1 billion and counting for its fourth fund, is primed for the big leagues as it readies itself to go regional in Latin America. In its 15-year history, the firm has been through a management succession and an IPO on the Luxembourg exchange. And no one has a corner office. 

    Show 'em your cards

    When commissioning a report on the insurance risk of a potential target, private equity firms should share the deal and credit agreements with the provider as soon as possible. Otherwise, they may leave themselves open to serious liabilities. 

    Carlyle appoints new CFO

    Former Deloitte & Touche senior partner Peter Nachtwey has replaced Carlyle’s CFO of 10 years, John Harris. 

    A convenient truth

    For the second year in a row, Apax Partners has ranked the ‘friendliest’ environments for private equity around the world. The sequel finds that despite Western firms’ recent globe-trotting, the best destinations remain close to home. 

    Transparency trailblazer

    The UK private equity industry has responded to its increasingly vociferous critics with a new report which acknowledges the need for greater openness. 

    Mary, quite contrary

    A Proskauer Rose lawyer has created a rebuttal to an oft-cited carried interest tax study in the US. 

    Capitol information

    Washington’s recent inquest into carried interest tax was a hot-ticket affair. But lawmakers urged caution.