July / August 2009 Issue


    Month: July
    Year: 2009

    Back to Print Editions

    Valuation Challenge: 'Challenges outside of FAS 157'

    CONTESTANT: Tim Cummins, Managing Director, Valuation & Financial Opinions Group, Stout Risius Ross. Is it safe to assume that remaining issues related to valuation of private equity investments are more straightforward and require less investigation?

    Budgeting for regulation

    How much will registration as an investment advisor cost US private equity firms? Got $280,000 lying around?

    Preparing for the inevitable

    Registration as an investment advisor: your clients will demand it; Congress may soon require it. Here's what you should be doing now. By Robert Rabinowitz of Becker & Poliakoff

    Playing it safe

    In the wake of the New York State Common Retirement Fund revelations, should US private equity firms register their in-house IR people as broker-dealers?

    Closing the borders

    Proposed EU regulations may block some funds from doing business in Europe while giving others a leg up on their locally based competitors.

    A modest proposal

    A $30 million AUM threshold proposed by the Obama administration would likely force nearly all private equity firms to register as investment advisers.

    Regulation will spur outsourcing

    Firms looking for outsourced service providers should asses their abilities to address upcoming regulations.

    Cuomo vs. EVCA

    New York’s attorney general and the European Private Equity and Venture Capital Association have both released codes of conduct for placement agents. How do the two codes compare?

    French courts call PE a 'co-employer'

    Private equity firms looking to sell French assets are at greater risk of having to pay damages arising from difficulties after a deal.

    Turn off the lights

    A new UK environmental proposal could result in a number of money- and time-consuming headaches for some private equity funds.

    Offshore confusion

    After the IRS’s recent ‘clarification’ of an offshore registration requirement, private equity investors are scrambling to file new disclosure forms on time.

    Shanghai (pleasant) surprise

    Foreign private equity firms will now be able to establish wholly-owned subsidiaries or joint ventures in Shanghai, as part of new rules that were enacted last month.

    Bank buyers beware

    New FDIC rules for private equity syndicates investing in banks would not only dampen returns, but would also burden the new owners with legal headaches.

    US Treasury announces RIA threshold

    Have more than $30 million in assets under management? Get ready to register.

    Earnout aggravation

    Changes to the US accounting rules for earnouts throw yet another fair value challenge at private equity CFOs

    Banking talent acquisition and retention for private equity

    For private equity firms looking to invest in banks, these lessons in attracting portfolio company executives are critical. By Robert Voth of CTPartners

    Good news – PEM has expanded

    Reading over our recent headlines, I’m struck that we’re somewhat heavy on the “here’s how to manage through this new headache” analysis. Well here’s some altogether positive content: the new Private Equity Manager represents a major upgrade.

    The secondaries price is right

    As the divergence between bid-ask spreads continues to hamper the secondaries market, a recent PEI conference panel looked at how people are valuing typical venture and buyout funds.

    Living with FAS 157

    Last year for the first time US private equity and venture capital firms were required to comply with Financial Accounting Standards Board Statement No. 157, Fair Value Measurements (FAS 157). Three CFOs from the venture capital community and two valuation professionals from KPMG LLP (US) recently gathered in San Francisco to discuss lessons learned from their initial run through the process. Jennifer Harris reports on the exchange.

    Don’t dawdle

    New FASB guidelines will put pressure on US GPs to more quickly determine NAV in order to satisfy their limited partners.

    France facilitating debt buybacks

    A new tax change in France could change the debt-equity balance in the wake of difficulties caused by large LBOs.

    Lob and volley

    As private equity lobbyists gear up for a fight over new EU regulations, certain proposals will attract intense scrutiny.

    Israel gives foreign PE investors tax break

    The Jewish state currently taxes the profits of foreign investments in private equity funds at a rate of 15 percent and 25 percent for individuals and corporations respectively

    Investcorp axes COO role

    Gary Long has departed from the firm after 15 years as Investcorp looks to streamline management and cut costs.

    Comments welcome

    Changes planned to the International Private Equity Valuation Guidelines should help clear up confusion over valuing investments.

    The best IR that money can buy

    How do you structure compensation for an investor relations professional?

    Supreme challenge for Sarb-Ox

    The Sarbanes Oxley Act of 2002 has long been a headache for PE firms who need to prep their portfolio companies for initial public offerings. Could a challenge to the constitutionality of its oversight board s eriously threaten that act’s existence?

    Open for business (Editor's Letter)

    Private equity will emerge from the current downturn a transformed industry in many respects.