March 2010 Issue
Revealing rumours
False rumours that Affinity plans to raise Fund IV this year indicate some positive things for Asia's private equity industry.
South Korea easing PE rules
The country is seeking to become more aligned with global standards regarding private equity fund establishment and operation, although US firms still may be hit with a new capital gains tax on exits.
Distressing disclosures
A proposed amendment to US bankruptcy rules that will be debated on Friday could force ad hoc committees of distressed investors to reveal sensitive information in bankruptcy court.
UK GAAP convergence would increase PE burdens
The UK’s Accounting Standards Board is reviewing industry feedback to proposed changes to the country’s generally accepted accounting principles, which if implemented would mean more reporting and disclosure work by private equity and venture capital managers.
Spain's latest AIFM draft reinstates regulatory 'fortress'
A controversial provision that was removed from the AIFM Directive when Sweden held the EU presidency has been reinstated by Spain - prompting criticism from the Alternative Investment Management Association.
California firms ban placement agents
Ares Management and Freeman Spogli & Co. have signed on to New York Attorney General Andrew Cuomo’s code of conduct which prohibits the use of placement agents, in relation to fees they paid to Wetherly Capital which were used to illegally secure investments from a New York pension fund.
How to create a compliance manual
Registering as an investment advisor? Here's what you have to know before drafting a compliance manual.
Cure for what ails you
Equity cures have become a popular mechanism for firms seeking to buy time for struggling portfolio companies, but those hoping to utilise them should expect to put up more money to reassure reluctant lenders.
IASB relaxing stance on convergence?
The International Accounting Standards Board made statements in a recent review of its constitution that seemed to indicate that convergence was no longer its top priority.
ILPA: The guidelines heard around the property world
Though the Institutional Limited Partners Association (ILPA) principles were written with private equity in mind, the guidelines may begin to influence real estate fund terms.
CalPERS eyes ‘unique’ vehicles
With some $22bn in uncalled commitments, the California pension will work to enter customised, low-fee partnerships and co-investment vehicles with select GPs.
Blackstone lowers carry on infra fund to 10%
After a difficult first close on $200 million, the firm has decided to amend the terms of its debut infrastructure fund even further from the traditional 2-and-20 private equity model.
US bank-backed private equity arms have to ‘stand alone’
Giving evidence to the US Senate Banking Committee, ex-Fed Reserve chairman Paul Volcker tells banks to choose between being bank holding companies and housing private equity and private equity real estate platforms.
UK told to oppose Euro private equity clampdown
Lawmakers in the UK have urged the British government to reject European proposals for wide-ranging regulation of the alternative funds universe as they currently stand, especially if there is no comparable legislation in the US.
Bloomberg to withdraw $5bn from Quadrangle
Two years after the media-focused private equity firm set up a new unit to manage a portion of the New York City mayor’s personal fortune, the team managing Mayor Bloomberg’s account will spin out.
IRS issues guidance on deferred comp tax
The new guidance, along with a grace period during which employers can fix documentation errors, signals a new focus on deferred compensation structures – including many popular structures used by private equity GPs.
Get your data in order
New data security rules for business in the US state of Massachusetts go into effect on 1 March. Here’s what you need to know to prepare.
KKR sheds light on IPO plans
During its 2009 earnings call Kohlberg Kravis Roberts shared its outlook on fee structures, fundraising efforts, and plans for an IPO on the New York Stock Exchange.
Banning Facebook
For registered investment advisors, the question of how employees can use social networks at the office is a tricky one.
Good karma
KKR and Abraaj Capital are both stepping up their efforts to improve their public image.
Dividend recap rush
Thinking of doing a dividend recap? You’d better do it this year: a 2001 tax cut for dividend recaps expires at the end of 2010.
Q&A: Green in Brazil
PEM spoke with Álvaro Gonçalves of São Paulo-based Stratus Group about his firm's environmental, social and governance procedures and standards.
Lessons from the fundraising trail
Closing a fund was practically a herculean task in 2009. PEM gleaned key lessons from GPs and placement agents who successfully managed such feats in 2009.
A future for fundraisers (Editor's letter)
Don't start the funeral for placement agents yet.
Valuation Challenge: 'How patent vulnerability impacts valuation
David Wanetick of valuation firm IncreMental Advantage explains the intricacies of valuing patents.
SEC to FINRA: 'Consider crafting' placement agent rules
In a letter to the CEO of FINRA dated 18 December 2009, obtained by PEM, the director of the SEC's division of investment management said the SEC might create an exception to the ban for registered broker-dealers acting as legitimate placement agents, if FINRA can implement rules that would prohibit pay-to-play practices. Read the full text of the letter.