July / August 2012 Issue


    Month: July
    Year: 2012

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    Full suite systems becoming industry norm

    Larger GPs in particular are finding ways to fully integrate their front and back office systems, while the trend for smaller firms has been to at minimum include risk management and reporting to their back office functions, according to data seen exclusively by PE Manager.

    SEC loses top alternatives investigator

    The SEC has lost two of its top investigators to the private sector, including Robert Kaplan who co-headed the agency’s unit responsible for monitoring private fund managers.

    Closing the GAAP?

    The SEC has not yet made any final decision on wholly adopting international accounting standards but a long awaited working paper from the agency lists a number of requirements if the US were to do so.

    Barclay’s executive resurfaces at Apollo

    Martin Kelly has left the scandal ridden UK bank to replace outgoing Apollo chief financial officer Gene Donnelly.

    Feature: Budget under review

    More LPs are requesting a copy of the budget when negotiating management fees.

    KKR vows ‘greening’ of offices

    In its latest ESG report the global alternative assets titan said it plans to reduce the environmental impact of its New York headquarters, and then later its offices around the world.

    Day in the life: Andrea Mazzaferro

    Wonder what a typical Tuesday is like for an investment chief at a European fund of funds? Andrea Mazzaferro, vice president of investments at Advanced Capital, opens up his diary...

    Eye on the (IP) prize

    Transferring intellectual property rights to a tax-favoured jurisdiction can increase a portfolio’s cash flow and leverage write McGladrey tax advisors Bert Hawkins (pic) and Rob Schmidt.

    Integrating talent

    When assimilating new dealmakers into a firm’s culture, management teams are faced with identifying the specific needs of each recruit and other challenges. PEM explores the contrasting styles GPs use to integrate post-MBA hires.

    Q&A: Difficult transitions

    The sudden demise of a star dealmaker is always a challenging time at the firm. We ask SKCG head of employee benefits David Parker how term life insurance can mitigate the impact

    Calculating carry

    Is carried interest a profit share, or payment for a service rendered? Mariya Stefanova of Private Equity Accounting Insights sheds light on the question and other related matters in this how to guide for accountants wondering how to book carried interest arrangements

    What the LIBOR scandal means for PE

    Spillover effects from the LIBOR scandal may hit GPs in the form of greater financial regulation and stricter lending arrangements.

    A ‘waterfall’ of approval

    Unlike other sectors, private equity compensation practices are in little need of regulation as they are aligned with investors. Good news then that EU regulators are beginning to acknowledge that by cutting red tape for GPs employing a ‘European’ waterfall carried interest model.

    SEC names top NY investigator

    Ken Joseph will oversee the agency's inspection of registered private equity firms in the New York area.

    UK court case limits GPs’ reporting liabilities

    LPs may demand more granular limited partnership agreements following a UK court case that limited GPs’ obligation to disclose certain portfolio company information.

    A qualified success?

    The recent collapse of the QFLP scheme highlights regulatory tensions in China – but don’t bet against it being revived at some point. Jeremy Hazlehurst reports.

    AIFM: In or out?

    Smaller firms able to escape the EU’s game changing Alternative Investment Fund Managers Directive have many options to consider from a structuring and regulatory arbitrage perspective, advises Bovill’s Ben Blackett-Ord.

    FATCA sparks culture clash with Asia GPs

    Asian trade groups view compliance with FATCA as a major challenge due to cultural differences and variations in existing local laws, according to comment letters to US tax authorities.

    Q&A: Giving credit where credit is due

    When analysing the changes in portfolio company value, most GPs are content to measure changes in EBITDA, valuation multiple, and leverage. But if willing to dig deeper, firms may be able to tell investors a more compelling story around their value-add work. Here we ask Duff & Phelps managing director PJ Viscio to give us the details.

    Finding fiduciary balance

    For practical reasons GPs have long enjoyed the ability to draft ‘fiduciary-lite’ partnership agreements. But not all LPs are fans of the practice.

    Brazil merger reforms deemed ‘burdensome’

    Lengthy review periods and exhaustive notification forms will increase the difficulty of closing deals in Brazil, according to legal sources.

    What's your age discrimination risk?

    GPs’ potential litigation exposure has jumped following reforms to US age discrimination laws. That means more homework needs to be completed before making certain hiring decisions or assigning bonuses.

    Managing departures

    Avoiding an investor relations nightmare is just one of many factors to consider when parting company with a disgruntled partner.

    The Obama risk

    President Obama’s first attack on private equity has largely fallen flat. But that’s no reason for the industry to ease off on its lobbying efforts.

    Brand conscious

    Building a brand can increase visibility with investors, dealmakers and job seekers.

    SEC delays pay-to-play provision

    The markets watchdog has pushed back implementation of its 'solicitor restriction' rule while making a technical correction to its definition of 'covered associates'.

    Clarity sought in PE rulemaking

    From ‘Form PF’ to FATCA, private equity firms have a seemingly endless stream of regulations by which they soon must comply. How to prepare for these requirements, which in some cases lack final language and clarification, can be a source of concern.

    India codifies PE rules

    To the delight of GPs, India's regulators have unveiled a comprehensive framework for the country's alternative assets industry.

    Norway clamps down on carry

    The Norwegian tax authority will class carried interest as standard income, in effect increasing the amount GPs in the region will pay to the taxman.

    UK carbon law undergoes welcomed reforms

    Proposals to the UK’s CRC scheme will mean fund managers can more easily separate carbon reduction liabilities amongst portfolio companies, but the bureaucracy of the scheme for complex structures like private equity funds is still leaving room for concern.