October 2012 Issue


    Month: October
    Year: 2012

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    ILPA’s hits and misses

    Endorsing best practice principles pushed by LPs is one thing; but actually incorporating the principles into fund documents has proven to be something else.

    Assigning liability

    Preserving the ‘limited’ in limited partner and defining who is responsible for any losses resulting from an inaccurate subscription form are needed to manage certain legal risks says private funds lawyer James Gee.

    Fundraising: An inspirational tale

    Word is that China-focused FountainVest has collected more than $1bn for its second fund – helped by an unusual pitch presentation earlier this year. Fundraising GPs should take note

    Day in the life: Béla Schwartz

    Several times a year The Riverside Company's chief financial officer, Béla Schwartz, will fly from New York to visit his firm’s co-headquarters in Cleveland. As detailed in his most recent visit, face to face meetings with colleagues are an irreplaceable function of any well-oiled private equity firm with multiple offices

    Q&A: Consolidating factors

    Market forces are expected to shape a more sophisticated fund administration market dominated by fewer players that can offer GPs economies of scale, says Citigroup's head of (EMEA) private equity services Kamran Anwar.

    Fund lawyers on the move

    US law firms have been luring fund specialists away from European rivals as they look to establish a greater foothold in the region. But don’t write off the old guard yet. Claire Coe Smith reports

    With great information comes great power

    Nifty software tools that track which LPs click on shared documents can help GPs in their investor relations strategy.

    Getting ‘Reg D’ right

    Kudos to the SEC for its plan to take more public feedback on its Regulation D rulemaking. But with more time requested to lift the general solicitation ban on private funds, the SEC should reward stakeholders’ patience with a clearer picture of how the rule will work in practice.

    Co-investments: Identifying the risks

    Most GPs now accept that a majority of LPs seek co-investment opportunities. Unfortunately, that acceptance will not come without its legal and operational risks.

    UAE finalises marketing regime

    Firms that want to market to LPs in the United Arab Emirates must now use local promoters or obtain marketing approval from local authorities.

    'Consultations' with LPs a source of risk

    Private equity firms should be aware of unlicensed brokers when seeking investment opportunities.

    UK considers its own FATCA bill

    A UK government committee recommended sovereigns pass their own versions of the controversial US Foreign Account Tax Compliance Act.

    Luxembourg submits draft AIFM bill

    The popular EU fund domicile has submitted a draft AIFM bill that would reform its partnership law, clarify the tax treatment of carried interest and modify the country’s available fund structures.

    GPs challenged on ESG reporting

    Sustainability group BSR is calling for more collaboration within the private equity industry to address 'inadequate' ESG reporting.

    Legislation could increase SEC fines

    Fines for securities law violations could be capped at $1m for individuals and $10m for financial firms if a senate bill passes congress.