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Author: Timothy Spangler
Publisher: OUP Oxford
ISBN: 0191635235
Category : Law
Languages : en
Pages : 413
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Book Description
The new edition of The Law of Private Investment Funds offers a practical analysis of the legal and regulatory issues that arise in connection with the structuring, formation, and operation of private investment funds, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles. The book provides a unique analysis of these funds on a pan-asset class basis, as well as from a US, UK, and European perspective. The themes of investor protection and fiduciary challenge are considered in the context of the various sources available for investor protection including the substantive rights and obligations under general law, and voluntary and statutory rights of regulation. The author considers the various aspects of running private investment funds against the backdrop of regulation and investor protection. Issues such as structuring and launching, and marketing private investment funds are considered in full. The author also looks at the governance challenge where limited partnerships and offshore companies are concerned. The book identifies governance as a key issue for private investment fund participants and discusses in depth several ways in which managers and fund participants can improve the governance of their funds. In addition it analyses the consequences and impact of the recent global financial crisis on private funds, and the response of the US, UK, and European regulators. The new edition includes increased coverage of best practice and industry guidelines, including the ILPA Guidelines for private equity funds, and the MFA's Best Practices for hedge funds. It also provides discussion of new regulatory regimes in the US and EU, including the Dodd Frank Act and AIFMD.
Author: Timothy Spangler
Publisher: OUP Oxford
ISBN: 0191635235
Category : Law
Languages : en
Pages : 413
Get Book Here
Book Description
The new edition of The Law of Private Investment Funds offers a practical analysis of the legal and regulatory issues that arise in connection with the structuring, formation, and operation of private investment funds, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles. The book provides a unique analysis of these funds on a pan-asset class basis, as well as from a US, UK, and European perspective. The themes of investor protection and fiduciary challenge are considered in the context of the various sources available for investor protection including the substantive rights and obligations under general law, and voluntary and statutory rights of regulation. The author considers the various aspects of running private investment funds against the backdrop of regulation and investor protection. Issues such as structuring and launching, and marketing private investment funds are considered in full. The author also looks at the governance challenge where limited partnerships and offshore companies are concerned. The book identifies governance as a key issue for private investment fund participants and discusses in depth several ways in which managers and fund participants can improve the governance of their funds. In addition it analyses the consequences and impact of the recent global financial crisis on private funds, and the response of the US, UK, and European regulators. The new edition includes increased coverage of best practice and industry guidelines, including the ILPA Guidelines for private equity funds, and the MFA's Best Practices for hedge funds. It also provides discussion of new regulatory regimes in the US and EU, including the Dodd Frank Act and AIFMD.
Author: James M. Schell
Publisher: Law Journal Press
ISBN: 9781588520883
Category : Business & Economics
Languages : en
Pages : 864
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Book Description
"The best guide to private equity funds. Insight and explanations for both fund sponsors and investors. The gold standard." --Andrew Zalasin, General Partner and CFO: RRE Ventures Best Practices for Organizing and Managing a Fund With nearly $7 trillion invested in more than 20,000 funds, investor interest in the private equity industry has returned, despite the economic turmoil of recent years. Still, guidance about the organization and administration of these funds is tough to find. This 1,400+ page resource, will equip corporate lawyers, investment professionals, and tax practitioners and with best practices to manage these funds effectively. Private Equity Funds: Business Structure and Operations covers a wide range of important issues, such as: the key economic differences between various types of funds; structuring the private equity fund to meet economic expectations and investment goals; securing maximum tax benefits for the sponsor of the fund; duties of the fund's General Partner and Investment Advisor; the major regulatory issues affecting the private equity fund; and much more. Private Equity Funds: Business Structure and Operations reflects the aftermath of the financial crisis of 2007 to 2009. The authors also focus on cyber risk and the compliance obligations of investment advisers.
Author: Darryl J. Cooke
Publisher: Sweet & Maxwell
ISBN: 0414041666
Category : Business & Economics
Languages : en
Pages : 487
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Book Description
"Explaining clearly the law and current practice of private equity transactions, this new edition of Private Equity: Law and Practice offers advice and information relevant to private equity investors, companies seeking funds, those financing deals and managers wishing to buy out a company.
Author: Geoff Yates
Publisher: Cambridge University Press
ISBN: 1139484192
Category : Law
Languages : en
Pages :
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Book Description
This overview of a complex and often misunderstood subject takes the reader through the issues that are faced throughout the life cycle of a private equity investment, from the identification of an opportunity, through the various stages of the transaction and the lifetime of the investment, to the eventual exit by the investor. The analysis of key documentation and legal issues covers company law, employment law, pensions, taxation, debt funding and competition law, taking into account recent legal developments such as the Companies Act 2006, the recent emergence of private equity in the UK and the challenges faced by the industry as a result of the financial crisis.
Author: Douglas Cumming
Publisher: OUP USA
ISBN: 0195391586
Category : Business & Economics
Languages : en
Pages : 769
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Book Description
This Handbook provides a comprehensive picture of the issues surrounding the structure, governance, and performance of private equity.
Author: Aspatore Books Staff
Publisher:
ISBN: 9781596222670
Category : Business & Economics
Languages : en
Pages : 146
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Book Description
Private Equity Laws is an authoritative, incisive collection of insider perspectives on the dynamic and innovative forefront of the laws that govern investments, negotiations, and funding within the fields of private equity and venture capital. Featuring group chairs and partners, all representing some of the nation's top firms, this book discusses the current shape and future state of the private equity field. These leading lawyers share their insight on globalization, investment strategies, claw-back provisions, fundraising, conducting successful fund negotiations, and more. Additionally, these authors offer practical guidance for the individual private equity investor or venture capitalist, elaborating on such laws as Sarbanes Oxely, The Investment Company Act, The Securities Act of 1933, The Investment Advisors Act, and other general tax laws that commonly intersect with private equity practices.
Author: Douglas Cumming
Publisher: John Wiley and Sons
ISBN: 0470579552
Category : Business & Economics
Languages : en
Pages : 628
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Book Description
A comprehensive look at the private equity arena With private equity differing from other asset classes, it requires a whole new approach for those trained in more traditional investments such as stocks and bonds. But with the right guidance, you can gain a firm understanding of everything private equity has to offer. This reliable resource provides a comprehensive view of private equity by describing the current state of research and best practices in this arena. Issues addressed include the structure of private equity funds and fundraising, the financial and real returns of private equity, and the structure of private equity investments with investees, to name a few. Discusses the role of private equity in today's financial environment Provides international perspectives on private equity Details the regulation of private equity markets Filled with in-depth insights and expert advice, this book will provide you with a better understanding of private equity structures and put you in a better position to measure and analyze their performance.
Author: Eileen Appelbaum
Publisher: Russell Sage Foundation
ISBN: 1610448189
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
Private equity firms have long been at the center of public debates on the impact of the financial sector on Main Street companies. Are these firms financial innovators that save failing businesses or financial predators that bankrupt otherwise healthy companies and destroy jobs? The first comprehensive examination of this topic, Private Equity at Work provides a detailed yet accessible guide to this controversial business model. Economist Eileen Appelbaum and Professor Rosemary Batt carefully evaluate the evidence—including original case studies and interviews, legal documents, bankruptcy proceedings, media coverage, and existing academic scholarship—to demonstrate the effects of private equity on American businesses and workers. They document that while private equity firms have had positive effects on the operations and growth of small and mid-sized companies and in turning around failing companies, the interventions of private equity more often than not lead to significant negative consequences for many businesses and workers. Prior research on private equity has focused almost exclusively on the financial performance of private equity funds and the returns to their investors. Private Equity at Work provides a new roadmap to the largely hidden internal operations of these firms, showing how their business strategies disproportionately benefit the partners in private equity firms at the expense of other stakeholders and taxpayers. In the 1980s, leveraged buyouts by private equity firms saw high returns and were widely considered the solution to corporate wastefulness and mismanagement. And since 2000, nearly 11,500 companies—representing almost 8 million employees—have been purchased by private equity firms. As their role in the economy has increased, they have come under fire from labor unions and community advocates who argue that the proliferation of leveraged buyouts destroys jobs, causes wages to stagnate, saddles otherwise healthy companies with debt, and leads to subsidies from taxpayers. Appelbaum and Batt show that private equity firms’ financial strategies are designed to extract maximum value from the companies they buy and sell, often to the detriment of those companies and their employees and suppliers. Their risky decisions include buying companies and extracting dividends by loading them with high levels of debt and selling assets. These actions often lead to financial distress and a disproportionate focus on cost-cutting, outsourcing, and wage and benefit losses for workers, especially if they are unionized. Because the law views private equity firms as investors rather than employers, private equity owners are not held accountable for their actions in ways that public corporations are. And their actions are not transparent because private equity owned companies are not regulated by the Securities and Exchange Commission. Thus, any debts or costs of bankruptcy incurred fall on businesses owned by private equity and their workers, not the private equity firms that govern them. For employees this often means loss of jobs, health and pension benefits, and retirement income. Appelbaum and Batt conclude with a set of policy recommendations intended to curb the negative effects of private equity while preserving its constructive role in the economy. These include policies to improve transparency and accountability, as well as changes that would reduce the excessive use of financial engineering strategies by firms. A groundbreaking analysis of a hotly contested business model, Private Equity at Work provides an unprecedented analysis of the little-understood inner workings of private equity and of the effects of leveraged buyouts on American companies and workers. This important new work will be a valuable resource for scholars, policymakers, and the informed public alike.
Author: Simon Witney
Publisher: Cambridge University Press
ISBN: 1108627668
Category : Law
Languages : en
Pages : 241
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Book Description
Private equity-backed companies are ubiquitous and economically significant. Consequently, the corporate governance of these companies matters to all of us, and – not surprisingly – is coming under increasing scrutiny. Simon Witney, a practicing private equity lawyer, positions private equity portfolio companies within existing academic theory and examines the laws that apply to them in the UK. He analyses the actual governance frameworks that are put in place and identifies problems created by the legal rules – as well as the market's solutions to them. This book not only explains why these governance mechanisms are established, but also what they are expected to achieve. Witney suggests that private equity owners have both the incentives and the capability to focus on responsible investment practices. Good governance, he argues, is a critical success factor for the private equity industry.
Author:
Publisher: Aspatore Books
ISBN: 9780314274168
Category : Law
Languages : en
Pages : 153
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Book Description
Tax Law Developments Affecting Private Equity and Venture Capital provides an authoritative, insider's perspective on the recent trends and proposed tax law changes impacting private equity and venture capital funds, investors, and advisors. Featuring partners from some of the nation's leading law firms, these experts guide the reader through the intricacies of tax law and the strategies lawyers can use to help their clients maintain a competitive edge while avoiding liability. From carried interest legislation to deferred consideration regulations, these leaders discuss both new and proposed tax law changes and the potential effects on the structuring and administration of funds and their portfolio companies. These top lawyers give tips on understanding compliance requirements, addressing clients' existing tax structures, and working with new IRS regulations. Additionally, these leaders discuss the influence of the turbulent economy on tax legislation and how to keep clients up-to-date. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these expert attorneys provide key insights on success in this ever-changing area of law.
