September 2013 Issue


    Month: September
    Year: 2013

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    SEC provides welcomed clarity on custody rule

    GPs can avoid the cost of storing private stock certificates and partnership agreements with a custodian, the SEC said in heavily sought guidance.

    GPs given more time to prepare for FATCA

    With private equity firms in 'different places' with respect to FATCA readiness, a deadline extension on when certain non-US firms must register with US tax authorities is good news for the industry.

    Study: Only top GPs worth their fees

    Top quartile GPs outperform public markets, fresh research shows, but when looking at averages across the industry, gross private equity returns are on par with public markets.

    'Two-step' mergers made easier

    Acquiring a target company with an upfront tender offer followed by a back-end merger has been made easier following recent Delaware corporate law changes.

    Former SEC chief accountant resurfaces at FASB

    The lead person responsible for deciding the fate of US and international accounting standards converging in years past will join the FASB this fall.

    AIFMD sparks hiring spree

    GPs are bolstering their back office staff in order to meet the requirements of the AIFMD and avoid reputational risk for non-compliance.

    AIFMD known unknowns

    The AIFMD came into effect last week, but GPs subject to the directive are still operating under a great degree of regulatory uncertainty.

    Sizing up soft skills

    GPs should consider incorporating more behavioral-based interview questions during the recruitment process.

    You might be a business if…

    Five ways your private fund could be on the hook for a portfolio company’s unfunded pension liabilities.

    Broker in disguise?

    Pepper Hamiltion partners Christopher Rossi and Gregory Nowak are challenged to answer when a private equity firm might need to register as a broker-dealer.

    GPs advised to mull AIFMD insurance option

    The requirements of the AIFMD’s professional indemnity insurance provision haven’t received many column inches, but the rule requires significant contemplation on the part of private equity professionals.

    The new SEC golden rule

    It is important to Know Thy Self (KTS) as well as Know Your Client (KYC) write Mark Heil, business development, and Jolanta Pastula, investor relations, of PEF Services

    Can GPs find great deals online?

    Deal sourcing platforms are growing in popularity, especially in the US – but will they ever supplant the time-honored ‘shoe leather’ approach? Dave Waller reports.

    Q&A: Auditing your valuation policy

    A robust valuation policy can be a signal to regulators that your firm is serious about recordkeeping, documentation and adherence to internal controls. Tom Angell of Rothstein Kass gives the auditor’s perspective on how GPs can impress SEC inspectors

    Presenting the numbers

    A rundown of how to prepare the fund financial statement under US GAAP is provided by industry accounting expert Mariya Stefanova

    Hope in sight for less disclosure notes

    Following complaints from CFOs that financial statements have become bloated with disclosure notes, standard setters have set out to address their concerns.

    LPs join call for fair value guidance

    Auditors’ tough approach to fair value estimates has LPs worried their fund managers are spending too much time and resources on portfolio valuations.