NEWS & VIEWS

Global private equity and venture capital news and research

North America

28 June 2002

2001 IPO market review $

The IPO market was sluggish throughout 2001 in the face of unreceptive capital markets, cautious investors and economic recession. The 91 IPOs in 2001 formed the lowest annual total since the 62 IPOs in 1979. With no IPOs between August and early October, September 2001 was the first month since 1975 without a single new offering. But what is the outlook for the rest of 2002, ask Hale & Dorr.

28 June 2002

Venture financing and the Hart-Scott-Rodino Act $

Venture capital investors should be aware that they may be required to comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 in venture financing transactions. Whether a particular transaction is subject to the Act will depend on the facts of the transaction. Richard Kimball of Hale & Dorr looks at the implications of the Act.

28 June 2002

Private equity investment in Mexico $

For Mexican companies, private equity investment often represents an attractive source of capital. Mayer Brown Rowe & Maw provides an overview of the Mexican market for investors looking to commit outside the more traditional US and European markets.

25 June 2002

The numbers underscore just how bleak the IPO market is $

Two years ago the Nasdaq imploded and venture capitalists have found little room for optimism since. Beth Healy of The Boston Globe examines the decline of the stock markets and assesses the impact that this is having on exits.

25 June 2002

US: Focus on fundamentals $

Nowhere has the global rise of the biotechnology sector been more apparent than in the US. Indeed, investors are now positively embracing the sector. Scott Morrison of Ernst & Young addresses the rise of life sciences and discusses what the future may hold.

24 June 2002

Canada’s venture capital industry in Q1 2002 $

With forecasts of a more robust economy on the horizon, Canada's venture capital industry nonetheless began 2002 on a cautious footing. In the first quarter, the industry invested $785m to 187 Canadian companies, down 14 per cent from the $907m disbursed in Q1 2001, according to figures from Macdonald Associates.

17 June 2002

Bigger isn’t necessarily better, so firms look to cut fund size $

With a reduction in investment opportunities for private equity funds, limited partners are becoming more wary of committing capital to the larger, billion-dollar funds. Beth Healy of The Boston Globe examines how fund managers are addressing this problem.

14 June 2002

To be or not to be . . . an SBIC $

Originally set up to expand the amount of capital available to US business, the SBIC structure has recently become popular among venture capitalists. The scheme may help VCs raise sufficient capital, but it does contain some pitfalls for fund managers and investors alike say Heather M Stone and Joseph A Hugg of Testa, Hurwitz & Thibeault.

14 June 2002

Tax considerations in structuring US-based private equity funds $

When forming a US-based private equity fund, fund managers must address tax and other structuring issues. Patrick Fenn and David Goldstein of Akin, Gump, Strauss, Hauer & Feld examine the investor-level tax issues that managers face when deciding which type of structure to use and in which jurisdiction the fund should be domiciled.

14 June 2002

‘PFIC’ means potential taxes on foreign investments $

US private equity funds and foreign private equity funds with US investors frequently invest in portfolio companies organised outside the United States. Among the many challenges faced by funds investing in foreign corporations, the US passive foreign investment company (PFIC) tax rules can have a significant impact on investment returns. William J Corcoran, Michael J Sutton of Testa, Hurwitz & Thibeault offer some guidance.

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