NEWS & VIEWS

Global private equity and venture capital news and research

North America

7 January 2003

ERISA Plan Assets Regulation: 15 years on $

For the past 15 years the US private equity industry has been able to structure its funds according to the Plan Assets Regulation, registering as ‘venture capital operating companies' so that they are not subject to ERISA's compliance rules. Patricia Cashman of Testa, Hurwitz and Thibeault discusses the impact of the regulation as well as suggesting improvements.

7 January 2003

Crowding out private equity: Canadian evidence $

Canada's aggregate pool of venture capital has actually been reduced rather than increased by the introduction of the Labour Sponsored Venture Capital Corporation (LSVCC), say Douglas Cumming of the University of Alberta and Jeffrey MacIntosh of the University of Toronto in this study of the Canadian venture capital industry.

17 December 2002

Sponsored spin offs: the private equity fund as anchor investor $

One way for large corporates to find private equity buyers for non-core operations may be to spin them off. Paul S Bird and Peter F G Schuur of Debevoise discuss the legal and tax issues involved in structuring such an investment opportunity.

10 December 2002

PwC US Moneytree Survey Q3 2002 $

The third quarter brought no good news for the US venture community. Investment activity fell 26 per cent on the previous quarter to its lowest level for four years, according to the latest MoneyTree Survey from PricewaterhouseCoopers/Venture Economics/National Venture Capital Association.

4 December 2002

Venture capital firms: getting the right rights $

A recent Department of Labor advisory opinion has at last clarified the ways in which venture capital firms can avoid ERISA's strict fiduciary mandates. Legal firm Palmer & Dodge explains.

26 November 2002

Total US venture capital report – Q3 2002 $

As with the previous quarter, total US venture capital funding in the third quarter 2002 continued to fall. Some 25 fewer companies raised financing rounds this quarter and there was a 35 per cent drop in the number of companies that raised $20m or more. Growthink's total US venture capital report gives an overview of the industry, highlighting the regions and sectors that have performed well this quarter.

26 November 2002

Anti money-laundering provisions $

Following months of uncertainty, the US Treasury department issued a proposed final rule on the USA Patriot Act in September that excludes certain private equity funds from the obligation to comply with the anti money-laundering requirements. Nixon Peabody explains the new proposal and what it means for private equity firms.

26 November 2002

Recent amendments to the Hart-Scott-Rodino Act $

Anyone involved in mergers and acquisitions should take note of recent developments and amendments to the Hart-Scott-Rodino Act. The Act, originally passed in 1976, has undergone recent amendments that relax pre-merger filing requirements. Heller Ehrman White & McAuliffe summarise the changes.

22 November 2002

Corporate reform hits home: Is there still a place for private equity fund managers on public company boards? $

The recently-enacted Sarbanes-Oxley Act of 2002 will have a substantial impact on the fiduciary duties of independent directors of public companies. Rufus C King of Testa, Hurwitz & Thibeault points out the problems inherent in the new burdens for fund managers considering whether or not to remain on the boards of companies they have helped to go public.

28 October 2002

Camps face off on ‘transparency’ $

Following the disclosure of UTIMCO's private equity fund performance, the San José Mercury announced that it has filed a law suit in an attempt to force Calpers to do the same. Beth Healy of The Boston Globe wonders what the upshot will be.

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