Analysis/Regulation
From self- to over-regulation
Dr Markus Schackmann and Dr Angelika Yates of Luther examine the proposed EU Directive on Alternative Investment Fund Managers and its expected impact on the German private equity industry
Ram-shackled
Following the hostile response to the EU Commission's proposed Alternative Investment Fund Managers Directive by private equity trade bodies, unquote" invited five prominent lawyers to share their views on the impact the new legislation could have on...
Commission proposals: a "lucky escape"?
After the storm that followed the launch of the EU Commission's proposal for an Alternative Investment Fund Managers Directive the full text has finally been released, with one prominent lawyer describing the private equity industry as having had "a lucky...
German protectionism
New legislative amendments in Germany designed to safeguard national businesses present a potential problem for private equity, writes Mareen Goebel
Insolvency legislation: adapting to change
The difficult economic outlook has prompted a series of changes to European insolvency laws, but are they sufficient? Charles Noel-Johnson of Close Brothers gives his insight.
The cost of protection
The UK Government's asset protection scheme is designed to boost confidence in the banking sector, but its restrictions may adversely impact private equity houses looking to restructure portfolio company debt. Ashley Wassall reports
Austria - Frankenstein legislation
Austrian private equity's economic woes are exacerbated by ill-suited legislation, hindering the industry from playing its beneficial role due to cumbersome regulation. Mareen Goebel reports
Lessons in Putinomics
Recent events refute the decoupling theory. By Taraneh Ghajar
Taxing issues
At a time of capital dearth and panic in investment communities across the world, the DVCA calls for a more stable investment environment for private equity in Denmark. Could their proposed tax package be the solution? Rikke Lilla Eckhoff finds out
SICAR amendments are good news for GPs
In October 2008, Luxembourg's dedicated regime for private equity funds was updated. The possibility to create subfunds and the significant enhancement of the Luxembourg Limited Partnership are the two key innovations
The value of 'fair value'
Private equity firms are facing a difficult and potentially painful year-end accounting process as they adapt to the increasing requirements of fair value reporting, but there could be rewards in store for those that meet the challenge. By Ashley Wassall
Nordics score below par in study on tax and legal environment
In the fourth benchmarking study of European tax and legal environments, Sweden, Finland and Norway all score below the European average. Of the Nordic countries, only Denmark scored above the average
Private equity and the new conflicts duty in the UK
David Bresnick of CMS Cameron McKenna examines the new conflict of interest regime under the updated UK Companies Act and its potential impact on private equity-backed companies
Politicking
Following the conflict between UK trade unions and private equity firms last year, and the subsequent negative media attention, came the recognition by the private equity community that it needed to engage with a wider stakeholder base. This should begin...
Doing deals
A number of high-profile litigation cases in the US have brought the spotlight firmly onto private equity deal structures, but how are transactions on this side of the Atlantic fairing? Ashley Wassall investigates
MiFID changes the rules in France
Francois Rowell talks to George Pinkham of SJ Berwin about the technicalities of the MiFID's transposition into French law and what this means for French private equity
Relaxing taxes
In January 2006, Finnish tax law was relaxed in order to attract foreign investors to Finland. But the Finnish track record still is not good enough to attract capital, with few international investors investing in Finnish funds. It is hoped that Further...
FOIA and disclosure: media hype or genuine concern?
On 1 January 2005, the UK’s Freedom of Information Act that was originally passed in 2000 came into full effect. Immediately it has opened up the disclosure debate amongst practitioners in the private equity industry. Arguments abound as to the implications...