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Regulatory update

Compliance calendar

Need to know dates for your diary as UK rules diverge post-Brexit, as well as upcoming key European regulations

European Commission puts AIFMD and ELTIF under review

The legislative proposals adopted include clarification on delegation rules

Kirkland & Ellis appoints Cox

Alexander Cox joins K&E's tax practice from Ashurst

Comment: New tax regime for UK asset holding companies

Ropes & Gray partner Brenda Coleman and associate Tim Waters detail the latest development for the UK funds industry

Profile: Jon Fredrik Vassengen, Argentum

The manager and compliance officer discusses how the fund-of-fund determines ESG criteria and the challenges of collecting quantitative ESG data

Taxation of partners: Changes expected

Alex Conway of Crowe UK details expected changes as to how partners will be taxed following the government’s current consultation

IPEM 2021: PE is ready

Claire Chabrier, president of France Invest discusses how the Covid pandemic has accelerated innovation, climate issues and social responsibility

Get ready for the new investment firms prudential regime

PE houses must familiarise themselves with the new requirements and ensure their forecasting practices are up to standard, writes Karen Allan of Haysmacintyre

Domicile watch: July 2021

Key takeaways from the major PE domiciles: including Denmark's ranking as most business-friendly domicile, increased fund fees for Jersey and Guernsey's proposal for increasing fees

EU delays SFDR application date

SFDR application has moved from 1 January 2022 to 1 July 2022 to ensure a smooth implementation of the standards

Lack of standardisation biggest threat to ESG

“Without one standardised framework for reporting standards, we will continue to see firms mixing and matching various guidelines, hindering long-term process in the area.”

A guide to Germany’s new pre-marketing rules

New pre-marketing obligations for German AIFs come into force this August, with a distinctive German twist

Domicile watch: June 2021

Key takeaways from the major PE domiciles: including Guernsey's updated code of corporate governance, Luxembourg's FAQ on MiFID application and Cyprus' new form related to cross-border activities

FCA proposes climate-related disclosures

The proposals aim to increase transparency while enabling clients to make considered choices while remaining proportionate for firms

LPs increasingly concerned by tax and regulatory changes

43% of LPs identified regulatory changes as the greatest risk to PE returns

Investcorp delists

The GP will delist from the Bahrain Bourse and become a closed shareholding company

WATCH: What do LPs do with all the data?

A recent webinar discussion explored the way in which data is being communicated, how technology is helping both GPs and LPs, and what LPs are doing with all the information

LISTEN: Do we even need standardisation? Episode 2

The second instalment of a recent podcast discussion examined industry body reporting efforts, and asked if standardised reporting is still necessary?

LISTEN: Do we even need standardisation? Episode 1

A recent podcast discussion explored technological advances in data transmission, and asked if standardised reporting is still necessary?

Green washing up

The SFDR aims to combat greenwashing, but what is actually expected from PE firms, and what do the new rules mean for operational leaders?

A guide to continuation funds

Jeffrey Bronheim, Daniel Mathias and James Mossetto of Cohen & Gresser detail key documentation considerations in where conflicts of interest may potentially arise, and why this trend is likely to continue

Protecting and enhancing value: Managing human rights risks across your portfolio

Sam Eastwood, James Ford, and Libby Reynolds of Mayer Brown predict greater focus on human rights due diligence processes

SFDR comes into effect

SFDR imposes new transparency obligations and periodic reporting requirements on financial market participants

Deeper Perspective: The UK Funds Regime

Benjamin Lamping, founder of Reframe Capital asks: Are we at risk of missing a potential watershed moment for the UK funds industry, and a genuine post-Brexit opportunity?

Domicile watch: February 2021

Key takeaways from the major PE domiciles: including Jersey's recommendations to adapt its framework, Guernsey's latest guidance on cyber security and countering financial crime and terrorist financing, as well as Luxembourg's response to OpenLux

Private equity and the trade and cooperation agreement

Brexit has shifted from political to economic, causing widespread disruption for private equity, writes Denzil Davidson of Global Counsel

GAAP in Lux

Avega Capital Management’s Nic Mueller discusses why the Grand Duchy’s new interpretation of accounting standards is important for private equity funds

Tangled up

Despite reaching a deal, the UK's departure from the EU leaves private equity firms caught up in an intricate web of rules and regulations

Spending power: Getting a handle on legal expenses

A recent webinar discussion looked under the bonnet of legal spending

Domicile watch: January 2021

Key takeaways from the major PE domiciles: including Jersey's new definition for AML legislation, changes to Guernsey's private fund regime and Ireland's prep for SFDR

Private Equity Service Provider Awards: Winners announced

Winners of the Private Equity Service Provider Awards revealed

ESMA reminds firms of MiFID II reverse solicitation rules

The regulator notes that since the UK’s Brexit transition period ended on 31 December 2020, some questionable practices by firms around reverse solicitation have emerged

ESMA and FCA agree MMoU on information exchange

The MMoU explains the FCA’s and EEA authorities’, “willingness to cooperate with each other to maintain confidence in the financial system and preserve financial stability in their respective financial markets

The ESG tech wave

From static and infrequent DDQs to real-time, performance linked, fully integrated improvements; ESG is fast-becoming a tech play

Irish Funds welcomes LP reform

The trade body predicts The Investment Limited Partnerships (Amendment) Bill 2020, passed in the Dáil, will create 3,000 jobs by 2025 and attract up to €20bn of global private capital each year

The conversation: Trends in 2021 and beyond

InCloudCounsel founder and CEO Troy Pospisil examines patterns established in 2020 and how they will impact the next few years in private capital markets

LISTEN: InCloudCounsel’s Pospisil on the future

Troy Pospisil explores how the regulatory landscape for private capital funds is evolving, how investor demands are changing and how InCloudCounsel’s offerings aim to support these developments

Class of 2020

A cross-section of industry practitioners share their greatest lessons of this year

BVCA launches Capital Gains Tax committee

Committee has been created in response to the UK Government’s ongoing tax investigation that has prompted fears of a CGT hike

LISTEN: InCloudCounsel’s Pospisil on document abstraction

Alice Murray talks to Troy Pospisil, founder and CEO of InCloudCounsel about what it is, how it works and how it supports private equity legal teams, as well as the wider organization.

2020 in review: Regulatory complexity

A look back at the regulatory transformation around the AIFMD in the private equity market in 2020

NAVs won’t return to pre-pandemic levels until 2022

80% of Duff & Phelps survey respondents believe up to 30% of private market investments won’t recover their pre-pandemic values until 2022 or beyond

LISTEN: InCloudCounsel’s Pospisil on private equity roots

In the first instalment of our mini podcast series, Alice Murray talks to Troy Pospisil, founder and CEO of InCloudCounsel about the company’s origins: what drove him to set up the firm and how it has developed over the past seven years.

Throgmorton launches CFO & COO Solutions

Throgmorton has launched an outsourced service for the CFO and COO function.

No place like home: finding the right fund domicile

Predictability, reliability and quality are key components, according to our expert panel

Comment: The ‘new office politics’

IC Intelligence chief strategist Dr Desné Masie, says the worst isn't over for real estate funds

Fund managers fall short on governance

A large number of previously authorised fund managers have failed to implement the governance framework set out by the Central Bank of Ireland

DAC6: what it means for LPs

Natalie Psaila, counsel in the London Tax Group at Hogan Lovells, details the circumstances in which the DAC6 rules are most likely to be relevant to investors in private equity funds

Comment: Can public subsidy and private equity co-exist?

Covid-19 has thrown the industry into an unwanted spotlight - and now the taxman cometh

WATCH: No place like home: finding the right fund domicile

Predictability, reliability and quality are key components, according to our expert panel

Held to account: why is it so hard for PE to open bank accounts

GPs are waiting up to nine months to open SPV accounts, and its easy to see why

Private equity’s return to work

Taylor Wessing partners Emma Danks and Helen Farr outline the key litigation risks of returning to the office

Ocorian acquires Newgate Compliance

The deal furthers Ocorian's service offering to asset managers operating in the regulated UK market.

LemonTree creates advisory board

Mahmoud Warriah is advisor for accounting and Toby Norfolk-Thompson is advisor for banking and tax

Comment: Cross-border marketing of funds

Richard Small, partner of Addleshaw Goddard, deciphers increasing complexities around crossborder marketing rules

Profile: Debojit Mukherjee, Agilitas Private Equity

The chief operating officer discusses what attracted him to his role, how the firm measures and tracks ESG and why their Sustainable Value Creation report is so important

A true alternative

From alternative law firm to publicly listed full-suite asset management consultancy, MJ Hudson has had an outstanding decade

Culture shock

Culture's intrinsic link to behaviour means private equity must think carefully about how it navigates the crisis

Comment: Compliance and ESG - Overhead or value-driver?

The crisis will likely bring about more stringent financial and environmental regulations; cutting compliance and ESG resources could bear greater costs, warns Robin Lööf and Edoardo Troina at Debevoise & Plimpton

Comment: Navigating capital calls

Lydia Danon and Shelley Drenth of law firm Cooke, Young and Keidan, outline practical steps PE firms ought to be taking to mitigate potential capital call conflicts