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SEC Adopts New Rules Governing Private Fund Advisers

Yesterday, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) adopted rules and rule amendments (the “PFA Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”) that impose new requirements and obligations on investment advisers to private funds.1 The Commission’s adoption of the PFA Rules, which…

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Implications of the 2023 Form PF Amendments

After the 2008 financial crisis, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) introduced the Form PF (Private Fund), which the SEC intended to serve as a tool for monitoring and assessing systemic market risks posed by private funds. Since 2011, following the Dodd-Frank Act (“Dodd-Frank”), the SEC…

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280G Considerations for Portfolio Company Exits

Portfolio companies of venture capital and private equity funds usually motivate key executives through compensation tied to performance upon an exit. Such structures align the incentives of the fund with those of the executives but can lead to several tax issues that warrant thoughtful consideration. 280G Background Section 280G of…

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Welcome to Private Fund Insights

Welcome to Private Fund Insights, a source for information and updates for both sponsors and investors in private funds of all types. Navigating the complex world of private equity is more challenging than ever, as investors seek higher returns, sponsors look for innovative ways to grow their businesses, and regulators…

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