Data & Intelligence

Legal & Regulatory Bulletin – Issue No. 26, Fall 2018

The regulatory environment continues to move at a fast pace. What was previously considered market practice has moved rapidly to become negotiable, an array of issues are likely to give rise to disputes in relation to private equity investments. Many entities doing business in the European Union have not only updated their procedures in light of the General Data Protection Regulation but are taking the opportunity to improve the way they manage personal data generally. Increasing interest in evergreen funds invites novel questions. The current Legal and Regulatory Bulletin offers thoughtful discussion of aspects of each of these developments.

Topics Covered In This Bulletin

  • EU General Data Protection Regulation—A Primer for Funds and Portfolio Companies: Data protection is a fundamental right in the EU. This article addresses how private equity funds are addressing the new regulations and what are the extraterritorial applications as well as other implications and consequences of compliance failures.
  • Permanent Capital Vehicles: This article deals with the liquidity quandary. Evergreen funds aren’t a new concept, but absent a fixed termination date, what are some innovative approaches investors take to address liquidity issues these funds raise?
  • Structuring India Focused Funds: This article highlights rising trends in negotiations among investors and fund managers in India. With overall investments in India gaining, the dialogue around traditionally “market practice” terms are increasingly open to negotiation. What are some key fund terms and trends?
  • Disputes in Relation to Private Equity: With deal activity on the rise so is the risk of disputes. What are some areas of dispute and recent examples?
EMPEA represents the leading global investors in EM. I look forward to working alongside to drive much-needed capital for financing entrepreneurs and businesses worldwide.

Renuka Ramnath | Founder, Managing Director & Chief Executive Officer, Multiples Alternate Asset Management Private Limited

EMPEA plays an important and energetic role across the markets it represents, driving outreach and research initiatives, and promoting the role of private capital.

Brian Lim | Partner and Head of Asia and Emerging Markets, Pantheon Ventures

The developed markets have no equivalent to the role EMPEA is playing as a convener and source of trusted information in the emerging markets.

David Rubenstein | Co-Founder and Co-Executive Chairman, The Carlyle Group

I’m honored to join fellow industry pioneers in the leadership of an unparalleled network, filled with first movers, shaping the future of industries and communities.

Dr. Andrew Kuper | Founder and CEO, LeapFrog Investments

EMPEA's market and industry intelligence opens doors to new sources of capital.  I look forward to the future success of EMPEA and its members.

Torbjorn Caesar | Senior Partner, Actis

While there are certainly challenges for the industry, the opportunities abound in our target markets and globally, making a global association like EMPEA more relevant than ever.

Drew Guff | Managing Director & Founding Partner, Siguler Guff & Company