Private Equity Law

The Committee on Private Equity and Venture Capital focuses on issues facing U.S. and international lawyers who form and represent private equity and venture capital funds and those who advise entrepreneurs and companies seeking financing from those sources. The Committee addresses the regulatory, securities, corporate, tax, intellectual property, and other concerns of the private equity and venture capital communities, including with respect to both investments by funds and the formation of funds.

The Bank Holding Company Act of 1956 (12 U.S.C. § 1841, et seq.) is a United States Act of Congress that regulates the actions of bank holding companies. The original law (subsequently amended), specified that the Federal Reserve Board of Governors must approve the establishment of a bank holding company, and prohibited bank holding companies headquartered in one state from acquiring a bank in another state. The law was implemented in part to regulate and control banks that had formed bank holding companies in order to own both banking and non-banking businesses. The law generally prohibited a bank holding company from engaging in most non-banking activities or acquiring voting securities of certain companies that are not banks.

Private equity, in finance, is an asset class consisting of equity securities in operating companies that are not publicly traded on a stock exchange. Among the most common investment strategies in private equity are: leveraged buyouts, venture capital, growth capital, distressed investments and mezzanine capital. In a typical leveraged buyout transaction, the private equity firm buys majority control of an existing or mature firm. This is distinct from a venture capital or growth capital investment, in which the private equity firm typically invests in young or emerging companies, and rarely obtain majority control.

On July 21, 2010, President Obama signed into law the Private Fund Investment Advisers Registration Act of 2010 (the "Registration Act") as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Registration Act includes amendments to the Investment Advisers Act of 1940 (the "Advisers Act") that will require many investment advisers to private investment funds to register with the Securities and Exchange Commission (the "SEC") under, and comply with, the Advisers Act, and increases recordkeeping and reporting obligations for both registered and certain unregistered advisers, among other changes.

A bill to require investment advisers to private funds, including hedge funds, private equity funds, venture capital funds, and others to register with the Securities and Exchange Commission, and for other purposes.

The mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. As more and more first-time investors turn to the markets to help secure their futures, pay for homes, and send children to college, our investor protection mission is more compelling than ever.

The Emerging Markets Private Equity Association (EMPEA) is a non-profit, independent, global industry association that promotes greater understanding of and a more favorable climate for private equity and venture capital investing in the emerging markets of Africa, Asia, Europe, Latin America and the Middle East.

The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system by: * insuring deposits, * examining and supervising financial institutions for safety and soundness and consumer protection, and * managing receiverships.

The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies.

The National Association of Investment Companies (NAIC) is the membership organization for firms dedicated to investment in the United States Emerging Domestic markets (EDM). NAIC member companies invest in privately held businesses that have a high probability of growth and the ability to generate significant returns for investors and shareholders.

The Clearinghouse is a web based Venue where holders of exempt private equity interests (Corporate LTD. Partnership, etc.) can post their equities for direct sale to the investing public. These interests should not be registered with the securities and exchange commission and only the owner of the interest is eligible to post it for sale.

The Private Equity Growth Capital Council, based in Washington, DC, is an advocacy, communications and research organization and resource center established to develop, analyze and distribute information about the private equity and growth capital investment industry and its contributions to the national and global economy. The PEGCC opened its doors in February 2007.

The Tuck Center for Private Equity and Entrepreneurship aims to advance the understanding of private equity investing—the engine behind the entrepreneurial activity that drives global innovation and productivity. The center focuses on macro and micro issues relating to private equity: capital markets, financing structures, governance and entrepreneurship.

Angel Investor News is the premier business angel news service that provides the latest news and resources on angel investors, business funding, venture capital, raising business finance startup investment, seed capital investing, small business funding and handholding, angel investor groups to serious and active business angel investors, angel syndicates, private investors and high net worth individuals. Our news service covers all aspects of entrepreneurialism and we showcase some leading examples of entrepreneurs that are making great strides forward with and without the backing of Venture Capitalists and Angel investors.

The media frenzy surrounding the credit bubble has helped make private equity, which was once only recognized by the most sophisticated investors, a commonplace word. Many mainstream investors have become interested in learning more about the private equity industry. Because of the non-public nature of private equity, it can be difficult to gain access to the lingo used by industry insiders.

Private Equity Hub is an interactive forum for the global private equity community, which includes venture capitalists, buyouts professionals, public pension funds, endowments, foundations, lenders, investment bankers, attorneys, entrepreneurs, MBA candidates studying PE, and assorted hangers-on. Its mission is simple: To help you do your job better, by filling your head with news and views from/about your peers.

PEI is the leading financial information group dedicated to the alternative asset classes of private equity, real estate and infrastructure globally. It is an independent company with over 70 staff based in three regional offices - London, New York and Singapore - and is wholly owned by its management and employees.

Equity capital or financing is money raised by a business in exchange for a share of ownership in the company. Ownership is represented by owning shares of stock outright or having the right to convert other financial instruments into stock of that private company. Two key sources of equity capital for new and emerging businesses are angel investors and venture capital firms.

Since 1999, The Deal LLC has covered the dealmaking across all its many mutations along with the ups and downs of economic cycles and business leaders. Through print, electronic media and events, we provide original content that serves the news, information and idea generation needs of corporate and financial dealmakers, advisers, intermediaries and investors.

The Wall Street Journal is an American English-language international daily newspaper published by Dow Jones & Company, a division of News Corporation, in New York City, with Asian and European editions. The Journal primarily covers U.S. and international business, and financial news and issues. Its name derives from Wall Street in New York City, the heart of the financial district, and has been printed continuously since its inception on July 8, 1889, by Charles Dow, Edward Jones, and Charles Bergstresser.

Articles written by attorneys and experts worldwide discussing legal aspects related to Banking and Finance including: asset protection, capital markets, corporate finance, financial planning, financial services law, investment law, offshore accounts, private equity, project finance, public finance, securities, trade investment and venture capital.