Private Equity ComplianceAnalyzing Conflicts, Fees, and Risks
Wiley Finance 1. Aufl.
Develop and manage a private equity compliance program Compliance has become one of the fastest-growing areas in the private equity (PE) space. Mirroring trends from the hedge fund industry, recent surveys indicate that PE managers rank compliance as the single most challenging aspect of their business. Reports also indicate that PE compliance spending has rapidly outpaced other PE operating costs with recent estimates indicating that individual PE funds on average spend at least 15 - 20% of their operating budgets on this area. General Partners (GPs) have also significantly ramped up the hiring of private equity compliance related roles. Private Equity Compliance provides current and practical guidance on key private equity (PE) compliance challenges and trends. Packed with detailed, practical guidance on developing and managing a private equity compliance program, it offers up-to-date case studies and an analysis of critical regulatory enforcement actions on private equity funds in areas including conflict of interest, fees, expenses, LP fun raising disclosures, and valuations. • Provides real-world compliance guidance • Offers information that is tailored to the current compliance practices employed by GPs in the private equity industry. • Provides guidance on managing the compliance risks associated with cybersecurity and information technology risk • Serves as a PE-focused complement to the author's previous book, Hedge Fund Compliance If you’re a private equity investor or compliance officer looking for trusted guidance on analyzing conflicts, fees, and risks, this is one reference you can’t be without.
Preface ix CHAPTER 1 Introduction to Private Equity Compliance 1 CHAPTER 2 Compliance Obligations of General Partners 15 CHAPTER 3 Limited Partner Advisory Committees and Other Boards 25 CHAPTER 4 Valuation Compliance 41 CHAPTER 5 Conflicts of Interest 53 CHAPTER 6 Fees and Expenses – Compliance Considerations 73 CHAPTER 7 Private Equity Compliance Technology, Business Continuity, and Cybersecurity 107 CHAPTER 8 Understanding Private Equity Compliance Documentation 121 CHAPTER 9 Compliance Training, Surveillance, and Testing for Private Equity Firms 137 CHAPTER 10 Limited Partner Analysis of Private Equity Compliance Functions 151 CHAPTER 11 Interviews with Private Equity Compliance Professionals 167 CHAPTER 12 Compliance Trends and Future Developments 193 About the Author 205 Index 207
JASON A. SCHARFMAN is the Managing Partner of Corgentum Consulting, a specialist consulting firm which performs operational due diligence reviews and background investigations of fund managers, including hedge funds and private equity funds. Mr. Scharfman has provided training to financial regulators, consulted with government entities on financial regulation, developed compliance functions, and analyzed private equity compliance structures across the globe. He is the author of Hedge Fund Compliance from Wiley.
Compliance is one of the fastest growing areas in the private equity arena. In today's complex marketplace and with stricter oversight from the US SEC and UK FCA, compliance spending has rapidly outpaced other PE operating costs. Private Equity Compliance offers a much-needed and down-to-earth guide that provides the most current information available on the key private equity compliance challenges and trends. This book provides a next-step resource to Hedge Fund Compliance, author Jason Scharfman's previous book. Private Equity Compliance puts the focus on providing real-world compliance information that is specifically tailored to the current compliance practices employed by general partners in today's private equity industry. The book is filled with detailed, practical information on developing and managing an efficient and cost-effective private equity compliance program. The author provides guidance on the compliance obligations of private equity firms and their associated funds and offers an overview of the specific obligations of general partners, the role of limited partner advisory committees, and valuation compliance. In addition, Private Equity Compliance contains a wealth of current examples of private equity compliance documentation and policy manuals including compliance manuals, the code of ethics, common fee and expense disclosures and valuation policies. Scharfman offers critical guidance on managing the compliance risks associated with cybersecurity and information technology. Suggestions for analyzing the strengths and weaknesses of GP compliance functions are included and the book presents insightful interviews with private equity professionals discussing key issues. Private Equity Compliance is the must-have guide for any private equity investor and compliance officer who wants to develop and manage a reliable compliance program.
An Invaluable Guide for Developing and Managing A Private Equity Compliance Program "The old attitude of doing just enough to not get in trouble with regulators is no longer acceptable when it comes to private equity compliance. Today, regulators and LPs have increasingly demanded that GPs actively embrace the challenge of implementing and maintaining a rigorous compliance infrastructure. GPs are increasingly viewing compliance as not a stumbling block, but an opportunity by which they can improve the oversight, governance and management of their firms and funds. By acknowledging the benefits of thorough compliance management in this way, all constituents in the private equity industry can benefit from continued dialogues in this area and improve the industry as a whole." —From the Preface From Jason Scharfman, a leading expert in the field of due diligence, comes an essential resource and guide to developing and managing an ethical and effective compliance program. In addition to the basic information, the book also explores compliance challenges and recent trends. Filled with compelling examples, current practices, information on the obligations of general partners and committee members, suggestions for analyzing a program, and much more, Private Equity Compliance is the much-needed guide for understanding compliance in today's private equity industry.
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