Venture Capital: Valuing Early-Stage Portfolio Companies in a Slowing Deal Environment
The first half of 2023 shows a continuing shift in the landscape of early-stage venture capital (VC) deals. Amidst an environment of high interest rates and increased portfolio company cash burn, VC funds are deploying capital more carefully. This has had a noticeable impact on angel and seed-stage deals. According to Pitchbook’s Q2 2023 US […]
409A Valuation – The Key to Protecting Your Fund’s Earnings
Our friends at Richey May reached out to discuss valuable insights on 409A valuations – what they are, when they are needed and more. What is a 409A Valuation? 26 U.S. Code § 409A (“IRC 409A”) is a tax rule that applies to companies offering “nonqualified deferred compensation,” which is compensation paid/received in a later […]
SEC Actions: Fund Investment “Mispricing” & “Mismarking” Cases 2022
Overview: The SEC’s Division of Examinations (“DOE”), formerly known as the Office of Compliance Inspections and Examinations (“OCIE”), has continued to increase focus on valuation practices for investment advisor and investment company examinations. As discussed in recent Risk Alerts posted by DOE, best practices and procedures that can help meet greater SEC regulation and scrutiny […]
SEC Discusses Valuation in Proposed Rules 2022
On February 9, 2022, the Securities and Exchange Commission (“SEC”) voted to propose new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers and to protect private fund investors by increasing transparency, competition, and efficiency in the $18-trillion marketplace.(1) The proposed rules would increase […]
The SEC’s Division of Examinations Discusses Valuation in October 2021 Risk Alert
The SEC’s Division of Examinations (the “Division” – formerly known as OCIE) has issued a new Risk Alert (the “Alert”)(1) regarding Observations from Examinations in the Registered Investment Company Initiatives (“RIC Initiatives” or (“Initiatives”)(2). In November 2018, the Division announced the Initiatives which would assess industry practices and regulatory compliance in certain areas that may […]