Valuation Raised as an Issue by the OCIE
On June 23, 2020, a Risk Alert was released by the SEC on behalf of the Office of Compliance Inspections and Examinations (“OCIE”) that provides an overview of compliance issues found during examinations of registered investment advisers that manage private equity or hedge funds (“private fund advisers”). The Risk Alert is intended to (i) assist […]
Fair Value in Times of COVID-19
The Financial Accounting Standards Board Accounting Standards Codification (FASB ASC) defines fair value, or Topic ASC 820, as the “amount that would be received in an orderly transaction using market participant assumptions at the measurement date”. The uncertainty associated with COVD-19 and the actions taken to reduce the spread of the virus have caused extreme […]
Valuation Fund Transfers — COVID-19 Considerations
Coming Soon: Increased Fund Restructuring in 2020 COVID-19 will significantly accelerate the restructuring of private funds through asset transfers from existing funds to related-party funds or affiliate entities. Such fund transfers have significant valuation and fairness issues that should be considered by GPs, LPs, and their advisors. The timing of the COVID-19 crisis creates further […]
The Cayman Islands Private Funds Law 2020
On January 8, 2020, the Cayman Islands Government published the Private Funds Law, 2020 (the “Law”).1 The Law was approved by the Cayman Islands Government and enacted into law on February 7, 2020. The Law introduces, among other changes, new standards for the valuation of a private fund’s assets. According to Clause 16 of the […]
Tackling Tougher Valuation Standards for Private Equity Funds
In December 2019, The Wall Street Journal published an article outlining tougher valuation standards for Private Equity funds. The article titled, Tougher Valuation Standards Raise the Bar for Managers and Investors, discusses the following: The SEC views valuation as the responsibility of the fund; Heightened scrutiny has prompted more funds to hire third-party valuation providers; […]