Doug Cornelius on compliance for private equity real estate
These are some of the compliance-related stories that caught my attention this week. Four Companies to Watch for ‘Trump Risk’ by Matt Kelly in Radical Compliance Last week two companies became the first public filers to cite the incoming Trump Administration as a risk worth disclosing in the Risk Factors section of their quarterly reports. … Read more »
Going back over my notes in search of guidance on when advertising for a private equity firm is advertising restricted under the Investment Advisers Act and when it is advertising for the firm’s products and services, I’m left uncertain. I was hoping that the gun jumping interpretations would offer some meaningful guidance. So far, I … Read more »
I began exploring the difference between advertising the soup and advertising the securities in yesterday’s post. That is, I looking for distinction between a private equity firm advertising in relation to its portfolio companies or real estate holdings, and advertising its performance as an investment adviser. Portfolio company advertising is outside the legal framework under … Read more »
While looking through the various restrictions on advertising for investment advisers, I was struck by how they fail to address the operations of private equity funds. The Securities and Exchange Commission effectively banned advertising by investment advisers for decades. As reality came, the SEC relented, subject to strict restrictions. In this post-Dodd-Frank world with private … Read more »
Please remember to those who have served in the armed forces for the sacrifices they have made. Below are some of the compliance-related stories that caught my attention. Donald Trump’s Transition Team: We Will ‘Dismantle’ Dodd-Frank in the Wall Street Journal The brief note on Mr. Trump’s new website marked the first time since Tuesday’s election … Read more »
Steven Burrill was using his venture capital fund as a persona piggy bank and the fund’s auditor failed to do anything when it saw the red flags. Now the auditor partner is subject to charges by the Securities and Exchange Commission. Private funds typically take management fees in advance. That is not unusual or illegal. … Read more »
While votes are still being counted, it’s clear that the Clinton Firewall in Michigan and Wisconsin did not hold. Get used to saying “President Trump.” The other story is that Republicans held the Senate, leaving Congress in the hands of the Mitch McConnell and Paul Ryan. That means some aspect of the Republican platform will … Read more »
An election cycle that has been dragging on for ever is almost over. If you have not yet voted, be an informed voter. I urge to look at the issues. Try using isidewith.com to see which candidate best aligns with your positions on the issues. Then line up and cast your vote. I took advantage … Read more »
What better way to spend November 2 than in Chicago with the enthusiasm of the Cubs winning game 6 the night before the conference and the historic World Series win that night. I was in the windy city for Privcap Game Change conference for real estate in 2016. The conference was largely focused on real … Read more »
Most states have passed crowdfunding laws. One of the barriers has been the breadth of the federal preemption of interstate securities transactions. To be intra-state, and therefore out of the jurisdiction of the Securities and Exchange Commission, the investors and the company doing the fundraising needed to all be in the same state. The problem is … Read more »