lawyer and compliance professional in the financial services industry
for the past 20 years. He specializes in the corporate finance, private
equity, venture capital and financial services industry laws and
regulations. He is also active in mergers and acquisitions, licensing,
contracts generally and arbitration.
Keskuskatu 8
P.O. Box 1077
00101 Helsinki, Finland
+358 10 3090 300 Phone
+358 10 3090 333 Fax
keith.kessel@procope.fi
www.procope.fi
landscape relative to private equity
continues to evolve. Regulatory focus,
investor skepticism and public scrutiny
are arguably at historic highs. The media
has highlighted several of the abuses,
fueling the negative sentiment for the
private equity business model. As a
consequence, the risks to private equity
firms have never been higher. Therefore,
it is incumbent upon firms operating in
this business to dedicate the time and
resources to effectively assess deals,
critically evaluate all facets of the deals
and vigilantly supervise sales and post-
sale customer service. Moreover, firms
must be able demonstrate that they have
earnestly discharged their due diligence,
supervisory and, where applicable,
fiduciary responsibilities. Compliance
personnel can enhance their value to
a firm by effectively shepherding this
process.
Equity Program
thresholds and definitions
Use brokers/dealers to distribute
or investment advisers to "no-load
distribute"
(SPVs) and their formation documents
with private equity/fund regulations
documentation and compliance
controls
equity product/service line
contract(s) for investors and funds
custodians, et. al.
advise (advise investor clients re:
Private Equity products vs. advise
issuer/fund)
Private Funds, evaluate registration
obligations
funds not required by Form PF &
SEC registration
Membership Agreement
FINRA WSP checklist, etc.
guidance on due diligence
Rule 15c2-4
agreement
Investment Funds and Investment Management