Private equity regulation: a comparative analysis |
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Authors: | Joseph A. McCahery Erik P. M. Vermeulen |
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Affiliation: | (1) Faculty of Law and Tilburg Law and Economics Center, Tilburg University, Tilburg, The Netherlands;(2) Corporate Legal Department, Corporate and Financial Law Group, Philips International B.V., Amsterdam, The Netherlands |
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Abstract: | This article examines the existing contractual arrangements and industry standards in private equity. It shows that investors are, in principle, capable of structuring their particular investments according to their own preferences, there are a range of governance problems and risks that could be potentially hazardous for some classes of investors. We examine the circumstances where existing industry codes and legal tools can be used to address the problems that arise in relation to private equity and buyout activity. |
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