Capital Markets Law Journal Advance Access originally published online on December 18, 2007
Capital Markets Law Journal 2008 3(1):18-31; doi:10.1093/cmlj/kmm038
© The Author (2007). Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org
Private equity: the UK regulatory response
Iain MacNeil*
*Iain MacNeil, Alexander Stone Professor of Commercial Law, University of Glasgow, Glasgow, Scotland, UK.
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Key points- Rapid growth in private equity in recent years has generated a public debate over the possibility of regulation. The Financial Services Authority (FSA), British Venture Capital Association (BVCA), Treasury and the Treasury Select Committee have all been active on this front in recent months.
- This briefing note provides an overview of the current state of play in the UK, taking account of the final guidelines published by Sir David Walker and the changes to capital gains tax that have been announced by the Treasury.
- The BVCA guidelines will bring within its enhanced disclosure regime around 65 portfolio companies and will operate on a comply or explain basis.
- The FSA has indicated that it will focus on the risks of market abuse and conflicts of interest arising from private equity transactions, but it does not envisage a discrete regulatory regime for the sector.
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1. Introduction
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The rapid growth in private equity
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2. The regulatory debate
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3. The FSA response––risk
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4. The FSA response—regulation?
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5. The industry response
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6. The Treasury Select Committee Report
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7. Conclusion
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