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THE ANNUAL REVIEW 2010 - PEI Media

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page 84 private equity annual review <strong>2010</strong><br />

re g u l a t i o n<br />

Regulations on the horizon<br />

Canada: RE RULES<br />

Canadian pension plans’ exposure to the real estate asset<br />

class could increase after the government finalised new<br />

regulations which scrapped previous caps on investment.<br />

The Canadian department of finance last summer ruled<br />

that it would eliminate previous regulations that limited<br />

public pensions to investing no more than 5 percent of its<br />

portfolio in a single parcel of real estate, and allocate no<br />

more than 25 percent of its portfolio to the asset class. The<br />

rules also apply to Canadian resource properties (real estate<br />

related to petroleum, natural gas or hydrocarbons extraction<br />

and operations) and abolished a cap on such investments<br />

exceeding 15 percent of a pension portfolio.<br />

US: SEC REGISTRATION<br />

The Dodd-Frank act will require private equity<br />

firms with $150 million or more in assets to<br />

register with the SEC by 21 July, 2011. The act<br />

also introduced the “Volcker rule” which will<br />

force banks to hold no more than 3 percent<br />

of a private equity fund’s capital.<br />

US: Carried INTEREST<br />

Efforts to change the tax treatment of carried<br />

interest failed following the Republicans<br />

reclaim over the House of Representatives<br />

late last November. But the tax debate is<br />

set to reignite thanks to a line in President<br />

Obama’s budget.<br />

US: Anti-trust<br />

Last August the Federal Trade Commission<br />

proposed new rules which will make it<br />

much tougher for private equity outfits to<br />

gain anti-trust clearance when attempting<br />

to acquire a rival business. Under the<br />

proposals firms will be subject to greater<br />

information requirements and reporting<br />

costs. The FTC is expected to issue its final<br />

rules sometime this year.

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