THE ANNUAL REVIEW 2010 - PEI Media
THE ANNUAL REVIEW 2010 - PEI Media
THE ANNUAL REVIEW 2010 - PEI Media
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page 92 private equity annual review <strong>2010</strong><br />
s ta t e s i d e : re v i e w o f t h e y e a r<br />
Shaping an industry<br />
Extracts from <strong>PEI</strong>’s ‘Stateside’ column chronicle a shifting<br />
relationship between LP and GP<br />
d av i d s n o w<br />
An LP source has come up with a<br />
unique partnership term he thinks<br />
GPs should find highly interesting<br />
– any return over 2x and the<br />
carried interest rate is 30 percent.<br />
Anything under 2x and you get<br />
10 percent<br />
FEBRUARY<br />
Real estate investors turn their back on the blind-pool fund<br />
A desire among investors for some control over how money is invested is, of course, a direct<br />
affront to the traditional blind pool limited partnership, which stipulates that the GP has total<br />
authority over investment decisions within agreed upon parameters. If LPs don’t like what<br />
they’re getting from their GPs they can band together to replace the manager (very difficult),<br />
sell their interests on the secondary market (a fraught process) or default on their commitments<br />
(painful financially and harmful to the reputation). What disapproving LPs can’t do is say, ‘Hold<br />
on Mr. GP – I don’t like that deal and so I’d prefer not to back it.’ Limited partnerships are set<br />
up as very serious legal obligations to prevent exactly this kind of flake-out from happening.”<br />
MARCH<br />
GPs grapple with ILPA’s guidelines<br />
“It’s not hard to guess which of the suggested ‘best practices’ some GPs find most objectionable.<br />
The call for management fees to merely cover ‘normal operating costs for the firm’ as well as<br />
the preference for the European-style, LPs-get-all-their-money-back-first waterfall distribution<br />
formula would, if made the industry norm, seriously challenge the business models of big,<br />
established US firms. But a GP doesn’t score many points by arguing that the management fee<br />
should be a wealth creator. So instead some GPs are finding other fights to pick with the ILPA<br />
Principles, among them that the guidelines may represent a ‘collusion’ among LPs, and that the<br />
guidelines risk ‘piercing the GP veil’.”<br />
APRIL<br />
Making carry count for more<br />
“An LP source has come up with a unique partnership term he thinks GPs should find highly<br />
interesting – any return over 2x and the carried interest rate is 30 percent. Anything under 2x<br />
and you get 10 percent. Since most GPs are (outwardly) confident that they will return to LPs<br />
two times their money, it’s an offer to which they should have a hard time saying no. The LP<br />
wants to make one thing very clear: he’s happy to pay 30 percent carry if the returns are good<br />
enough. ‘If I get 2x net to me, I win,’ he says. As for the GPs, this reengineered carry term is a<br />
way to guarantee that ‘the good guys get paid more than the bad guys’, he says.”<br />
MAY<br />
The Private Equity Council looks wider for members<br />
“Convincing the hundreds of firms scattered across the US that they should join the effort may<br />
prove to be a challenge. Buyout firm GPs in particular have spent the last several decades getting<br />
on just fine without paying dues to a Washington lobbying outfit. Many still don’t accept<br />
that their years of benign regulatory neglect are over. Furthermore, many of them are used to<br />
interacting with their rivals only in auction settings. A person in the venture market noted that<br />
the very nature of venture capital investing requires GPs to frequently band together on deals,<br />
despite the fact that they may compete at other times. It is a more collaborative culture than<br />
what is often found among buyout guys.”