Hedge Funds and Private Equity Under Contemporary Corporate Governance: The Dutch State of Affairs

2008 ◽  
Author(s):  
Faysal Barrachdi
Author(s):  
Spangler Timothy

This chapter provides an introduction to private investment funds. It first considers the governance challenge in private investment funds that can be regarded as a need to improve the standard of corporate governance in the legal vehicles that comprise such funds. In particular, it examines the manner in which hedge funds and private equity funds affect the corporate governance of the portfolio companies in which they invest. The chapter proceeds by discussing governance issues arising from the use of partnerships vs. corporations as private fund vehicles, along with the consequences of governance failures and the function of private investment funds. It also analyses legal and regulatory issues surrounding the structuring and operations of private investment funds, the legal and fiduciary duties of the investment manager, and fiduciary duty in the financial services regulatory regime. Finally, it describes alternatives to centralised, top-down regulation of private investment funds.


2009 ◽  
Vol 58 (3) ◽  
Author(s):  
Frederik Zölls ◽  
Alexander Brink

AbstractConcerning hedge funds and private equity, opinions differ: Critics refer to it as predatory capitalism, supporters enthuse about the champions league of investment industry. A theoretical analysis with focus on speculation will be followed by an overview of the market. Considering that social concerns cannot be overcome solely with theoretical, economic argumentation, financial companies will be reconstructed as moral stakeholders in a subsequent business ethical evaluation. Based on this stakeholder approach the business model will be described in the context of individual ethical responsibilities and the corporate governance debate. With this interdisciplinary survey the authors break new ground and show further research perspectives. Economic and moral arguments will promote to deal with criticism on hedge funds and private equity companies on a factual basis.


Author(s):  
Vladimiro Marini ◽  
Massimo Caratelli ◽  
Gian Paolo Stella ◽  
Ilaria Barbaraci

AbstractPrivate equity is a source of finance and a governance device characterised by active monitoring through sponsors that intervene in targets’ corporate governance. As sponsors are skilled and motivated acquirors, we investigated whether corporate governance mechanisms mitigate leveraged targets’ risk of financial distress differently compared to non-acquired companies through the lenses of agency theory and resource-based theories. We found that targets and non-acquired companies are not significantly different in terms of corporate governance features, but sponsors are skilled enough to choose corporate governance members to mitigate risk more, especially when boards are smaller, have busier industry expert directors, and mandate execution to more managers. These results can be useful to targets, targets’ investors and lenders, and policymakers.


Author(s):  
William L. Megginson ◽  
Diego Lopez ◽  
Asif I. Malik

State-owned investors (SOIs), including sovereign wealth funds and public pension funds, have $27 trillion in assets under management in 2020, making these funds the third largest group of asset owners globally. SOIs have become the largest and are among the most important private equity investors, and they are key investors in other alternative asset investments such as real estate, infrastructure, and hedge funds. SOIs are also leaders in promoting environmental, social, and governance policies and corporate social responsibility policies in investee companies. We document the rise of SOIs, assess their current investment policies, and describe how their state ownership both constrains and enhances their investment opportunity sets. We survey the most impactful recent academic research on sovereign wealth funds, public pension funds, and their closest financial analogs, private pension funds. We also introduce a new Governance-Sustainability-Resilience Scoreboard for SOIs and survey research examining their role in promoting good corporate governance. Expected final online publication date for the Annual Review of Financial Economics, Volume 13 is November 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


Sign in / Sign up

Export Citation Format

Share Document