Data & Intelligence

Legal & Regulatory Bulletin – Issue No. 20, Winter 2017

The Bulletin features contributions from lawyers and private equity executives based in Bogota, Dubai, Hanoi, Ho Chi Minh City and Tokyo on legal, regulatory and market matters. The variety of the content reflects EMPEA’s global footprint.

I hope that the articles will pique the interest of practitioners in the emerging markets private capital investment community and thank the contributors for putting pen to paper.

In this Bulletin our contributors present:

Private Equity in Vietnam: a reflection on the Vietnamese private equity market over the last decade. The contributors, a seasoned lawyer and a private equity firm owner, have both lived in the country for more than 20 years observing its evolution from a command to a quasi-market economy with a maturing private equity market and changing laws and regulations. 

Private Equity in Colombia: an overview of the Colombian private equity market over the last decade with a focus on the development of the domestic fund management community and the role of local institutional investors.

Recent Amendments to the exemptions for foreign funds making private placements in the United Arab Emirates: an overview and analysis of fund formation and fundraising issues in the United Arab Emirates.

Merger and acquisitions strategy and the use of the auction process: an analysis of M&A strategy and the pros and cons of divesting portfolio investments via an auction process.

EMPEA Regulatory Affairs Resources:  

  • EMPEA’s regulatory advocacy resources support members as they seek to encourage legal and regulatory enabling environments in emerging markets that don’t disadvantage private investment. Contact: Ann Marie Plubell, VP, Regulatory Affairs plubella@EMPEA.net.
  • EMPEA Guidelines set out key legal and tax regimes optimal for the development of private equity and are now available in numerous languages including Arabic, Burmese, Chinese (simplified character), Portuguese and Spanish on the EMPEA website. A Vietnamese language version will soon be available.
  • EMPEA Legal & Regulatory Council draws on deep subject matter expertise in the emerging markets practice to address trending concerns.
  • EMPEA Legal & Regulatory Bulletin publishes key perspectives and insights of in-house legal officers and leading practitioners into the current challenges and concerns of the emerging markets community.
  • EMPEA education courses and resources for emerging market regulators, pension and policy oversight officials highlight the foundational issues relating to the development and regulation of private equity in developing economies. 

I encourage you to mark your calendars to attend the Annual Global Private Equity Conference in Washington DC on 16 and 17 May 2017 and the supervisory authority/regulators’ breakfast presentation on 18 May 2017.

I look forward to seeing many of you there. Do introduce yourself to me if we have not met. I also invite you to share your thoughts on this Bulletin and more generally with Ann Marie Plubell, VP, Regulatory Affairs at EMPEA at plubella@EMPEA.net

Mark Kenderdine-Davies
General Counsel, CDC Group plc
Chair, EMPEA Legal and Regulatory Council
Member, EMPEA Board 

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EMPEA has served as a useful reference platform for CDPQ by helping to define the eligible universe of fund managers in growth markets. Membership provides background data and a...

Rashad Kaldany | Executive Vice-President and Growth Markets, CDPQ

The developed markets have no equivalent to the role EMPEA is playing as a convener and source of trusted information in the emerging markets.

David Rubenstein | Co-Founder and Managing Director, The Carlyle Group