Navigating the Shifting Landscape of Private Investments: Transparency, Liquidity, and Valuation
Author: Destiny Aigbe
November 25, 2024
With the Federal Reserve signaling an easing of interest rates, private equity and private debt markets are bracing for a surge in deal activity through the end of 2024 and into 2025. The combination of declining borrowing costs, pent-up exit demand, and increasing investor interest in private assets is creating an inflection point for the industry.
The Impact of Lower Interest Rates
Lower interest rates reduce borrowing costs, making recapitalization transactions and liquidity events more feasible. This has already sparked an uptick in dividend recapitalizations, allowing private equity fund managers to distribute proceeds while extending the hold periods for their portfolio companies. The rise of retail investment vehicles offering private investments with greater liquidity further amplifies the need for rigorous valuation processes to ensure transparency and fairness.
Regulatory Pressures and Best Practices
The SEC’s increased scrutiny of private funds has introduced new expectations for reporting, valuation, and investor protections. While some regulations, such as the 2023 private funds rule, were vacated, the call for greater transparency remains loud and clear. For fund managers, obtaining independent solvency and fairness opinions has become a best practice in recapitalizations, continuation fund transactions, and portfolio transfers to evergreen vehicles.
Enhanced Valuation Paradigms
The evolving landscape demands more frequent and accurate valuations. Historically, private funds reported fair values on a quarterly basis, often with significant delays. However, new accounting guidance from FASB provides a framework for timely fair value estimates, incorporating:
- Market Adjustments: Reflecting macroeconomic changes.
- Performance Metrics: Incorporating the latest financial and operational data.
- Judgmental Factors: Addressing idiosyncratic impacts unique to each investment.
This approach allows fund managers to meet the demands of more liquid investment vehicles and provide transparency that instills confidence in investors.
Liquidity Solutions for Investors
As IPO and traditional M&A volumes remain subdued, private equity sponsors are increasingly turning to recapitalizations and continuation funds as interim liquidity solutions. By refinancing debt or transferring investments to new vehicles, fund managers can offer returns to investors while awaiting more favorable exit opportunities.
Conclusion
The convergence of economic factors, regulatory changes, and investor demand is reshaping the private investment landscape. Fund managers must adopt transparent and robust valuation processes, guided by independent opinions, to navigate this evolving environment effectively. As deal activity accelerates, ensuring fairness and compliance will be crucial in maintaining investor trust and driving successful outcomes.
About the Author
Destiny Aigbe
Managing Partner
Aigbe Law PLLC | Dark Alpha Capital
A Corporate and Securities Law Firm
With a robust foundation in law and finance, Destiny Aigbe has carved a distinguished career, underpinned by his pivotal role in orchestrating and managing complex transactions that have propelled companies to significant growth and market prominence. As a seasoned attorney and strategic advisor, Destiny has been instrumental in facilitating over $75 million in capital raises, demonstrating a keen acumen for securing funding and fostering investor confidence.
Destiny's leadership in the execution of six successful public listings, through meticulously structured reverse mergers and registration statements, showcases his adeptness in navigating the intricacies of the public markets and his capacity to guide companies through transformative growth phases. His involvement in five mergers as an operator further illustrates his versatile skill set, extending beyond legal expertise to include hands-on management and operational strategy, though these ventures did not involve funding.
Destiny's professional journey is marked by a commitment to excellence and a diverse range of experiences, from representing a wide spectrum of clients including public and private companies, and investment firms, to holding significant roles within the US government. His tenure with the US Department of State and the National Institutes of Health highlights his adaptability and his contribution to the advancement of entrepreneurial ventures in sectors like biotechnology and nanotechnology through strategic funding initiatives.
An alumnus of Vanderbilt University Law School, Destiny focused on Finance and Mergers & Acquisitions, further honing his expertise with a certificate in Law and Business. His foundational education in Finance was obtained with honors from the University of Maryland's Robert H. Smith School of Business, which laid the groundwork for his subsequent achievements in investment banking and legal practice.
Residing in the Washington, D.C. area, Destiny Aigbe continues to leverage his extensive experience and insightful leadership to drive innovation, growth, and success for his clients and the ventures he is involved with.
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