Private Equity Firm Seeks Relief to Allow Co-Investments
A private equity firm has submitted an exemptive application to the SEC seeking permission to allow multiple funds that it advises to co-invest in the same investment opportunities. The firm submitted the application because the Investment Company Act would have otherwise prohibited co-investment by the applicantâ€™s Business Development Company with other unregistered funds. Relevant conditions would include fair allocation of opportunities based on available capital and approval by independent directors.
OUR TAKE: Newly registered private equity managers may not be aware that the SEC restricts co-investment by multiple funds. Although this situation involved a registered BDC, the SEC will scrutinize how registered investment advisers allocate investment opportunities among client funds.