Considerations For PE Funds Eyeing Foreign Portfolio Cos.

Law360, New York (February 8, 2017, 11:43 AM EST) -- With high private company valuations in the U.S. and competition for deals, managers of existing private equity funds, as well as those in formation, may be inclined to look to regions and markets outside of the U.S. for potential opportunities. The viability of pursuing such opportunities depends upon the composition of the fund's investor base, whether the fund's investment strategy allows the fund to make those types of investments, and whether the fund documents provide the requisite flexibility to make foreign investments on a tax-efficient basis. This article seeks to touch on the key considerations that fund managers of U.S. private equity funds, broadly speaking, should take into account when contemplating investments in foreign portfolio companies....

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