Funds

New section 336(e) regulations could simplify #PEG investments

On May 10, 2013 the SEC and IRS passed final regulations under section 336(e) that provide basis step-up opportunities for non-corporate acquirers.  The new regulations provide an opportunity for a Private Equity Fund (PE) to acquire a target and receive a basis step-up and tax shield, without creating a purchasing corporation or otherwise restructuring the target prior to the acquisition. Further, a PE now has the flexibility to restructure the target such that the ongoing activity is conducted through an LLC taxed as a partnership, which would allow the fund to pass on a full basis step-up upon exit and eliminate future corporate taxation on the target’s activities. In addition, the new regulations may provide the ability to separate multiple businesses post-acquisition in a much more tax-efficient manner than previously existed, thereby allowing a PE to better align its investments.

The full article from McGladrey can be found here.

Seven tips for interim CFO’s of private equity portfolio companies; tip 6 of 7 – Be a do-er

This is part five of a seven-part series of tips for interim CFO’s at companies in the portfolio’s of private equity groups.  These tips are intended for financial professionals who already have the skills and experience to be a successful CFO at a typical mid-market company.  They specifically address the differences between being a CFO at a typical mid-market company and being an interim CFO at a growth-oriented mid-market company in the portfolio of a private equity group.

Tip #1: Be an ambassador

Tip #2: Be the advance team

Tip #3: Understand the exit strategy

Tip #4: Get to know the portfolio

Tip #5: Be an agent of change

Tip #6: Be a do-er

Think of yourself as more than just a consultant.  You are not there merely to assess the situation and make recommendations.  You are there to get things done and you may have little help so you need to roll up your sleeves and get to work.  Not only is this often the only way to get the job done, the client will like and respect you for it.  If you follow tips 1 through 6, you will have the foundation to be effective as an interim CFO at a private equity portfolio company.