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The regulation of the private equity fund in South Africa
Includes bibliographical references
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2016
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| _version_ | 1867614217982443520 |
|---|---|
| access_status_str | Open Access |
| author | Reynolds, Julian Christopher |
| author2 | Gutuza, Tracy |
| author_browse | Gutuza, Tracy Reynolds, Julian Christopher |
| author_facet | Gutuza, Tracy Reynolds, Julian Christopher |
| author_sort | Reynolds, Julian Christopher |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/16867 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:48:32.645Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/16867 The regulation of the private equity fund in South Africa Reynolds, Julian Christopher Gutuza, Tracy Commercial Law Includes bibliographical references This study examined the challenges confronting private equity funds. These funds face governance challenges, including a lack of transparency and disclosure to investors. Investor protection in leading jurisdictions ranges from voluntary self-regulation, to minimal regulatory measures and an exhaustive regulatory approach. These approaches have, however, proven limited with regard to both application and their effectiveness in promoting investor protection, and market efficiency. Two methods have been identified to address governance challenges. The legal tools include facilitating transparency, the disclosure of information and the promotion of investor protection. These tools include:1) A negotiated structural approach, with side letters that provide individual investors with information and the establishment of an advisory board with limited control over the fund's operations; and 2) A co-regulatory approach, which combines contractual, self-regulation, and financial regulations to address governance challenges efficiently and effectively. Both methods have potential to address the governance challenges and increased investor concerns that have arisen as a result of the manner in which private equity funds operate. The approach suggested by this study is based on an understanding of private equity as an asset class. The approach is effective and efficient. It encourage sand promotes investor protection, while at the same time promoting the South African private equity industry as a flexible and lucrative market. There has been limited critical legal assessment of governance mechanisms in the context of private equity. This study thus contributes to the body of knowledge on the legal assessment of private equity funds. 2016-02-08T07:21:03Z 2016-02-08T07:21:03Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/16867 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Reynolds, Julian Christopher The regulation of the private equity fund in South Africa |
| thesis_degree_str | Master's |
| title | The regulation of the private equity fund in South Africa |
| title_full | The regulation of the private equity fund in South Africa |
| title_fullStr | The regulation of the private equity fund in South Africa |
| title_full_unstemmed | The regulation of the private equity fund in South Africa |
| title_short | The regulation of the private equity fund in South Africa |
| title_sort | regulation of the private equity fund in south africa |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/16867 |
| work_keys_str_mv | AT reynoldsjulianchristopher theregulationoftheprivateequityfundinsouthafrica AT reynoldsjulianchristopher regulationoftheprivateequityfundinsouthafrica |