Michael Herman
Attend a special evening hosted by Mike Atherton
Ten of the City’s leading law firms have joined forces to warn that the Government risks driving away highly-lucrative private equity business if new money laundering regulations are not relaxed.
Representatives from firms including Linklaters, Herbert Smith and Allen & Overy said the draft regulations, designed to bring the UK into line with the Third European Money Laundering Directive, would hit the private equity industry particularly hard because of the way its investment funds are structured.
Under the regulations, lawyers setting up a private equity vehicle for use in an acquisition would need to conduct due diligence on some individual investors in the fund doing the deal as well as the actual private equity firm itself.
In a joint statement, the ten firms warned that this would be “difficult, time consuming and could act as a deterrent to [private] equity funds investing in the UK.”
David Frank, practice partner at Slaughter and May, another of the firms behind the warning, said the regulations would “place the UK at a competitive disadvantage” to the US and other European jurisdictions with less stringent rules.
“If it’s easier to go elsewhere, then private equity funds will definitely think twice before doing deals in the UK,” Mr Frank said.
Law firms are keen for the UK to maintain its position as the private equity capital of Europe because the industry supplies a steady stream of corporate, tax, employment and other work.
Over a quarter of all mergers and acquisitions announced in the UK last year involved private equity firms, according to Dealogic, netting lawyers hundreds of millions of pounds in fees.
The ten law firms have agreed to introduce the Law Society, which is spearheading a wider campaign against the regulations, to representatives from other areas of financial services such as investment banking and accountancy to coordinate their opposition.
Mr Frank said the draft regulations, that are due to come into effect in December, are an example of the UK “goldplating” European legislation by imposing stricter rules than are necessary to comply with the EU Directive.
Fiona Woolf, president of the Law Society, said: “The Government could drive private equity funds away from the UK if it continues to ignore the advice of the Society and City firms.
“Private equity firms are quite mobile in their ability to operate out of different jurisdictions, and these regulations will be an incentive for them to relocate their business elsewhere.”
However, the British Private Equity and Venture Capital Association (BVCA) insisted the situation was under control.
Margaret Chamberlain, a partner at Travers Smith who is chairman of the BVCA's Regulatory Committee, said that the BVCA was in the process of completing guidelines setting out how law firms could comply with the regulations. These would then be approved by HM Treasury and offer law firms a "safe harbour" for following the new rules.
She added that although the Treasury has not yet approved the guidelines, there was "no reason to think they would be unhelpful" on the issue.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
£353 per day
Phonepay Plus
London
PwC’s Consulting practice helps businesses of all shapes and sizes work smarter and grow faster
PwC
£37,000
Department for Culture, Media and Sport
London
Currently £36,285
Department for Culture, Media and Sport
London
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Accommodation, flights, tickets to the race and a KL city tour for only £999pp
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.