Why Recent Legal Decision Private Equity9 min read
In a recent legal decision, the Ontario Superior Court of Justice ruled that private equity firms are not subject to the province’s Securities Act. The ruling was a victory for the private equity industry, which has been lobbying for such a decision for several years.
The Securities Act is a provincial statute that regulates the offer and sale of securities in Ontario. It requires firms that offer or sell securities to register with the Ontario Securities Commission (OSC), and to disclose certain information to investors.
The private equity industry has long argued that it should not be subject to the Securities Act, because private equity firms do not offer or sell securities. Rather, they invest in and buy stakes in businesses.
The Ontario Superior Court of Justice agreed with the private equity industry, ruling that private equity firms are not subject to the Securities Act. The court found that the definition of “security” in the Securities Act does not include investments in businesses.
The ruling is a victory for the private equity industry, which has been lobbying for such a decision for several years. It is also a blow to the Ontario Securities Commission, which has been trying to regulate the private equity industry.
The Ontario Superior Court of Justice’s ruling is the latest in a series of rulings by Canadian courts that have found that private equity firms are not subject to securities regulation. In 2013, the Quebec Superior Court ruled that private equity firms are not subject to the Quebec Securities Act. And in 2015, the Federal Court of Appeal ruled that private equity firms are not subject to the federal Investment Canada Act.
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Why do companies take private equity?
For businesses, there are several advantages to taking private equity.
First, private equity investors typically have more patience than public shareholders. A company that is taken private can often take the time it needs to execute a longer-term turnaround plan without worrying about the demands of quarterly earnings reports.
Second, private equity investors can provide companies with much-needed capital. This can be especially helpful for companies that are struggling to meet their financial obligations or that need to make costly investments in order to grow.
Third, private equity investors often have extensive knowledge and experience in the industries in which they invest. This can be a valuable resource for companies that are looking to expand or to make strategic changes.
Finally, private equity investors typically have a longer time horizon than public shareholders. This means that they are more willing to wait for a return on their investment, and they are less likely to sell their stake in a company prematurely.
Why is private equity controversial?
Private equity has been around for centuries, but it’s only been in the past few decades that it’s become a controversial topic. There are a variety of reasons why private equity is controversial, but the most common ones are the way that private equity firms can use their power to exploit companies and the workers within them, and the way that they can use their power to influence the political process.
Private equity firms are able to exploit companies and their workers in a variety of ways. One of the most common ways is by loading the company with debt in order to take out large profits for themselves. This can leave the company vulnerable to defaulting on its debt, which can lead to layoffs and other negative consequences for the workers. Private equity firms can also use their power to strip companies of their assets and sell them off piece by piece. This can lead to the company going out of business, and the workers losing their jobs.
Private equity firms can also use their power to influence the political process. One way they do this is by donating money to political candidates and Super PACs. This can help them get favorable treatment from the government, such as tax breaks and exemptions from regulations. They can also use their power to get government contracts. This can give them an unfair advantage over their competitors, and can lead to taxpayers losing money.
There are a variety of reasons why people are opposed to private equity. Some people feel that it’s inherently wrong to take advantage of companies and their workers in the way that private equity firms do. Others feel that private equity firms have too much power and that they’re using it to influence the political process in a way that’s not in the best interest of the American people. Whatever your reason for being opposed to private equity, it’s important to understand why it’s controversial and the effects that it can have on our economy.
What is private equity legal work?
Private equity legal work refers to the legal work that is carried out by law firms in order to support private equity firms. This can include anything from drafting and negotiating investment agreements to helping with the sale or acquisition of companies.
Law firms that work with private equity firms need to have a good understanding of the industry and the types of transactions that take place within it. They also need to be able to quickly and effectively respond to any legal issues that may arise.
Working with private equity firms can be a lucrative source of business for law firms. However, it can also be challenging as the private equity industry is constantly evolving and the transactions that take place can be complex.
If you are a lawyer who wants to work with private equity firms, it is important to have a good understanding of the industry and the types of transactions that take place within it. You should also be able to quickly and effectively respond to any legal issues that may arise.
Why is private equity so good?
Private equity is a term that is used to describe investments that are not listed on a public exchange. These investments can be made in a company, a group of companies, or a fund that invests in a group of companies. Private equity investments are often made in companies that are not performing as well as they could be or in companies that are in the early stages of their development.
There are a number of reasons why private equity is a good investment. First, private equity investments are typically made in companies that are not performing as well as they could be. This means that there is potential for a high return on investment. Second, private equity investments are typically made in companies that are in the early stages of their development. This means that there is potential for a high return on investment as the company grows.
Third, private equity investments are typically made in companies that are not listed on a public exchange. This means that the company is not as well known and that there is less competition for the investment. Finally, private equity investments are typically made in companies that are not as well known. This means that there is less competition for the investment and that the company is more likely to accept the investment.
What happens when company is bought by private equity?
When a company is bought by a private equity firm, there are a few things that happen.
First, the private equity firm will likely do a thorough review of the company’s financial situation. They will want to know how much debt the company has, how much money it is making, and how much money it could make in the future.
The private equity firm will also want to know what the company’s assets are worth. They may want to sell some of the company’s assets in order to pay off its debt.
The private equity firm may also want to make changes to the company’s management or operations. For example, they may want to lay off some employees or close some stores.
Ultimately, the private equity firm wants to make a profit on its investment. They will likely sell the company sometime in the future, and they will make a profit on the sale.
How does private equity destroy companies?
Private equity firms have been in the news a lot lately, and not for good reasons. The Atlantic recently ran an article called “How Private Equity Destroyed Toys “R” Us”, and it’s a pretty damning indictment of the industry.
So, how does private equity destroy companies?
The basic idea behind private equity is that a company can be taken private, meaning that it’s no longer listed on a stock exchange and is instead owned by a small group of investors. This can be a good thing for a company that’s in trouble, because it can give them some breathing room to restructure and turn things around.
The problem comes when private equity firms use their power to saddle companies with massive amounts of debt. This debt can be used to pay back the investors, but it can also be used to give the private equity firm a big payday. This is known as a “leveraged buyout”.
Once a company is burdened with all this debt, it can be very difficult to pay it back. The interest payments on the debt can be crushing, and the company may not be able to generate enough cash to cover them. This can lead to the company going bankrupt, and the private equity firm can walk away with a big payday.
Toys “R” Us is a perfect example of this. The company was taken private in a leveraged buyout in 2005, and it was quickly saddled with billions of dollars in debt. The interest payments on the debt were so high that the company couldn’t generate enough cash to cover them, and it went bankrupt in 2018. The private equity firm that owned Toys “R” Us made a fortune while the company went bankrupt.
So, private equity can be a good thing for companies that are in trouble, but it can also be a very dangerous thing. The debt that private equity firms saddle companies with can lead to them going bankrupt, and the private equity firm can walk away with a big payday.
What are the problems of private equity?
Private equity firms have come under scrutiny in recent years for a number of reasons. First, their fees are often very high, and they can exact a large toll on the companies they invest in. Second, they can be quite ruthless in their pursuit of profits, often forcing companies to make short-term decisions that may not be in their long-term best interests. Third, they can be quite secretive, often refusing to disclose the terms of their deals or how they are performing. Finally, they can be quite risky, with some firms going bankrupt after making bad investments.