“The future of Private Equity & Venture Capital” – Laura Black, Akin Gump Strauss Hauer & Feld

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“Funds with US general partners will be prohibited in investing in certain Chinese companies.”
– Laura Black, Akin Gump Strauss Hauer & Feld

PANEL – The Future of Private Equity and Venture Capital: Insights on capital deployment, sector-specific opportunities, cross-border regulations, and the shifting valuations. How macroeconomic conditions are influencing deal flow and exit strategies. Insights into investing in high growth tech companies that serve the institutional financial markets ecosystem.

Discover intricacies of PE/VC investing, its future, cross -border regulation and more and get the answers from our expert speakers featuring:

Moderator
Shifra Ansonoff – Global Head of Customer Experience, Preqin
Speakers:
Michael Kraslow – Head of US Venture Capital, Mirae Asset Global Investments
Greg Grimaldi , Managing Partner, NEXT Investors
Lisa Sun, Managing Director & Co-Head Secondaries, BlackRock
Lee Gardella – Head of Private Equity, North America, Schroders
Laura Black, Senior Counsel, Akin Gump Strauss Hauer & Feld LLP

Transcript:
(00:00:00) given you’ve had previous experience in m& advisory as well but also all your regulatory experience what are some things that fund managers ought to keep in mind when they’re selecting opportunities where there may be some restrictions China technology sure so actually it was quite good timing for the panel today that treasury issued a new rule just last night regarding investment in China so last year President Biden issued an executive order that will prohibit certain us investment in Chinese sensitive
(00:00:33) technology sectors and require notification of certain other transactions so treasury issued the final regulations for that EO last night that will come into effect on January 2nd so here the focus is on more active Capital that provides management expertise access to markets and other intangible benefits private Equity Funds VC funds and operating companies have clearly been in the cross shes while publicly traded Securities and investments in ETFs and index funds will be accepted so what this means is that
(00:01:08) funds with us General Partners will be prohibited in investing in certain Chinese companies that undertake activities with respect to semiconductors Quantum Computing and artificial intelligence and then certain other transactions will be required to be notified to the government for them to collect information to potentially take further regulatory action action so with respect to the Technologies more advanced semiconductors are subject to the prohibition but pretty much the whole semiconductor supply chain falls
(00:01:40) under the rule Quantum is focused on prohibitions there’s not so much cross bber investment there and then the wild card has been AI because as we all know that’s difficult to Define so treasury has tried to focus the prohibitions on technologies that are are targeted for military intelligence and use or develop with certain computing power but the notification provision is still rather Broad and although notification is certainly better than prohibition that will result in compliance cost certain
(00:02:11) us LP Investments through foreign funds will also be covered uh us funds that have controlled foreign entities in third countries will have to be sure they comply and then us persons who are on investment committees board members officers and directors will have to recuse themselves from these kind of decisions in third countries um so we’ve been helping a lot of clients prepare for that with recusal policies eing up due diligence procedures and updating fund and other documents

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