Trends in PE Fund Governance Terms and Implementation of Key Investor Protections

MJ Hudson recently released its third and final report (Report) discussing the results of its survey of PE funds that came to market or raised capital in 2018. The Report outlines governance issues relevant to PE funds and examines trends in investor protections emerging from the survey, including general partner removal standards, change of control provisions, key person events, most favored nation clauses, indemnification, conflicts of interest and more. MJ Hudson also considered the extent to which PE funds’ practices comply with the recommendations made by the Institutional Limited Partners Association in its PE Principles. This article summarizes MJ Hudson’s key findings from the Report. For recent PE industry analysis from MJ Hudson, see “Trends in Key PE Terms Impacting Alignment of LP and Manager Interests” (Nov. 19, 2019); and “Trends in PE Funds’ Core Economic Terms and Adoption of Recent ILPA Recommendations” (Sep. 24, 2019).

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