Corporate Governance and Responsible Investment in Private Equity

Company Law › Company Secretarial / Corporate Governance / Compliance / ESG / Commercial

Corporate Governance and Responsible Investment in Private Equity

By Simon Witney
Cambridge University Press July 2022

Specifications

ISBN-13
9781108725316
Publisher
Cambridge University Press
Publication
July 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Private equity-backed companies are ubiquitous and economically significant. Consequently, the corporate governance of these companies matters to all of us, and – not surprisingly – is coming under increasing scrutiny. Simon Witney, a practicing private equity lawyer, positions private equity portfolio companies within existing academic theory and examines the laws that apply to them in the UK. He analyses the actual governance frameworks that are put in place and identifies problems created by the legal rules – as well as the market's solutions to them. This book not only explains why these governance mechanisms are established, but also what they are expected to achieve. Witney suggests that private equity owners have both the incentives and the capability to focus on responsible investment practices. Good governance, he argues, is a critical success factor for the private equity industry.

Table of Contents

Introduction
Part I. How Should Private Equity Governance Systems Look?:
1. Mapping an analytical framework
2. Private ordering in private equity and its implications
Part II. What Actually Happens?:
3. Agency cost mitigation
4. Improving decision-making and protecting wider interests
Part III. Corporate Governance Regulation in the UK and Private Equity's Response:
5. The relevance of business judgement regulation
6. Dealing with the duties to avoid and disclose conflicts of interest
7. Rules affecting the exercise of power by shareholders and their nominated directors
8. Recent corporate governance reforms, best practice codes and their impact
Part IV. How Governance Can Affect Corporate Performance:
9. How do academics explain private equity outperformance? 10. Improving governance to improve performance
Conclusion. Corporate governance and responsible investment
Bibliography
Index
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