是法律还是律师?全球投资契约研究

Is it the Law or the Lawyers? Investment Covenants around the World*

European Financial Management · 2006
被引 56
人大 A-ABS 3

中文导读

基于17国50只私募基金数据,分析法律环境与法律背景经理人对投资契约使用频率的影响,发现法律实践因素比法律环境更重要。

Abstract

Abstract This paper introduces a new dataset from 50 private investment funds from 17 countries around the world. We analyse the frequency of use of investment covenants imposed by institutional investors governing the activities of private investment fund managers in areas pertaining to investment decisions, investment powers, types of investments, fund operations and limitations on liability. While the data indicate a role for country legality in affecting the frequency of use of fund covenants, the data further indicate that the presence of legally trained managers has a more pronounced role in affecting the use of covenants. As private equity and venture capital investment increases across Europe and elsewhere, our results indicate that legal practice factors will matter more than the legal setting for the establishment of covenants governing new funds.

投资契约法律起源法律实践基金经理法律背景