New journal article: Limited partnership law and private equity: an instance of legislative capture?

Elspeth Berry, ‘Limited partnership law and private equity: an instance of legislative capture?’ (2018) Journal of Corporate Law Studies, forthcoming in hard copy.

A limited number of free e-copies are available at https://www.tandfonline.com/eprint/3N5vFFjxbgF2Jwnvz5dg/full

Abstract

The number of limited partnerships in the UK has grown rapidly since the 1980s, largely due to the use of the limited partnership vehicle by private equity. The political and economic influence of private equity has enabled it to exert considerable influence on the UK government amounting to legislative capture, and this in turn has driven reforms to limited partnership law, predominantly deregulation, for the sole benefit of private equity. This distortion of the partnership legislation disadvantages other users or potential users of the limited partnership vehicle, since the private equity-inspired reforms do not apply them, and other reforms which would be of benefit to them have been ignored. Furthermore, reduced regulation is in some respects harmful to private equity itself, and the overall result is harm to the wider economy.

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