“Principles 3.0,” the Institutional Limited Partners Association (ILPA) guidelines for private equity best practices, hit the press yesterday. Subscription facility-related provisions generally had been well-telegraphed. Specific recommendations included the following:
Performance reporting during fundraising and over the life of the fund should cover returns with and hypothetically without the use of such facilities.
The use of credit facilities with terms longer than one year should be subject to limited partners advisory committee approval.
Subscription facilities terms should be disclosed or made available to LPs on request.
LPs should be offered the option to opt out of a facility at the onset of the fund.
At fund close, or at the facility close, material terms of the facility should be disclosed to all LPs.
ILPA is working towards publishing a model LPA.
The subscription facility recommendations are but a subset in a comprehensive set of guidelines. The full publication is available here. We expect to return to the topic with further analysis.