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European Funds Comment: Unlocking UK Pension Fund Money for Private Equity

Reported by Debevoise
Nov 23, 2018· 3 min read
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Key Takeaways
  • • UK-based pension funds invested approximately €1.85 billion in European private equity and venture capital funds as of 2017, indicating existing but limited cross-border capital flows into alternative assets.
  • • The UK government's policy approach toward private equity and venture capital has been inconsistent, simultaneously advancing reforms (such as 2017 limited partnership updates) while introducing potentially restrictive regulatory changes under ongoing consultation.
  • • The Patient Capital Review, with an update published in October 2018, has prioritized removing barriers to pension fund investment in "patient capital"—a strategic focus on channeling institutional capital toward innovative, high-growth companies across Europe.
  • • Tax implementation in the UK has not consistently supported the government's stated objective of enhancing the UK's position as a global asset management center, creating potential friction between regulatory intent and market reality.
  • • Pension fund allocation to European private equity and venture capital remains a policy priority, with the UK government maintaining active dialogue with the private funds industry to stimulate investment flows.
Summary
The UK government's regulatory approach to private equity and venture capital has demonstrated contradictory impulses, according to analysis from Debevoise & Plimpton LLP's European Funds Comment series. While the government has articulated an ambition to strengthen the UK's competitive position as a global asset management center, policy implementation has not consistently aligned with this objective. This disconnect has created uncertainty for market participants seeking clarity on the long-term regulatory environment for alternative asset management.

In 2017, the UK government delivered a substantive reform package for the limited partnership framework, the primary vehicle for private fund structures in the UK. This update addressed longstanding industry requests for modernization. However, simultaneously, the government initiated a consultation on additional limited partnership law reforms whose provisions have raised concerns within the industry—a consultation process that remained ongoing as of November 2018. This parallel advancement of both market-supportive and potentially restrictive measures has created mixed signals about government intentions.

A critical policy development has centered on pension fund capital allocation to alternative assets. UK-based pension funds already maintain exposure to European private equity and venture capital vehicles, with approximately €1.85 billion invested as of 2017. The Patient Capital Review, with updates published in October 2018, has explicitly focused on identifying and removing investment barriers for pension funds seeking exposure to patient capital—long-duration investments in innovative, high-growth companies. This represents a strategic push to unlock institutional capital currently sitting outside alternative asset allocation.

Tax policy implementation has emerged as a particular friction point between stated government objectives and practical market outcomes. While regulatory authorities have promoted policies intended to enhance the UK's asset management competitiveness, certain tax rules have created headwinds rather than tailwinds for the sector. Industry stakeholders acknowledge that Brexit-related governmental bandwidth constraints may have contributed to slower-than-desired policy progress, though ongoing initiatives like the Patient Capital Review suggest continued commitment to regulatory evolution favoring alternative capital formation.

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Sources

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Debevoise European Funds Comment: Unlocking UK Pension Fund Money for Private Equity