Private equity funds, known for holding shares in private companies, have recently come under scrutiny for their valuation practices. Unlike public markets, where a company’s value is immediately reflected in its share price, private equity funds often evaluate their holdings quarterly or annually. This delay, combined with the influence of fund managers, can sometimes lead to inflated valuations that border on the unrealistic.

While these valuations must be approved by the fund’s auditors, there are instances where auditors may be persuaded to agree with the manager’s suggested valuation, even if it later proves to be excessive. This raises the question: under what circumstances can investors file claims against managers for unexpectedly writing down a valuation?

Grounds for Claims:

  1. Trading Based on Inaccurate Valuations: If investors traded units in the fund based on an inflated valuation, only to discover a significant devaluation shortly after, they may have grounds for a claim.
  2. Investing or Redeeming Interests: Investors who either invested in the fund or redeemed their interests based on an inaccurate valuation can potentially file for compensation.
  3. Secondary Transactions: If one investor sold to another based on a misleading valuation, both parties might have a valid claim.

It’s crucial for investors to be vigilant and informed. While the above scenarios provide potential grounds for claims, it’s essential to consult with legal experts when considering action against fund managers.

Please do not hesitate to contact us if you wish to explore this topic further.

Disclaimer:  This article provides general information only.  It is not comprehensive and does not constitute the provision of legal, investment or regulatory advice.  FSREG is not responsible for any action taken or omitted to be taken on the basis of the information contained in this article.  © 2023 FS REG Limited (  All rights reserved.