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ARTICLE · 03 SEPTEMBER 2018

Managing And Valuing Hard To Value Assets: A Legal Perspective

The manager's valuation obligations are probably one of the least understood and most problematic areas which managers have to grapple with as part of their daily operations.

MaltaFinance and Banking

Managers of alternative asset classes have several challenges ahead of them when launching a new fund or in their day to day management of asset classes such as private equity, venture capital, real estate or distressed debt to mention a few. Most of these challenges would typically relate to segregation and independence of the manager's key functions, namely portfolio management, risk management, compliance, valuation and remuneration.

In  our  experience,  the manager's  valuation  obligations are probably one of the least understood and most problematic areas which managers have to grapple with as part of their daily operations.

The focus on valuation (of the fund's assets) was introduced by the Alternative Investment Management   Directive   (AIFMD). Prior to  the introduction  of  the AIFMD, life was certainly more straightforward for the manager who  was  more concerned  with their portfolio management functions than worrying about the valuation of the

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