Mr. Speaker, I would like to thank my friend from Massachusetts for the time and Ranking Member Waters for being willing to hear different perspectives on this bill from our side. I want to start by saying that Dodd-Frank, which I think I…
Mr. Speaker, I would like to thank my friend from Massachusetts for the time and Ranking Member Waters for being willing to hear different perspectives on this bill from our side.
I want to start by saying that Dodd-Frank, which I think I can say I contributed more than my share to, was, on balance, a very good and very important thing. The dragging of derivatives into the light of day, trading on exchanges, clearing through clearinghouses, the creation of the CFPB, taking steps to eliminate too big to fail, there is lots of stuff in Dodd-Frank which is important and good.
But not everything in Dodd-Frank is important and good. Like all other works of mortals, there are things in this that are probably unintended and perhaps overreaching. I happen to believe that the requirement that private equity funds register with the SEC is one of those areas.
Why is that?
First, private equity funds, as has been pointed out on the floor today, were a million miles from the bad mortgages from Fannie Mae, from Freddie Mac, from the subprime mortgages, from all of those things that caused the failures in 2008. They weren't anywhere close.
Secondly, investor protection is important, but, by law, the only people who can invest in these funds are accredited investors or institutional investors who don't just sign up. They hire attorneys to negotiate partnership agreements. They negotiate with these private equity funds for disclosure, for the terms, and all of those sorts of things. So we are not talking about retail investors here.
Finally, the issue of leverage. We have finally gotten to the point where people acknowledge that these are not large leverage funds. The point is made that the leverage is at the investment company level. That is true. Private equity firms do buy companies, invest in them, and then those companies take on leverage. The average leverage across the entire universe of private equity-sponsored companies is less than 3 to 1. It is not 30 to 1, but 3 to 1. It is less than 3 to 1. By way of comparison, hedge funds, on average, are leveraged 15 to 1. Lehman Brothers, when it went down, was leveraged in excess of 30 to 1. We are talking about companies which are assuming the same kind of debt that any other small business assumes out there, less than 3 to 1.
What we have happening right now is we have examiners and the intention and the resources of the SEC, which has terribly important missions around real estate and mortgages and derivatives and finding the next Bernie Madoff, going to $175 million funds and
examining these funds on behalf of the sophisticated investors. That does not make sense.
Dodd-Frank exempted venture capital funds from this registration requirement. Venture capital funds do the exact same thing with the exact same investors that private equity funds do; they just do it in an earlier stage in the company's history. The only reason for that exemption is that we like venture capital funds more than we like private equity funds. They sound better. They make nice things in garages in Palo Alto. Private equity sounds more ominous; therefore, they have been subjected to registration.
Mr. Speaker, we exempted venture capital funds from the Advisers Act of 1940 registration. The same set of investors, same types of investing. Actually, a more risky asset class than private equity. We exempted them for no other reason than that we like venture capital better than we like private equity. That is fine. But in statute and in regulation, we should be consistent.
So I think that you can argue that venture capitalists should be subject to the same kind of registration requirements that private equity is or you can argue, as I do, that probably both types of funds don't need to be registered under the Advisers Act of 1940, but you can't support Dodd-Frank and say venture capitalists are exempt and private equity is not and be consistent in policy.
So I urge my colleagues, in the interest of balancing a very good piece of legislation, to support H.R. 1105.