Private equity (PE) financing is money invested by PE firms in privately owned businesses. PE financing is often used to buy out some or all of the ownership interests of the owners of a business (target company). PE firms often use debt to finance these buyout transactions—with the target company taking on significant loans to secure the money (capital) to buy out the current owners of the business. The target company must, of course, pay back these loans from its lenders, with interest. Because of this use of debt financing, these buyouts have traditionally been called leveraged buyouts (LBOs).
In Texas, private equity (PE) financing operates under both federal securities laws and state regulations. PE firms typically invest in privately held companies, often structuring transactions as leveraged buyouts (LBOs) where the acquisition is financed significantly through debt. The target company assumes this debt, which is expected to be repaid with interest. Texas follows the federal legal framework, primarily the Securities Act of 1933 and the Securities Exchange Act of 1934, which govern the offering and sale of securities to protect investors. Additionally, the Texas Securities Act provides state-level regulation of securities transactions within the state. PE firms must also be aware of the Texas Business Organizations Code, which outlines the legal requirements for business transactions, including mergers and acquisitions. It is important for PE firms to comply with these regulations to ensure the legality of their financing activities. Companies involved in LBOs should consult with an attorney to navigate the complex legal landscape and to ensure compliance with all applicable laws and regulations.
