The U.S. Securities and Exchange Commission (SEC) outlines the requirements for becoming a qualified purchaser under the Investment Company Act of 1940. The process doesn’t involve any complex regulatory filings or licenses. Instead, becoming a qualified purchaser is a self-certification process where an individual, trust, or institutional investor provides documentation showing a level of financial resources and sophistication that’s deemed adequate for investing in higher-risk private investments. So, what exactly does the designation allow you to do and what are the benefits that come with being a qualified purchaser?
Expanding investment horizons
Because a qualified purchaser is an individual or entity that meets specific financial criteria, they often have access to higher-risk private investment opportunities that are considered off-limits to investors in publicly traded securities. Of course, the flip side of higher risk is typically the potential for higher reward and opportunities to enhance portfolio returns.
Private investments can also add an important element of diversification by investing in areas that are less correlated with publicly traded stocks and bonds. In addition, private asset classes have historically produced better returns after fees than U.S. equities and high-yield bonds (from 2000-2020).1
Types of private market investments
The universe of privately held assets is estimated to be more than five times larger than public markets.2
One example of a private market investment is venture capital (VC), an area of private investing that often relies on qualified purchasers to invest in their projects due to the higher-risk, higher-reward nature of the industry. Examples include startups, growth equity, late-stage investments, buyouts, secondary investments, restructurings, spin-offs, special purpose acquisition companies (SPACs), and ESG initiatives.
Different types of non-publicly traded funds are also available to qualified purchasers:
- Private equity funds often invest directly in private companies, offering diversified pooled investments in private markets.
- Private credit – investments are a form of “real assets,” which contain physical assets we see in everyday life like bridges, roads, highways, sewage systems, etc.
- Real estate funds invest in development projects, commercial properties, and real estate investment trusts (REITs).
- Infrastructure – investors combine or pool their capital and enable the manager of the fund to make investments in loans to various private companies.
Risks and other opportunities
It’s important to note that investing in private investments comes with its own set of risks and considerations. Investors should carefully consider the following before they invest:
Lack of liquidity: Private investments are, by definition, less liquid than traditional assets. This means that selling them quickly, if needed, is difficult at best. Advisors should always therefore ensure clients have suitable liquidity outside any allocation to private investments.
Higher costs: Private investments often come with higher fees and expenses compared to traditional investments. Such fees typically include fund management fees, performance fees, and operational costs.
Long-term holding periods: Investors allocating to private investments should expect to hold those investments for approximately 10 – 12 years. This is significantly longer than the typical holding period for most public investments. Further, most private investment funds slowly return capital to investors over a period of years as managers slowly sell off the funds’ portfolio companies. Said differently, with private investments, investors should not expect to see a return of their capital all at once.
Lack of information: Compared to registered investment vehicles like mutual funds and ETFs, publicly available information on private investment funds is relatively limited.
Complexity and due diligence: Private investments can be complex and require a deeper understanding of the underlying assets and strategies. Thorough due diligence by an investment team with deep experience in private assets is critical.
Regulatory and tax considerations: Some private investments are subject to regulatory restrictions and may have specific legal requirements that need to be considered prior to investing. For example, some fund structures are open only to qualified purchasers with more than $5 million in invested assets; others are open to individual Accredited Investors with documented incomes of at least $200,000 in AGI or $1 million in net worth (excluding primary residence). Additionally, tax accounting for private investments is almost always more complicated than it is for public investments. Investors in private investments require more sophisticated tax expertise; having a CPA with knowledge of such matters is a must.
Higher risk: While private investments can offer attractive returns, they also come with greater risks, including the potential for loss of capital. It’s important to carefully assess your risk tolerance, liquidity needs, and financial planning objectives before investing in private assets.
Investor experience: K1’s are distributed for many private market investments instead of 1099’s and their timing can be irregular – you will most likely need to file an extension with the IRS. After you commit capital to a private market investment, it can take years for that capital to be called (used by underlying manager for investments), can be called at any time, and you must earmark those committed funds for future investments.
Takeaway
A qualified purchaser is a sophisticated investor with the financial resources to take on the risk associated with some investments in the private markets. With higher risk comes the possibility of higher returns and more diversified portfolios. If you are interested in learning more about the benefits of being a qualified purchaser and private markets, contact us.
1 Burgiss, Yahoo! Finance, FRED Economic Data, as of February 2024, for January 1, 2000 to January 1, 2020.
2 McKinsey Global Institute, “The Rise and Rise of the Global Balance Sheet,” 2021.
