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The $25bn clawback liability 

26.09.2024  –  Articles

 

New study reveals scale of clawback risk created by the American waterfall structure.

A recent report from Upwelling Capital highlights how the American carry distribution model, where GPs receive carried interest early in a fund’s life, can lead to clawback liabilities if the fund underperforms later.  

The report outlines a hypothetical fund with an American distribution waterfall to illustrate how a clawback liability is created. The imagined fund gets off to a good start with some early exits, placing the fund above its cumulative 8% IRR threshold. This allows the GP to take carry distributions that are earned as of year three.

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