Indian Country is America’s domestic emerging market, and as in a number of emerging markets, many successful businesses in Indian Country are starving for expansion capital. The US Treasury estimates that the private equity deficit in Indian Country is $44 billion. While the handful of wealthier tribes might be logical investors in private equity funds deploying capital in Indian Country, the existing securities laws present a significant impediment. In particular, Regulation D of the Securities Act of 1933 does not treat tribes as “accredited investors,” thus denying those tribes the ability to participate in the private equity market. Since there is no principled reason to exclude tribes from the list of accredited investors, this article makes the case for extending accredited investor status to tribes.
Indian and Aboriginal Law | Law and Economics
Date of this Version
Gavin Clarkson, "Accredited Indians: Increasing the Flow of Private Equity into Indian Country as a Domestic Emerging Market" (March 2008). University of Michigan Program in Law and Economics Archive: 2003-2009. Working Paper 82.