December 2023 saw the publication by the EU of the near-final version of its ‘Banking Package’ that makes significant changes to the Capital Requirements Directive known as ‘CRD VI’. This article is going to focus on the CRD VI prohibition on the provision of cross-border ‘core banking services’ into the EU by non-EU institutions; currently, it is up to individual European member states to decide whether and how non-European institutions can provide services to their citizens, and that is going to change and national waivers currently in place will terminate.
The Fund Finance Association has announced the agenda for the upcoming European Fund Finance Symposium! The event is an excellent opportunity for private equity industry professionals to network, exchange ideas, and learn from some of the most influential leaders in the field.
Although we all still remember the after effects of the 2007-08 financial crisis, we’re actually still feeling the impact of the Great Depression in our loan documents. The Crash of ’29 was precipitated in part by margin lending, a popular tool in the early 1900s to enhance infrastructure investments by allowing the purchase of stock with borrowed funds where the stock acted as collateral for the loan. A rush on margin calls as stock prices collapsed wiped out fortunes and eventually led the Federal Reserve Board to issue margin regulations. Better known to fund finance practitioners as Regulations T, U and X, they appear almost universally in our credit agreements and opinions. This article provides an introduction to these regulations and how they may be related to fund finance transactions generally. Although note that certain fund finance transactions require a deeper dive into the margin regulations. Stay tuned!
Conservative structures that prioritize debt repayment and limit leverage supported consistent performance for Fitch rated PE CFOs in recent months despite a decline in distributions. Overcollateralization and improving liquidity ratios (distributions to capital calls) are expected to support deal performance in 2024. The full report is available via subscription here.
Join Scott Aleali, Head of Private Equity Finance at Citizens Bank, and Jeff Maier, Senior Managing Director - Private Equity Finance at Citizens Bank, with special guest Neil Keegan, Co-Managing Partner and CEO of Marlinspike, for the latest episode of Fund Fanatics!