This is the fourth in our series of GT Alerts reporting on the House of Lords Financial Services Regulatory Committee (the Committee) inquiry into the non-bank financial institutions (NBFI) sector.

Our first three GT Alerts have focussed, in some detail, on whether banks and NBFIs should be treated differently from a prudential regulation perspective. The evidence provided to the Committee by a number of witnesses has identified that banks, as a result of being authorised to take deposits from the public and by providing access to the money transmission systems, are in a different position from NBFIs and, to that extent, arguably have less systemic significance. Investors in NBFIs, debt funds in particular, have access to information and the ability to undertake due diligence on the debt fund advisors and negotiate the investment parameters.

In this GT Alert, we consider in more detail whether, even though different from banks, NBFIs nonetheless pose systemic risks. This is a matter that the Committee has focussed on from the outset. However, before considering the evidence presented to the Committee, we will examine what happened to the once-famed hedge fund, Long Term Capital Management or LTCM, which we referred to in our previous GT Alert.

Click here to read the full GT Alert.

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Photo of Partha S. Pal Partha S. Pal

Partha S. Pal focuses his practice on the financing of commercial real estate assets. Partha has led the execution of transactions involving real estate assets in the UK, Germany, France, Italy, Belgium, the Netherlands, Spain, Portugal, Sweden and Finland, as well as in…

Partha S. Pal focuses his practice on the financing of commercial real estate assets. Partha has led the execution of transactions involving real estate assets in the UK, Germany, France, Italy, Belgium, the Netherlands, Spain, Portugal, Sweden and Finland, as well as in South Korea, PRC, and Hong Kong.

Partha’s experience covers the whole spectrum of commercial real estate lending arrangements, acting for both bank and non-bank lenders as well as for borrowers. He has experience of all major commercial real estate asset types including assets which involve active operation such as student accommodation, common work spaces, petrol stations, data centres and private rented sector/build to rent assets. In addition, he has deep experience of loan-on-loan financing and loan repo arrangements as well as sophisticated capital markets products relating to commercial real estate, particularly commercial mortgage backed securities and real estate related non-performing loan securitisations. He also advises regularly on regulatory matters relating to investments in securitised products, particularly in relation to risk-retention considerations.
Given his long experience of the securitisation and structured finance markets, Partha has and continues to advise on structured financing transactions involving other asset classes such as residential mortgage loans, commercial loans, consumer loans, trade receivables, equipment lease receivables, and credit card receivables.

Partha joined Greenberg Traurig, LLP in November 2018 from another leading U.S. law firm’s London office.

Photo of Tim Dolan Tim Dolan

Tim Dolan advises clients on UK and European financial services matters, utilising his background of working for international financial services regulators. He focuses on whether institutions and fund structures are subject to UK and European regulation and on advising on the interpretation of…

Tim Dolan advises clients on UK and European financial services matters, utilising his background of working for international financial services regulators. He focuses on whether institutions and fund structures are subject to UK and European regulation and on advising on the interpretation of the Financial Conduct Authority’s and the Prudential Regulatory Authority’s rule books. He supports firms and individuals when they need to engage with financial services regulators (including with breach; change of control and waiver notifications as well as authorisations) and helps clients (typically fund managers; investment firms; banks; and payment firms) prepare for regulatory change. Increasingly Tim is also advising fund managers and institutions on the impact of ESG regulation.