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Private Credit – Its Role In Global Finance: A View From Offshore

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Private Credit – Its Role In Global Finance: A View From Offshore

The following article, from an offshore law firm, looks at the rise of private credit, how it works, its place in wealth management, and more.


The following article comes from Michelle Frett-Mathavious,
partner in the BVI office of offshore law firm Harneys. She talks about the
world of private credit, which has expanded rapidly in recent
years, fuelled to some degree – until two years ago – by
more than a decade of ultra-low interest rates and tighter
capital regulations on traditional banks after the 2008 market
crash. 


The rise in interest rates since the pandemic has shifted the
equation. The International
Monetary Fund recently
raised a red flag about potential systemic risks in the
growth of such “shadow banking.” Even so, the editorial team
continues to be regularly regaled about the benefits of private
credit and why wealth managers should use it for clients. We
will cover this market with a balanced view, mindful of how the
long-standing financial trends can be repackaged in new
guises. 


The editors are pleased to share this content; the usual
editorial disclaimers apply. Email tom.burroughes@wealthbriefing.com
if you wish to respond.


The rise of private credit

Global events of the past decade in particular have done nothing
if not reinforce the notion of change as the one constant. One
area in which the adage certainly resonates is within the global
finance system which has itself borne witness to a changing
landscape, characterised in many ways by what appears to be a
supplanting of the dominance of traditional bank lending with
various alternative lending strategies deployed by private credit
lenders. 

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The vacuum created by the largely retrenched position of banks
has opened wide the door for alternative sources of financing for
borrowers. As private credit (or private debt as it is also
known) continues to amass more and more of the market share
previously enjoyed by traditional bank lending, it seems certain
that the somewhat subtle shift in the lending market is here to
stay.


What could well have been little more than lightning in a bottle,
has planted roots and some may say, grown wings since its
emergence. The gradual but steady rise in alternative credit
originated more than a decade ago as a direct result of what is
now commonly known to most as the global financial crisis.
Resulting from the meltdown across the global financial system
which occurred in 2007/2008 was the creation of certain market
conditions and investor demand for alternative sources of credit
to plug a gap left by the traditional banking system. Tough
conditions often act as catalysts for change and the prevailing
conditions at the time ultimately gave life to the alternative
lending sources that we see at play within the finance system
today.


The market has grown to a position where at the beginning of
2023, it was valued at approximately $1.4 trillion, with an
estimated growth trajectory of $2.8 trillion by 2027. By any
measure, this signifies the importance of private credit to
global finance and lenders operating within the space, who span
the gamut from private equity to varying types of funds and
institutional investors such as hedge funds. Alternative
investment funds have significant sums of money at their disposal
for lending. 


This makes the market an undeniably important source of financing
for corporates seeking capital and as a counterpoint to the
borrower perspective is that of the lenders within the space. The
market operates to serve dual interests and as an investment
strategy, engaging in private lending has proven very lucrative
for the investment portfolios of many private lenders. As long as
this continues to be the case, the greater the likelihood that
the alternative sources of funding associated with private credit
will continue to command the market share it has carved out for
itself.


The impact of private credit

The impact of the more recent global events relating to the
Covid-19 pandemic, elevated inflation and ongoing regulatory
pressures for banks (particularly regarding issues such as
regulatory capital requirements for banks) has stifled bank
lending over recent years. While the worst of the pandemic now
appears to be in the rearview mirror and some indicators point to
an ease in interest rates on the horizon in the not too distant
future, the regulatory pressures seem less likely to abate. On a
macro level this means that we are likely to see
a favourable environment continuing for private credit
transactions which has developed over the past several years.

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It is difficult to deny the appeal of the flexibility associated
with private lending. The availability of tailored lending
solutions means that, unlike traditional bank lending (which in
many ways remains locked into operational practices which can be
viewed as cumbersome), private credit lenders have the
flexibility to offer borrowers customised solutions for facility
size, the form of financing and even timing for completing
transactions, all taking into account the specific needs of
borrowers. Many private credit transactions also feature floating
rates which adjust as interest rates change. The innate
flexibility of this approach is one which many borrowers find
appealing (particularly when compared with alternate
fundraising sources such as fixed-rate bonds). 


While in more recent times it has become clear that private
credit transactions involving larger corporates are also on the
increase, primarily small and medium-sized businesses (arguably
the backbone of most economies) in need of capital for both
operational and expansion purposes have benefited most, having
found a ready market in private credit. 


Over the last few years, during a period of fiscal stress
for many SMEs in particular, the optionality available to them
has been a welcome boon. 


Whether the solution for the particular borrower comes in the
form of direct lending (which is often made available to private,
non-investment-grade companies offering a source of steady
income), mezzanine financing or preferred equity (which typically
takes the form of junior capital, providing a source of junior
debt for borrowers while providing an equity incentive for
private lenders) or distressed debt (helping financially
distressed companies navigate their way through balance sheet
restructuring and operational stabilisation), there is undeniable
appeal for borrowers in dealing with lenders with (in stark
contrast to traditional bank lending) flexible and innovative
approaches to lending.


Navigating the nexus: Private credit and the offshore
world


Having established its value to the global credit system, private
credit now plays a role in facilitating global capital flows in
ways which are both similar and dissimilar to that played by
traditional bank lending. 

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Increased market share across Europe, the US, Asia and beyond,
fuelled by the demand for credit by borrowers and an enhanced
investor risk appetite has positioned it to function on a level
akin to banks within the context of cross-border financings which
typically involve both onshore and offshore elements. 


The same features (such as tax neutrality, efficient regulation
and well-established legal jurisprudence) which make the use of
offshore vehicles domiciled in jurisdictions such as the British
Virgin Islands and Cayman Islands attractive for use in bank
financed lending transactions hold true for non-bank
financing. 


The flexibility associated with private credit transactions
marries well with the flexible nature of offshore corporate
vehicles which feature in many cross-border finance transactions.
As the market continues to grow and evolve and parties continue
to explore ever more innovative financing options, we would
expect the commonalities between the world of private credit and
that of offshore to continue generating synergies between
the two.  

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3 smart financial habits to incorporate in 2026

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3 smart financial habits to incorporate in 2026

While you certainly do not have to wait for the beginning of the new year to overhaul your financial habits, the calendar’s fresh start can offer a natural opportunity to reassess. But all too often, when we identify an area of our life that is not quite going as planned, there is a temptation to tear it all down and start from scratch, in the form of a broad-ranging — and overwhelming — resolution.

Sometimes, though, making small tweaks to existing habits, or introducing some fresh ones, is all it takes to course correct, allowing one good financial decision to snowball into the next. Sounds more manageable, right? Read on for some ideas to get started.

1. Dial up your retirement contributions

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Ghana dispatch: Former Finance Minister detained by US immigration authorities pending extradition review

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Ghana dispatch: Former Finance Minister detained by US immigration authorities pending extradition review

Former Ghana Finance Minister Kenneth Ofori-Atta was detained by US Immigration and Customs Enforcement (ICE) on January 6 in Washington, DC, where he remains in custody at the Caroline Detention Facility in the state of Virginia. His detention follows Ghana’s December 10 formal extradition request to the US Department of Justice for Ofori-Atta, who faces 78 counts of corruption and corruption-related offenses.

ICE agents arrested Ofori-Atta around 11:00 AM at a luxury apartment complex in Washington, DC. According to the ICE Online Detainee Locator System, Ofori-Atta remains “in ICE custody” as of January 11, 2026. Ghana’s Attorney General and Minister of Justice Dr. Dominic Ayine confirmed that Ofori-Atta is represented by private legal counsel. His lawyer, Frank Davies, stated that Ofori-Atta traveled to the United States for medical treatment and that a legal challenge to his custody has been filed in court. According to a January 10, 2026 press release signed by Ghana’s Ambassador to the United States Victor Emmanuel Smith, Ofori-Atta has declined consular assistance from the Ghana Embassy.

The US State Department revoked Ofori-Atta’s visa in 2025, according to Ghana’s Attorney General Dominic Ayine. The Attorney General further emphasized that it was the visa revocation—rather than a visa overstay or expiration—that triggered US federal enforcement action. The US Department of Justice is currently reviewing Ghana’s extradition request under the “dual criminality” doctrine, which requires confirmation that the alleged financial crimes in Ghana would also be prosecutable in the United States.

Kenneth Ofori-Atta served as Ghana’s Finance Minister under former President Nana Addo Dankwa Akufo-Addo. He faces charges related to alleged corruption in multiple government contracts, including a GHS 125 million contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML), the $400 million National Cathedral Project, ambulance procurement for the Ministry of Health, and electricity company contracts. Ghana’s Office of the Special Prosecutor (OSP) formally charged Ofori-Atta on November 18, 2025. The OSP seeks to recover misappropriated public funds through the government’s Operation Recover All Loots (ORAL) initiative launched after the National Democratic Congress won the 2024 presidential election.

The extradition request follows a months-long effort by Ghanaian authorities to secure Ofori-Atta’s return. The OSP requested Ofori-Atta appear for questioning on February 10, 2025 via a letter dated January 24, 2025. His solicitors responded January 31, stating he had left Ghana in early January for medical treatment in the United States and was “out of the jurisdiction indefinitely for medical examinations.” The solicitors requested rescheduling and offered to provide information to aid investigations.

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On February 10, the OSP directed Ofori-Atta to provide a reasonable return date, warning that failure to comply would compel the OSP to “take all legal steps to secure his return to the jurisdiction.” His solicitors responded the same day, stating a doctor recommended he remain in the US for possible surgical intervention. The following day, February 11, his solicitors inquired whether the OSP conducted a search of Ofori-Atta’s premises, which the OSP denied.

During a February 2025 press conference, the OSP declared Ofori-Atta a fugitive, stating it was unconvinced by the medical report and disagreed that returning to Ghana would endanger his life. The OSP characterized his extended stay as “an attempt to avoid return to the jurisdiction.” By June 2025, Ghana secured a judicial arrest warrant and successfully placed Ofori-Atta on Interpol’s Red Notice database, though the notice was temporarily removed from public visibility following a challenge by the accused. The OSP transmitted a letter to the Attorney General on December 9 requesting formal extradition proceedings.

The charges against Ofori-Atta and seven other individuals include conspiracy to commit the criminal offense of directly or indirectly influencing the procurement process to obtain unfair advantage in contract awards, contrary to section 23(1) of the Criminal and Other Offenses Act, 1960 (Act 29) and section 92(2)(b) of the Public Procurement Act, 2003 (Act 663) as amended by Act 914. The charges stem from investigations into alleged corruption and financial irregularities in the GHS 125 million contract between the Ghana Revenue Authority and Strategic Mobilisation Limited. The Special Prosecutor is seeking to recover the amount, describing it as unjust enrichment obtained through unlawful means.

Among the most prominent allegations against Ofori-Atta involves the National Cathedral Project. In November 2024, the Commission on Human Rights and Administrative Justice concluded an investigation into the project, which was initiated by former President Akufo-Addo with an estimated cost of $100 million from private funds. The cost surged to $400 million, with the investigation revealing that the contract awarded to Ribade Company Ltd was void ab initio for violating mandatory provisions of the Procurement Act. The investigation recommended that the Board of Public Procurement Authority cancel the contract and investigate the Board of Trustees. Ofori-Atta allegedly authorized the release of $58 million in state funds toward construction costs. The project remains an incomplete excavation site in central Accra, on land formerly occupied by government buildings and judges’ residences. Additional charges relate to alleged corruption in ambulance procurement for the Ministry of Health and the termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology.

The extradition proceedings will be governed by Ghana’s Extradition Act, 1960 (Act 22), which applies where an extradition agreement exists with the requesting state. Section 2 of the Act mandates declining extradition requests if the offense is of a political character, with a Magistrate responsible for determining whether charges meet this standard.

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Article 40 of Ghana’s 1992 Constitution requires Ghana to observe treaty obligations and settle international disputes peacefully. This aligns with Article 1 of the UN Charter, which requires states to maintain friendly relations based on principles of equality and respect for human rights. The principle of pacta sunt servanda, enshrined in Article 26 of the 1969 Vienna Convention on the Law of Treaties (VCLT), requires states to observe treaty obligations in good faith. Both Ghana and the United States are bound by their extradition agreement and are barred from invoking municipal law to avoid treaty obligations under Article 27 of the Vienna Convention, except in circumstances permitted under Article 46, which addresses capacity to conclude treaties and inconsistencies with normal practice and good faith.

The extradition request comes as Ghana and the United States maintain reciprocal cooperation on extradition matters. Ghana previously cooperated with US extradition requests, including the extradition of Ghanaian citizens to the United States for alleged crimes against US citizens. In one case, Abu Trica and other Ghanaian citizens were extradited to face charges related to an alleged $8 million romance scam targeting US citizens, demonstrating the mutual nature of bilateral treaty obligations.

The case against Ofori-Atta represents part of broader anti-corruption efforts in Ghana. Corruption has been a persistent challenge in the country since independence, with state officials diverting public resources to personal ventures. Ghana has implemented multiple measures to combat corruption, including Article 8(2) of the 1992 Constitution and Section 16 of the Citizenship Act, 2000 (Act 591), which restrict dual citizens from occupying certain key offices. The country has also created specialized institutions including the Office of the Special Prosecutor and the Economic and Organised Crimes Office. The 2024 presidential and parliamentary elections saw a change in political power, with the National Democratic Congress defeating the New Patriotic Party by approximately one million votes. The worst recorded corruption cases under Ghana’s fourth republic occurred during Ofori-Atta’s tenure as Finance Minister, prompting public demands for accountability that influenced the election outcome. The current NDC administration immediately established Operation Recover All Loots to recover misappropriated public funds.

Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.

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Exclusive: Saks Global nearing $1.75 billion financing plan ahead of bankruptcy filing, sources say

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Exclusive: Saks Global nearing .75 billion financing plan ahead of bankruptcy filing, sources say
  • Saks Global to file for Chapter 11 bankruptcy imminently, sources say
  • $1.75 billion financing led by Pentwater and Bracebridge
  • Financing allows Saks to repay vendors, restock inventory during reorganization
NEW YORK, Jan 13 (Reuters) – Beleaguered luxury retailer Saks Global is close to finalizing $1.75 billion in financing with creditors that would allow its iconic Saks Fifth Avenue, Bergdorf Goodman and Neiman Marcus stores to remain open, two people familiar with the negotiations said.

The department store conglomerate wants to reorganize its debt and operations in Chapter 11 bankruptcy, which it could file “imminently”, the people said.

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The financing would provide an immediate cash infusion of $1 billion through a debtor-in-possession loan from an investor group led by Pentwater Capital Management in Naples, Florida, and Boston-based Bracebridge Capital, the people said.

The company’s banks would also provide an additional $250 million in financing through an asset-backed loan, the people said, asking not to be identified because the discussions are private.

A DIP loan helps companies pay salaries, vendors and other ongoing expenses while a company goes through Chapter 11 bankruptcy, allowing it to continue operating while reorganizing its business. DIP financing gives investors priority repayment if the company isn’t successful and has to liquidate, so a bankruptcy judge will have to sign off on it.

Saks Global, which controls stores and brands that have helped shape America’s taste for high fashion over the last century, would have access to another $500 million of financing from the investor group once it successfully exits bankruptcy protection, the sources added.

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The negotiations are still fluid and the exact terms of the lending package could change, they cautioned. The financing plan would also need approval from a bankruptcy judge before it is finalized. The filing could come as soon as Tuesday, the people said.

The DIP finance package would allow Saks Global to repay its vendors and restock depleted inventory, one of the people said, while a Chapter 11 reorganization allows it to continue operating as it restructures its finances and renegotiates lease agreements and other contracts.

The so-called DIP loan could eventually be converted into equity or another type of asset, instead of repaid, if Saks successfully emerges from bankruptcy, one of the people said.

PJT Partners, which is advising Saks on its restructuring, declined to comment. Saks did not immediately return a request for comment.

A LUXURY DREAM THAT FAILED

Driven by the vision of real estate investor Richard Baker, Canada-based conglomerate Hudson’s Bay Co, which had owned Saks since 2013, bought rival Neiman Marcus in 2024 for $2.65 billion and spun off its U.S. luxury assets to create Saks Global. The plan was to more easily take on competitors like Bloomingdale’s (M.N), opens new tab and Nordstrom by bringing together two of America’s best-known department store chains.
Big names such as Amazon (AMZN.O), opens new tab and Salesforce (CRM.N), opens new tab backed the Saks Global deal by becoming equity investors.

While the marriage gave the newly formed luxury conglomerate more leverage to negotiate discounts with vendors, it also left it saddled with debt. Saks Global took on about $2.2 billion in fresh debt as part of the deal, targeting $600 million in annual cost savings, according to media reports citing the company’s investor call in October.

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But demand for luxury goods didn’t rebound as hoped for in 2025 and the servicing costs on that debt significantly ate into its cash flow, making it late in paying vendors and investors, according to interviews with former vendors, investors and analysts. Saks Global had to tap investors for another $600 million in June and missed a crucial bond payment last month.

Some of Saks’ bonds are trading at as little as a penny on the dollar. Its first lien bonds, which have the most protection in bankruptcy, are trading at 25 cents to 30 cents, one bond investor told Reuters.

The new cash injection should give Saks enough breathing room, and liquidity, to eventually recover, one investor said.

It wasn’t clear whether the restructuring plan will include additional changes to the company’s management team or its storied real estate holdings, which include its flagship Saks Fifth Avenue store in New York City. The company abruptly replaced its chief executive – veteran retail executive Marc Metrick – earlier this month, elevating Baker to CEO.

Reporting by Dawn Kopecki in New York and Matt Tracy in Washington; Editing by Lisa Jucca, Deepa Babington and Lisa Shumaker

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