Finance
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.
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.
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.
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.
Finance
Auto Finance Capital Summit | Insights | Mayer Brown
Stuart Litwin will be speaking at the Auto Finance Capital Summit taking place May 11-12 in Nashville, TN. This event brings together capital markets, finance, and treasury leaders across the $1.5 trillion auto finance industry to tackle critical funding challenges — from securitization and warehouse lending to liquidity management, private credit, and capital efficiency.
For more information about the event, please visit the event page.
Finance
Yes, retail investment needs a boost – but the squirrel looks too tame | Nils Pratley
Red squirrel characters have a history in the public information game. Older UK readers may recall Tufty, who taught children about road safety in the 1970s. His chum, Willy Weasel, regularly got knocked down by passing cars but clever Tufty always remembered to look both ways.
Now comes Savvy Squirrel, who, with backing from the chancellor and a multi-year lump of advertising spend from the financial services industry, will try “to drive a step-change in how investing is understood, discussed and adopted”, as the blurb puts it. In translation: don’t squirrel everything away in a boring cash Isa but try taking an investment risk or two if you value your long-term financial health.
As with preventing road traffic accidents, the cause is noble. Every study on long-term financial returns reaches the same conclusion: inflation is the investor’s enemy and there is a cost to holding cash for long periods.
One statistical bible is the Equity Gilt Study published by Barclays, and a few numbers demonstrate the point. From 2004 to 2024, cash generated a return of minus 40.5% in real terms (meaning after inflation and including interest paid). By contrast, a conventional diversified portfolio comprising 60% UK equities and 40% gilts increased by 21.6% in real terms. A missed opportunity of 62.1 percentage points is enormous
Rachel Reeves’s interest in promoting the virtues of investment lies not only in helping savers but in greasing the wheels of the capital markets. Fair enough: a healthy economy needs a healthy stock market, including one that makes it easy for retail investors to participate. It is slightly ridiculous that the colossal sum of £610bn is estimated to be sitting in cash savings in the UK; it can’t all be rainy-day money or cash parked awaiting a house purchase.
Many Americans famously follow the stock markets closely and discuss their 401(k) pensions savings plans but, even by European standards, the UK’s retail investment culture lags. Sweden has popularised investment with tax-breaks and other changes. Even supposedly cautious Germans are less inhibited. So, yes, one can applaud the ambition behind the campaign.
But here’s the doubt: it all feels terribly tame.
One can imagine an alternative launch in which Reeves tried to create a buzz by cutting stamp duty on share purchases. There are good reasons to adopt that policy anyway, as argued here many times, but a cut now would grab attention. True, rules for banks and investment firms on giving “targeted guidance” are being loosened to allow more useful advice alongside the “capital at risk” warnings. Yet the current news flow in Isa-land is about HMRC’s pernickety interpretation of the tax treatment of cash held within stocks and shares account. That just creates bad vibes in the wings.
Meanwhile, the campaign’s goals read as wishy-washy. It’s all about “helping people build confidence over time”, apparently. Well, OK, that’s what the market research suggests, but “creating more opportunities for everyday conversations” is limp when, in the outside world, teenagers are trading crypto on their phones and the world is awash with smart apps. The intended audience can surely handle more directness.
As for the squirrel, it may get lost in the forest of meerkats and other CGI creatures deployed by financial services firms. For a campaign that is supposed to be doing something distinctly different, why go with a character which, on first glance, looks generic?
Back in the pre-smartphone 1970s, there was a certain shock value for the average five-year-old in seeing Willie Weasel lying injured in the road. At least the message about bad consequences was clear and memorable. One wishes the Savvy campaign well, but one fears a conversational squirrel may struggle to be heard.
Finance
German finance minister wants to scrap spousal tax splitting
Last weekend, several thousand people took to the streets in Munich to demonstrate against abortion and assisted suicide. One speaker made an extremely dramatic plea against what he called the “culture of death” that has allegedly taken hold in Germany. One sign of this, the speaker argued, was that the government is planning to abolish a regulation known as “spousal tax splitting.”
Is tax law really relevant to deep philosophical debates on the sanctity of life? It is even a matter of life and death at all? Surely we needn’t go that far? In any case, the intense political uproar surrounding the new debate on whether to abolish spousal tax splitting is notable, even by today’s standards of populist outrage.
An advantage for couples with widely divergent incomes
The row was sparked by Germany’s vice chancellor and finance minister, Lars Klingbeil, of the center-left Social Democratic Party (SPD), who said he wanted to abolish and replace the joint taxation of spouses’ income, a system that has been in place since 1958.
How exactly does spousal tax splitting work? In Germany, married couples (and since 2013, couples in civil partnerships), can choose to have their income assessed jointly by the tax authorities.
It means that the taxable income for both spouses together is halved – as if both partners had each earned an equal half of the income. Their tax liability is then determined by simply doubling the income tax due on one half.
As people who earn more pay higher taxes in Germany, this system benefits couples where one partner (and often this is still the man) earns significantly more than the other (in practice often the woman).
Costs of up to €25 billion per year
If for example one partner earns €60,000 ($70,512) a year and the other partner earns nothing, the couple will be taxed as if they earned €30,000 each. In this example, the couple would save nearly €5,800 in taxes per year compared to the amount they would owe if both partners filed their taxes separately. According to the Finance Ministry, spousal tax splitting costs the government a total of up to €25 billion annually.
Some critics have long viewed splitting as a tool to keep women out of the labor market, because the more a woman earns, the larger her tax burden becomes. Klingbeil seems to agree, arguing on ARD television in late March that the system was “out of step with the times.” The spousal splitting system reflects “a view of women and families that is completely at odds with my own,” he said.
Chancellor Merz said to be in favor of splitting
On Monday of this week, Klingbeil got some surprising support on this from Johannes Winkel, head of the youth wing of the conservative Christian Democratic Union (CDU).
“Given the demographic reality, the government should create incentives to ensure that both partners in a relationship are employed,” Winkel told the Funke Media Group. “In the future, tax relief should primarily be granted to married couples when they are facing hardships related to raising children.”
But the chancellor is a vocal skeptic of the proposal. “I am not convinced by the claim that joint filing for married couples discourages women from working,” Friedrich Merz said at a conference organized by the Frankfurter Allgemeine Zeitung newspaper. “Marriage is a relationship based on shared income and mutual support. And in a marriage, income must be treated as a joint income for tax purposes, not separately.”
Klingbeil’s alternative plan
At around 74%, the labor force participation rate for women in Germany is one of the highest in Europe, but half of them work part-time.
Klingbeil’s idea is to replace the existing system with a more flexible approach: Both partners would be able to distribute tax-free income among themselves in such a way that it minimizes their tax liability. This would allow the couple to continue enjoying a tax advantage, albeit not to the same extent as before. And whether one partner earns more than the other would become less important.
However, it remains to be seen whether Klingbeil will be able to push through his proposal. Aside from Germany, similar regulations offering tax benefits to couples exist in Poland, Luxembourg, Portugal and France.
This article was originally written in German.
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