How regulators are responding
While approaches vary across jurisdictions globally, a common theme is increasing supervisory engagement with private credit markets and greater emphasis on transparency and data availability. Authorities are also examining the implications of market interconnectedness and, in some cases, conducting stress-testing exercises to better understand potential transmission channels during periods of market stress. The Bank of England has taken a lead in stress-testing the systemic interconnectedness of private credit markets. The European Union's Alternative Investment Fund Managers Directive (AIFMD) II has introduced harmonized leverage caps and expanded transparency requirements and Australia’s Securities and Exchange Commission has published supervisory expectations following its review of private credit funds.
Considerations for firms in light of regulatory scrutiny of private credit.
In response, firms should consider the following actions:
- Prioritizing data quality and availability in anticipation of a push by regulators for greater disclosure and transparency.
- Strengthening governance and risk management frameworks, especially around related-party transactions, valuations and loan workouts.
- Reviewing - liquidity management processes, especially for retail products, including contingency funding to manage ‘gating’ of funds.
- Ensuring investor communications clearly explain the risks, liquidity features and investment horizons associated with private credit products.
- For insurers, periodically reviewing private credit exposures ratings, covenants and underwriting assumptions.
- For banks, maintaining a comprehensive view of exposures to private credit managers across product and business lines to better understand overall interconnectedness.
- For institutional investors, conducting ongoing due diligence on managers, with particular focus on governance, risk management and valuation practices.
Conclusion
Private credit has become an important component of corporate lending markets, complementing bank lending and public capital markets. Regulators generally recognize the role it plays in broadening financing options for borrowers and expanding investment opportunities. At the same, the sector’s growth and increasing integration with the wider financial system are prompting closer supervisory attention to issues such as transparency, risk management, investor protection and financial stability. The FSB’s recently proposed framework for enhanced transparency and oversight represents an unambiguous step towards enhanced disclosures and, ultimately, more active supervision.
The sector can use these regulatory concerns as a catalyst for proactive upgrading of risk management and reporting capabilities. Engaging with openness and co-operation – and acting to strengthen trust and resilience – will allow private credit to secure the foundation it needs to keep growing.
Mike Gibson, EY Americas Financial Services Regulatory Lead, Executive Director, US Financial Services Consulting, Ernst & Young LLP also contributed to this article.