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 Pal Partha Pal

Partha S. Pal is a shareholder in the London office of Greenberg Traurig, LLP, qualified to practice in England and Wales. His main area of practice is real estate finance, where he has more than 20 years experience of a wide variety of…

Partha S. Pal is a shareholder in the London office of Greenberg Traurig, LLP, qualified to practice in England and Wales. His main area of practice is real estate finance, where he has more than 20 years experience of a wide variety of transactions, in both the lending and the structured debt capital markets, acting for both providers and users of leverage.

The Legal 500 UK 2024 guide recognises Mr. Pal as a Leading Individual in relation to real estate finance. The directory quotes a source as saying “Partha Pal is undoubtedly one of the best banking/structured finance lawyers in London. Excellent qualifications, industry knowledge, commercial, efficient and superior client service.” Other commentators note that he is “a highly attentive and diligent partner that leads all parties through a transaction. He will find solutions to commercial problems and ensures lender’s interests are protected.”

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.