Financial Regulatory Forum

Private equity: bank regulators tighten the collar on leveraged loans

By Alex Lee

NEW YORK, May 11 (Business Law Currents) – With the leveraged finance market coming back to life, bank regulators want financial institutions to seriously tighten oversight and maintenance of their leveraged portfolios. Leveraged loans are heavily utilized by private equity shops for their transactional activities but there is an ever-increasing concern that while loan volume has gone up, underwriting practices have deteriorated to unacceptable standards.

On March 26, 2012, bank regulators released proposed guidance on leveraged lending for public comment. The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency have proposed revising previous guidance issued in 2001 on leveraged finance as greater scrutiny is being placed on financial institution based risk factors. Proposals in this sector could potentially impact private equity shops by affecting one of their primary sources of funding for acquisition deals. (more…)

Rolling the Dice: Carlyle filing discloses private equity IPO risks

NEW YORK, Sept. 22 (Business Law Currents) - As a turbulent IPO market continues to flail, The Carlyle Group, one of the world’s great private equity houses, is going public. With $153 billion in assets under management (AUM), the guys at Carlyle are no dummies. So when so many companies are pulling back, why go public now? A look at Carlyle’s risk disclosures may yield some clues. The timing of the offering, while superficially curious, may at its core be linked to uncertainty over the partnership’s ability to maneuver in ever-shifting tax and regulatory regimes.

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