Hail the new private debt machine: private equity, leveraged loans, and collateralised loan obligations

Q2 Social Sciences Law and Financial Markets Review Pub Date : 2020-07-02 DOI:10.1080/17521440.2020.1802547
Vincenzo Bavoso
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Abstract

The Covid-19 pandemic and the subsequent worldwide economic slowdown have exposed the fragility of the financial sector, among others. This article argues that the seeds of this fragility, while being exposed by the pandemic, were sown earlier, in the post-2008 years, through the revived synergy of three elements of the financial system: private equity firms ascending the role of ultimate intermediaries in the system of private debt creation; leveraged loans becoming the new asset class that replaced what mortgages represented in the pre-2008 years; and collateralised loan obligations (CLOs) which in some ways replicated the function of CDOs as mechanisms of private debt creation. This article explains this phenomenon, analysing in particular how CLO structures morphed during the last decade and how this new transactional innovation facilitated a return to dangerous levels of leverage. As of 2019, the level of CLO issuance neared $120bn in the US, whereas in the EU they were close to Euro30bn. While the IMF warned at the end of 2019 about the dangers associated with the increasing levels of corporate leverage, confidence in the banking system was reiterated, largely due to the alleged safeness of CLOs, and particularly the capacity of these transactional structures to shift risks away from systemic banks. This article provides some clarity on these apparently contrasting statements, drawing inter alia some parallels with the crisis of 2008.
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欢迎新的私人债务机器:私人股本、杠杆贷款和贷款抵押债券
2019冠状病毒病大流行和随后的全球经济放缓暴露了金融部门的脆弱性。本文认为,这种脆弱性的种子虽然在疫情中暴露出来,但在更早的时候,即2008年后,通过金融体系三要素的重新协同作用,已经播下了种子:私人股本公司在私人债务创造体系中提升了最终中介机构的角色;杠杆贷款成为新的资产类别,取代了2008年前抵押贷款所代表的资产类别;贷款抵押债券(clo)在某种程度上复制了cdo作为私人债务创造机制的功能。本文解释了这一现象,特别分析了CLO结构在过去十年中是如何演变的,以及这种新的交易创新是如何促使杠杆回归危险水平的。截至2019年,美国的CLO发行规模接近1200亿美元,而欧盟则接近300亿欧元。尽管国际货币基金组织(IMF)在2019年底就企业杠杆水平不断上升带来的危险发出了警告,但人们重申了对银行体系的信心,这主要是由于clo所谓的安全性,尤其是这些交易结构能够将风险从系统性银行转移出去。本文对这些明显对立的说法提供了一些澄清,并将其与2008年的危机进行了比较。
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来源期刊
CiteScore
1.40
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期刊介绍: The Law and Financial Markets Review is a new, independent, English language journal devoted to providing high quality information, comment and analysis for lawyers specialising in banking and financial market issues and to others with interests in legal and regulatory developments affecting the financial markets. Published four times a year LFMR contains articles written by leading experts providing a forum for practical guidance on, as well as reflective and topical analysis of, all major jurisdictions, with a particular focus on the interaction between the law and market practice and behaviour.
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