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Private credit funds and UK lending: mapping the regulatory perimeter
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Private credit funds are now central to UK corporate finance, yet the regulatory perimeter does not map cleanly onto their activities. This article examines where regulated activity begins and ends when a private fund lends – covering Financial Services and Markets Act 2000 and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, the financial promotion regime, fund manager authorisation under UK AIFMD, prudential regulation (Basel III.1 and Investment Firms Prudential Regime), Financial Conduct Authority conduct and consumer considerations for retail distribution, and structuring for cross-border lending, including how English law enhances lender protection in emerging markets.
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