A bank or broker-dealer opens an account in its name with a securities depository. One of its customers — a fund manager, broker-dealer or other firm — is involved with either money laundering activities or violating regulations involving sanctions against an individual, country or corporation. Even worse, one of their clients did the dirty deed. […]
FATCA Reporting Round One: The Scorecard
Wrong client classification, missing documentation proving country of citizenship, and incomplete information on investor income and account values. Those are the top three mistakes offshore fund managers tell FinOps Report they experienced when trying to send information to their local tax authorities to comply with the recent first round of reporting for the US Foreign Tax […]
Registered Investment Advisers: FinCEN Says Welcome to the AML Party
Registered investment advisers may have it a little easier than their banking brethren when complying with long-awaited anti-money laundering rules just proposed by the US Treasury’s Financial Crimes Enforcement Network (FinCEN), but they shouldn’t feel too relieved. They will still have to go through most of the same hoops to ensure their clients are not engaged in […]
Basel III: How Hedge Fund Managers Must Leverage Prime Brokers
“How important is this relationship to you?” That question is often asked by concerned spouses or romantically involved parties to get a status check on just how well their relationship is faring. For the first time ever, hedge fund managers could be forced to pose the same question to their prime brokers, thanks to the […]
Swap Positional Identifiers: Buy-Side Group Positions Industry Standards
A fund manager executes an order for a swap contract with a broker-dealer counterparty on a swaps execution facility (SEF), then allocates the order to separate underlying funds and clears the trade through a clearinghouse using a futures commission merchant (FCM). At the end of this process, the fund manager might report the trade to […]
UCITS V: What Is a Three-Year-Old Bonus Worth?
Fund management firms wanting to benefit from the latest incarnation of decades-old UCITS legislation to easily market their investment funds across Europe will find themselves facing a new hurdle: they must adapt to new restrictions on how and when they compensate many of their top-ranked executives. The provisions on compensation are considered draconian by many fund experts who […]
AML Transaction Monitoring: Five Steps to Getting it Right
If you think your anti-money laundering transaction monitoring software isn’t working correctly, what should you do? a) blame your vendor and replace the software b) blame your analysts and tell them to work harder c) review your data feeds and inputs d) throw your hands up and think you can’t do anything e) doubt your […]
The Volcker Rule: Managing the Seven Deadly Metrics
The implementation of the Volcker Rule has undoubtedly caused wailing and gnashing of teeth among some of the smartest and best-funded trading operations in the world. While its overarching principle — the prohibition of proprietary trading — might be easy to understand, proving compliance is a whole different ball of wax. With the effective date […]
Commission Unbundling: What Price Is that Research in the Window?
It’s a given that fund management firms should pay for research — aka the ideas and analysis — that helps them make decisions on whether or not to buy or sell a particular stock or bond and when. Yet the European Commission now wants to put their spending on research under the regulatory microscope. A new […]
Recent SEC Compliance Fines: What to Watch Out For
Four recent enforcement actions by the US Securities and Exchange Commission each highlight a different area of concern by the regulatory agency and each sends a loud and clear message in hefty fines and professional punishment. We think they offer valuable lessons to readers of FinOps Report on how to steer clear of legal landmines. Conflict […]