When it comes to their handling of American Depositary Receipts, depositary banks have more than just an investigation by the US Securities and Exchange Commission to worry about. BNY Mellon, Citi and JP Morgan are being targeted with class action lawsuits filed in a New York court by disgruntled investors, alleging overcharges in foreign exchange […]
Pre-Release ADRs: More SEC Fines on the Way?
First ITG. Who is next? That is the question fund managers and other investors are asking themselves after learning that the US Securities and Exchange Commission fined broker-dealer ITG $24.4 million for violating regulations on how it used the pre-released shares of American Depositary Receipts (ADRs). The SEC says that ITG violated Section 17(a)3 of […]
Judge’s Ruling Questions Attorney-Client Privilege for Mutual Fund Trustees
Independent mutual fund trustees will likely think twice before they say anything incriminating to their external legal counsel about how they administer mutual funds. The rights of mutual fund investors to fair advisory fees trump the rights of independent mutual fund trustees to attorney-client confidentiality, says a Washington State federal district court judge in a […]
Making Every Proxy Vote Count is Hard Work
An investor casts its vote at an annual or other corporate meeting, but has no way of knowing whether it was actually received and counted. It could be rejected or even partially accepted, which defeats the purpose of casting the vote in the first place. While the US Securities and Exchange Commission has left market […]
Europe’s PRIIPs: When Being Clear Isn’t All That Easy
Fund managers, banks and insurance firms can now breathe a collective sigh of relief, but not for long. The European Commission has just announced that it has postponed by one year the implementation date for new legislation requiring financial firms to more clearly explain the risks and rewards of some investment products that fall under […]
Equity Derivatives Withholding Tax Remains Taxing (Updated)
(Editor’s Note: On November 14, 2016 SIFMA asked the US Treasury to postpone the implementation date of IRS Section 871(m) from January 1, 2017 so that it can resolve a difference of opinion with G5 countries. The UK, Germany, Spain, France, and Italy have told the Treasury that dividend equivalent payments made outside the US […]
Fund Operations Managers Weather UK’s Brexit Storm
While the UK and European Union leaders will have two years to come up with a gameplan for how the UK will separate from the European Union, middle and back-office operations professionals at fund management shops are taking it one day at a time during extreme market volatility. The UK’s legal limbo has caused higher trading […]
SEC to Fund Administrators: You Are Liable for Client Fraud (Updated)
(Editor’s Note: On July 25, 2016 Apex Fund Services announced two hires for compliance. It appointed Nitin Khanapurkar as global head of risk and compliance oversight. Apex’s Luxembourg unit tapped Sonja-Maria Hilkhuijsen as head of European compliance and data protection. Khanapurkar was previously senior partner at KPMG while Hilkhuijsen was chief compliance and data protection […]
RIAs: Hail to the Chief Valuation Officer?
Chief valuation officers could become just as important as chief compliance officers for registered investment fund managers. They also might discover that, like chief compliance officers, the position may carry personal risk of bruising regulatory penalties. The emergence of this new C-class executive was predicted by panelists at a recent global fund valuation forum co-hosted in New […]
DOL’s New Fiduciary Standard: Devil in the Word
What does it take to be a fiduciary to a retirement plan for the first time? Broker-dealers and other investment advisors that give clients of retirement plans recommendations on what assets to buy and sell will be struggling to answer this question as they create policies and procedures to fulfill the new fiduciary standard of […]