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 […]
No Shortcuts Reimbursing NAV Errors Says SEC
The US Securities and Exchange Commission’s recent $3.9 million settlement with social investment manager Calvert Investment Management highlights the operational challenges — and potential legal liabilities– faced by mutual fund companies that must equally compensate all investors for any errors in net asset value calculations . It isn’t enough to make a best effort. Fund […]
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 […]
FATCA, GATCA Tax Patience of Relationship Managers
Relationship managers on the front-lines of interacting with investors or customers say that complying with the Foreign Account Tax Compliance Act (FATCA) and its global version Common Reporting Standards (CRS) is giving them plenty of angst. The requirement to identify the investor or customer for tax purposes may conflict with the equally important need to […]
Catching an Insider Data Thief
Ten percent of employees will never commit a crime, ten percent of employees will, while 80 percent will only do so if the opportunity arises, predict fraud experts. It is that opportunity which asset management firms need to prevent through a combination of compliance controls and technology, say panelists and attendees at a recent symposium […]
Transfer Agents, DTC Still Chilly On Issuer Freeze Policies (Updated)
(Editor’s note: On December 6, 2016 the SEC finally published its acceptance of DTC’s rule changes affecting how it will impose chills and locks on US corporate issuers. The agency’s decision marks the end of a contentious debate between DTC, issuers and their transfer agents. Still, reservations remain. “The vast majority of the new rules […]
Asset Owners Put Managers on the Operational Hotseat
How do you run your business? If it sounds like an open-ended question for pension plans, endowments and other institutional investors to ask fund managers, it is intended to be. Institutional asset owners hope it will elicit a lengthy discussion over the policies, procedures and technology the fund manager uses to make money before they […]