We have nothing to fear as much as the Securities and Exchange Commission itself. That is what hedge fund managers should be thinking about the US regulatory agency, warn legal experts. “A little paranoia will go a long way to ensuring they are prepared for a grueling round of exams this year,” says Ron Geffner, […]
FINRA to Robo-Advisors: Human Touch is Critical
Why pay high advisory fees to talk to a wealth manager when a high-tech algorithmic system can provide advice for a fraction of the cost? That’s the argument given by broker-dealers and investment advisors when convincing investors of the merits of robo-advice platforms. However, the Financial Industry Regulatory Authority (FINRA) apparently thinks that far more […]
The Derivatives ID Dilemma: Industry Accord Suggests an ISIN Solution
Is the International Securities Identification Number (ISIN) not fit for purpose for identifying certain types of derivatives, as claimed by some partisans for other identifiers or just “concerned citizens” of the derivatives realm? Or is the only possible solution for regulatory reporting requirements a Unique Product Identifier (UPI) based on the descriptive taxonomy developed by […]
Europe’s Revised Settlement Regime: Still Problematic?
Just who is responsible for fixing a securities transaction which fails to settle on time? a. the securities depository b. the custodian of the injured counterparty c. the injured trading counterparty d. all of the above The European Securities and Markets Authority, the pan-European regulatory agency, recently decided that the answer should be switched from […]
FINRA: Making Compliance a Way of Life
Culture of compliance. Those three words recently uttered by the US Financial Industry Regulatory Authority (FINRA) as being one of its priorities during its exam process this year hasn’t exactly taken broker-dealers or their legal counsel by surprise. After all, broker-dealers know they have to fulfill regulatory requirements. Yet the term is generating plenty of […]
Fund Managers: Reducing Costs of Collateral Fails
US$3.6 million. That is the average cost a fund management firm could incur for correcting failures to settle their collateral requirements for bilateral swap transactions in 2020. The amount comes to US$2.4 million for a broker-dealer. These sobering figures, delivered in a document entitled “Implications of Collateral Settlement Fails: An Industry Perspective on Bilateral OTC […]
US Braces for Testing T+2 Preparedness (Updated)
(Editor’s Note: After the publication of this article, DTCC published a document which outlines the testing requirements from its subsidiaries NSCC, DTC and Omgeo for impacted organizations and instruments. The paper entitled “T+2 Test Approach: DTCC’s High-Level Testing Framework” can be found here). Testing, testing, testing. That is the next critical focus for achieving a successful transition […]
Investment Fund Transfer Agents: Forget About Monitoring Brokers
The US Securities and Exchange Commission has the right intention in wanting to update its outdated rules for transfer agents, say investment funds transfer agents and their legal counsel, but its approach in regulating shareholder recordkeepers of buy-side firms may be flawed. Among the growing list of concerns is whether investment fund transfer agents might […]
Johannesburg in Final Sprint to T+3 Settlement (Updated)
(Editor’s Note: This article was updated on February 29 to reflect the JSE’s announcement on February 26 that it had selected July 11 as the go-live day for T+3.) South Africa is in the last lap of a longstanding project to shave two days off its current five day settlement cycle, even though the […]
Securities Finance Data: Useful or Not for European Regulators?
In asking market players to shed more light on their securities finance transactions, European regulators have unintentionally opened an operational and legal can of worms. The newly passed European Securities Financing Transactions (SFT) legislation includes a requirement that managers of new European traditional and alternative investment funds disclose their policies involving securities finance transactions in […]