With the deadline for fund managers to apply for regulatory recognition as alternative investment fund managers (AIFMs) less than a week away, one would think they have already crossed their T’s and dotted their I’s when it comes to being prepared. But that’s not the case for many, according to industry research. Surprisingly, most small […]
Cybersecurity: Monitoring Risk in the Supply Chain
Outsourcing providers may promote themselves as trusted partners to their clients, but when it comes to cybersecurity risk, financial services firms would be wise to treat them as an extension of their own business — with all the hard scrutiny and ongoing monitoring of vulnerability they do inside their own corporate walls. And maybe more, […]
FATCA Responsible Officers: Be Careful, Very Careful
You’ve just been named by your financial firm as a responsible officer under the US Foreign Account Tax Compliance Act, or FATCA for short. Should you hand in your two-week notice, take the job in stride, or brace– and protect yourself — from hefty operational and legal liabilities? Those are the decisions and options now faced by potential FROs, or thousands of […]
Compliance and IT Experts: Strange Bedfellows in Managing Cybersecurity Risk
When it comes to newly heightened US regulatory oversight of cybersecurity risk, compliance directors face risks of their own. They will be on the front line when examiners from the Securities and Exchange Commission come calling to evaluate their cybersecurity programs. But to even answer the SEC’s questions, not to mention have an acceptable working program to […]
Fund Managers: A Risk-Based Approach to Tackling Cybersecurity Threats
Although Wall Streeters often criticize Washington, DC bureaucrats for being out of touch with their daily realities, the new Framework for Improving Critical Infrastructure Cybersecurity issued in February by the National Institute of Standards and Technology (NIST) might just be a notable exception. It has apparently become a hit among US investment management compliance and data security experts […]
Compliance Officers: Taking the Regulatory Heat, Personally
Chief compliance officers at financial firms have always had it tough. Working long hours to address changing regulatory, investor and internal requirements, are an accepted part of everyday life. Yet, chief compliance officers and legal experts now say that the stress is hitting closer to home on a personal level. Securities watchdogs are drawing even […]
Margin Standards for TBAs May Edge Funds Out of the Market
Despite a six-month reprieve from collateralizing their US forward-settling agency mortgage-backed securities trades, many fund managers may be dismally unprepared for new margining standands, and shut out of the market. The answer won’t come easy or cheap: either upgrading or installing collateral management systems will be required. Then comes the cumbersome process of redrafting contracts or writing […]
What to Do When the CFTC Gets Into Your Phone Calls
A new requirement from the Commodity Futures Trading Commission (CFTC) that all oral communications on some over-the-counter transactions be recorded, could end up being technologically and economically unfeasible. In its role as overseer of the burgeoning US$650 billion swaps market — a designation assigned by the US Dodd-Frank Wall Street Reform Act — the CFTC […]
Middle Office Takes Center Stage in Hedge Fund Valuation Fiasco
A recent fine of US$9 million the US Securities and Exchange Commission levied against a UK hedge fund advisor and its former US holding company shows the operational risk faced by alternative investment funds when middle-office controls fail to correctly handle the signs of a bad valuation. The settlement, announced on December 9, 2013 arose […]
Global LEIs: A ‘Virtual’ Turn of Events?
With little information emerging from the Regulatory Oversight Committee (ROC) on how a central operating unit (COU) would work as part of a global initiative for new identification codes for business entities, market consensus appears to have emerged suggesting a virtual model for data distribution is the best way to move forward. Under such a […]