Asset managers might not be affected by the new margin requirements on uncleared swap transactions for at least a year. Nonetheless, they are slowly starting to prepare for the inevitable legal and operational teething pains. US banking regulators and the Commodity Futures Trading Commission (CFTC) have decided that effective September 2016 or March 2017, depending on […]
New US AML Rules: Tough Enough to Catch the Bad Guys?
The US Treasury’s new rules on how financial firms must handle their responsibilities to know their customers and prevent money-laundering will be operationally challenging to follow, but perhaps not entirely effective in identifying the bad guys. The most controversial aspect of the new requirements — finding out the identities of the beneficial owners of the customers […]
Research Payments in Europe: Can CSAs Survive?
Asset managers of European funds may be breathing a sigh of relief thinking that European regulators will allow them to keep their commission sharing agreements (CSAs) to pay for research they use to make investment decisions for their clients. The reality is not so simple. As currently implemented, the CSAs may not comply with all […]
Transfer Agents, Brokers, DTC Debate SEC’s Proposed Rules
The Securities and Exchange Commission’s decision to overhaul the rules governing transfer agents has prompted a debate among shareholder recordkeepers on the one hand and broker-dealers and their allies on the other. It could easily take up to a year for any new requirements to take effect, However, transfer agents for equities and investment funds […]
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 […]
New EU Insider Trading Rules Challenge: How to Monitor Intent?
No harm, no foul. That is the premise of how regulators typically work when it comes to deciding whether to fine a firm for wrongdoing. However, when it comes to new European regulations prohibiting insider trading and market manipulation, that will soon no longer be the case. The new European Market Abuse Regulation (MAR), effective […]
Mutual Funds to SEC: Change Math on Swaps Exposure
Not all derivative contracts are created equal. That is the message mutual fund managers are giving the US Securities and Exchange Commission about its proposal to limit their exposure to derivatives. The SEC fears the growth in the use of derivatives by mutual funds and other registered investment fund advisers leading to greater financial losses. […]
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 […]
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 […]