Fund managers are up in arms about new rules proposed by the US Financial Industry Regulatory Authority (FINRA) requiring the collateralization of many US-forward- settling agency mortgage-backed securities transactions, or those of similar asset classes, and their potential quick liquidation trades in a worse case scenario. While FINRA has direct oversight only over US broker-dealers, […]
European Regulators Tell Market: Failure Not an Option
Failing to settle or even match the details of European securities trades on time could become a lot more expensive and reputationally risky for banks, broker-dealers, and their fund manager customers, if European regulators have their way. Just how much more they will have to spend beyond the hefty internal administrative costs, and current fines […]
New Swaps Clearing Rules Trigger Services Shakedown
Brave new ideas, especially when they are mandated by regulators, typically trigger a messy shakedown of systems and services — out with the old, in with the new with a lot of cost and waste lying by the roadside for others to benefit. Such is the case with the multi-faceted regulatory drive to squeeze potential systemic risk out […]
Recordkeepers Seek New Rules for Unclaimed Securities Accounts
With billions of dollars in unclaimed US securities accounts at stake, stock transfer agents are now lobbying for changes — and some consistency — in outdated state rules. As if tracking down the holders of unclaimed securities accounts weren’t hard enough for shareholder record-keepers, they must also deal with a multitude of conflicting and often […]
FINRA: Even Tougher Margining Rules
US broker-dealers and their fund manager customers that deal in forward-settling agency mortgage-backed securities or similar asset classes better prepare for even more legal and operational stress. The Financial Industry Regulatory Authority (FINRA) has just come up a set of far more rigid and comprehensive rules than guidelines from a committee of the Federal Reserve Bank of New York, […]
Europe’s AIFMD: Will US Fund Managers Bite or Should They?
The EU’s new Alternative Investment Managers Directive (AIFMD) is supposed to give alternative investment fund managers the same cachet as their traditional investment manager peers following UCITS. Or so, European regulators think. But the allure of AIFMD appears to have been lost on a critical sector of the alternative funds market. US fund managers aren’t […]
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 […]
Harmonizing European Depositories May Be a Bumpy Ride
In trying to harmonize the operations of European securities depositories, regulators may well be creating unintended operational and financial burdens for the settlement houses and their members in dealing with trades which fail to settle on time. “The shorter timetable for settlement and the fines for late settlement will be far more difficult to implement […]
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 […]
FATCA: How to Reduce Ops Risk
At the core of FATCA is the need for foreign financial intermediaries to know and report whether securities accounts are owned by US persons who are deliberately trying to avoid paying their correct share of US taxes.In fulfilling the rules of FATCA, the US legislation designed to catch US tax evaders, financial firms would be […]