The second incarnation of the European Markets in Financial Instruments Directive (MiFID II) adds a whole new meaning to the song lyric “Getting to know you” as financial firms and their clients tackle the new rules of onboarding. For financial firms the increased amount of required client data and documentation will prompt changes to their […]
EU Benchmarks: Time to Take Inventory
Some middle office and compliance managers will soon have their work cut out for them creating a benchmark inventory management process to show European regulators that they use approved benchmarks. Effective January 1, 2018, the European Benchmark Regulation (BMR) will require that European Union-supervised entities who want to enter into financial contracts or instruments referencing […]
Compliance Officers: Uniform CFTC and SEC Rules?
What possible difference could a few words make? Apparently a lot for chief compliance officers of large swap dealers, fund managers, and clearing firms. They must be breathing a sigh of relief now that the Commodity Futures Trading Commission has proposed to harmonize the rules for CCOs with those of the Securities and Exchange Commission. […]
US Broker Pushes SEC to Make Blockchain Rules
US financial firms, concerned about how to implement blockchain technology without running afoul of future regulations, might soon find some long overdue guidance from the Securities and Exchange Commission. The US regulatory agency has been called to action by Ouisa Capital, a New York broker-dealer that operates an alternative trading system (ATS) for trading unregistered securities. […]
New Tax on US Convertible Bonds: Taxing Air?
The US Internal Revenue Service wants withholding agents to collect tax on upticks of the rights of convertible bondholders, despite protests that the levy is nothing more than “tax on air.” That’s how some tax attorneys and operations specialists view the IRS’ Section 305(c) rule on taxing adjustments to the conversion ratio of US convertible financial instruments, as […]
ADR Lawsuits: Depositary Banks on the Hotseat
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 […]
Blockchain 2017: Regulatory Reality from FINRA
Straight from the horse’s mouth, US broker-dealers have just been advised about the many ways their use of blockchain could impact their compliance with rules imposed by the Financial Industry Regulatory Authority (FINRA) — including recordkeeping, clearance and settlement, anti-money laundering, trade reporting and customer statements. FINRA , the US self-regulatory agency for broker-dealers, has issued a […]
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 […]
Blockchain’s Smart Contracts: What’s Smart, What’s Not
Can smart contracts be made smart enough to be accurate, ensure the right balance between confidentiality and transparency, and reach widespread acceptance? Yes, but not without a lot more work. That is the consensus of a group of blockchain developers, advocates and analysts that spoke and attended a recent event held by the Wall Street Blockchain […]
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 […]