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 […]
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The US Securities and Exchange Commission has the right intention in wanting to update its outdated rules for transfer agents, say investment funds transfer agents and their legal counsel, but its approach in regulating shareholder recordkeepers of buy-side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 […]
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 […]
FINRA’s TBA Margin Rule: No Meeting of Minds with Industry
The pleas of fund managers and broker-dealers for the Financial Industry Regulatory Authority (FINRA) to change proposed rules requiring the collateralization of agency mortgage-backed securities and other transactions are falling on deaf ears and time is running out. The SEC is requiring that final comments on FINRA’s new proposal published last month be submitted by […]
US Registered Funds: Say Hello to Derivatives Risk Managers
Must have knowledge of derivative products, risk management, compliance procedures, technology implementation and project management. An MBA or graduate degree in financial engineering is required. A certified financial analyst designation is preferred. Those are the likely employment requirements for the derivatives risk manager that many US registered investment funds will have to hire if the Securities and Exchange Commission […]
Fund Transfer Agents: SEC Toughening the Rules
Providers of shareholder recordkeeping services for US mutual funds and non-equity accounts could soon face more regulatory oversight if the US Securities and Exchange Commission has its way. The SEC’s lengthy concept release issued late last year suggests that the US regulatory agency wants rules to keep up with the changing times. To that end, […]
UK Watchdogs Put C-Level Execs on the Hotseat
When it comes to accepting liability for regulatory wrongdoing, the top UK bank executives will no longer be able to hide behind the Queen’s royal we. As of March 6, C-level officials at UK banks and other bank-like organizations will find themselves individually liable for not only their own wrongdoing, but also for the financial […]
Target2Securities: Are Fund Managers Paying Enough Attention? (Updated)
(The information in this article was updated on December 11 to reflect the European Central Bank’s new changes to the T2S migration timetable). When first envisioned in 2008, Target2 Securities (T2S) was hailed by the European Central Bank as a single settlement platform to reduce the post-trade processing costs associated with domestic and cross-border European securities […]