Foreign fund managers, prime brokers, broker-dealers and banks entering into US equity derivative transactions are facing a taxing operational challenge. Worse, at this point it isn’t entirely clear how it will work. After the US Congress passed enabling legislation in 2010 and the Internal Revenue Service floated several proposed versions of the rules to massive industry […]
Clearing the Decks for Uncleared Swaps Margins
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 […]
Panama Papers Fallout: Heavier KYC/AML Burden(Updated)
(Editor’s Note: After this article went to press, the US Treasury said it had adopted a rule requiring banks, broker-dealers, mutual funds, futures commission merchants and introducing brokers in commodities to collect and verify information on beneficial owners. The Treasury also sent to Congress legislation to approve requiring that companies formed in the US file […]
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 […]
New SEC Reporting Forces Big Analytic Leap for Funds
Duration, options delta, gamma, vega. total monthly return and payoff profile. These are just a handful of the data points which mutual fund companies will be required to provide the US Securities and Exchange Commission if the regulatory agency finally adopts its new reporting rules for registered investment companies. For the SEC, the new data […]
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. […]
FINRA to Robo-Advisors: Human Touch is Critical
Why pay high advisory fees to talk to a wealth manager when a high-tech algorithmic system can provide advice for a fraction of the cost? That’s the argument given by broker-dealers and investment advisors when convincing investors of the merits of robo-advice platforms. However, the Financial Industry Regulatory Authority (FINRA) apparently thinks that far more […]
The Derivatives ID Dilemma: Industry Accord Suggests an ISIN Solution
Is the International Securities Identification Number (ISIN) not fit for purpose for identifying certain types of derivatives, as claimed by some partisans for other identifiers or just “concerned citizens” of the derivatives realm? Or is the only possible solution for regulatory reporting requirements a Unique Product Identifier (UPI) based on the descriptive taxonomy developed by […]