Financial firms have it hard enough verifying the identity of their customers. They have to make certain to ask all the right questions and hope they get the right answers. It is an error-prone process, but at least the main thing the bank, broker-dealer, or mutual fund has to know is just who it is directly […]
AIFMD’s Depositary Lite: Handy Option With Limited Lifespan?
It’s lite, but is it right? That’s the question, some fund managers should be asking themselves about which business model they use when selecting a depositary to perform critical post-trade services under the new European Alternative Investment Fund Managers Directive (AIFMD), a regulatory initiative which enables cross-border marketing of alternative funds in EU countries. Given […]
Hedge Fund Managers: The Big Headache of Healthcare Reform
FinOps takeaway: Your count of “full-time employees” may not be what the IRS says it is. Mainstream attention on the controversial US healthcare legislation has focused on how difficult or financially affordable access to health insurance may be for individual people. For employers, there is a far larger and only slowly emerging story in the huge difficulty and cost they […]
Money Market Fund Managers: SEC Ships New Operational Challenges
After years of uncertainty about how regulatory reform would play out, money market fund managers may be relieved to know finally how they will be regulated by new rules adopted by the US Securities and Exchange Commission. But the news won’t be particularly comforting to the operations, compliance and technology staff of the funds, which represent a third of […]
Alt Mutual Funds: Seeking Alpha under SEC Scrutiny
If it looks like a duck, but honks like a goose, is it a duck or is it a goose? As far as the US Securities and Exchange Commission is concerned, the duck can honk all it wants, it still has to live by duck rules. The regulatory agency is making certain that mutual funds that act like […]
Fund Managers: Addressing the Regulatory Data Quagmire (Updated)
Dodd-Frank. EMIR. FATCA. AIFMD. Solvency II. The reporting obligations of fund managers just keep growing. The snowballing burden — with new regulations and reporting rules popping up at an alarming pace — is forcing many to step back from their usual resigned willingness to learn and follow one regulatory rule after another. The emerging alternative: looking at the bigger picture of […]
European Transaction Tax: The Taxing Job of Getting Ready
Let’s face it. Consumers aren’t eager to pay sales taxes, but neither are retailers eager to charge and collect them. Taxes not only raise prices and potentially reduce the number of sales made, but tax collection also creates operational and technological burdens to administer. Now imagine operations and IT specialists across the globe having to […]
GATCA: Brace for FATCA on Steroids
The US Internal Revenue Service didn’t make any friends among financial firms abroad when it imposed the Foreign Account Tax Compliance Act (FATCA) to make non-US financial institutions responsible for preventing tax evasion by US persons. Yet it definitely caught the attention of tax authorities in other nations. Several dozen of the world’s largest markets — led […]
BNP Paribas $9B Fine: Dirty Messages and Dirty Money
Motive, means and opportunity. Those are the three elements that criminal prosecutors look for, when setting up a criminal conviction. In a case involving BNP Paribas (BNPP) — the largest bank in France and the fifth largest in the world — prompting US$8.97 billion in fines and a guilty plea to a criminal charge in a […]
EMIR: Gaining Control of Old Errors and New Requirements
EMIR, it’s short for European Market Infrastructure Regulation. It has also become a four-letter word for fund managers struggling to fulfill reporting requirements. About five months after the effective date for fund managers and broker dealers to send details of trades executed on exchange-listed and over-the-counter swap transactions to recognized trade repositories, fund managers are bemoaning the number […]