Thursday 23rd May 2013
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European regulators said yesterday they will decide by June 24th whether to clear an $8.2bn takeover bid by IntercontinentalExchange for NYSE Euronext - Singapore state investor Tamasek has bought a stake in data provider Markit. The deal, which had been speculated on for the last two weeks, is reported to be worth $500m, securing Tamasek a 10% stake - Moscow Exchange began trading mortgage-backed participation certificates today, the first time such instruments have been traded on the Russian market - BlackRock is set to double the amount of money it has invested in real estate after reaching a deal to buy independently managed real-estate advisory business MGPA - US asset manager Vanguard will benchmark four new Irish-domiciled exchange-traded funds (ETFs) to a range of FTSE indices - JPMorgan will end its transition management operations in the US, Europe, Middle East and Africa - Emirates Islamic Financial Brokerage (EIFB), a major Shariah-compliant broker in the UAE, has become a member of Nasdaq Dubai, the region's international exchange. EIFB will focus on opportunities for trading Shariah-compliant shares listed on Nasdaq- Moody's Investors Service confirmed the ratings of Elan Corporation, plc ("Elan") including the Ba3 Corporate Family Rating and the Ba2-PD Probability of Default Rating. This concludes the rating review for downgrade initiated on May 13, 2013. At the same time, Moody's assigned a Ba3 rating to the new senior unsecured note offering of Elan Finance plc, guaranteed by Elan. The rating outlook is stable – According to data released by the National Bureau of Statistics(NBS) last Saturday, China's housing inflation accelerated to its fastest pace in April in two years, driven by a jump in prices in Beijing and Shanghai, complicating the task of policymakers trying to cool the property sector while supporting economic expansion. Average new home prices rose 4.9% last month from a year ago, after a year-on-year increase of 3.6%. The rise was the sharpest since April 2011 – S&P reiterated its negative outlook on India’s credit rating last Friday, despite a previous attempt by government officials to push for an upgrade in light of their actions to put India’s finances in order. India’s credit rating is BBB-, one notch above “junk” – JP Morgan Asset Management is to launch an investment company investing in convertible securities from a range of sectors, targeting income and the potential for long-term capital growth. Domiciled in Guernsey, the JPMorgan Global Convertibles Income Fund will be managed by the convertible bond team headed by Antony Vallee -ABS deals currently in the pipeline include: €800m Bavarian Sky German Auto Loans 1; $238m CarFinance Auto Receivables Trust 2013-1; $599.7m Edsouth Indenture No.4 Series 2013-1; and €300m Volta Electricity Receivables Securitisation – RMBS deals in hand include Firstmac Series 1E-2013 and £420.6m Kenrick No.2; $425m HLSS Servicer Advance Receivables Trust series 2013-T2 and $425m 2013-T3 – CMBS deals underway include the $510m JPMCC 2013-JWRZ and $1.47bn WFRBS 2013-C14 -

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Regulatory Update

Lessons from an Industry Titan: Jamie Dimon’s Testimony

Friday, 15 June 2012 Written by 
Lessons from an Industry Titan: Jamie Dimon’s TestimonyThis week, J.P. Morgan Chase’s CEO, the highly regarded Jamie Dimon, testified before the US Senate banking committee regarding the failures of its Chief Investment Office (CIO), the group responsible for certain well-publicized losses. We thought his testimony provided more than a few lessons on governance matters and the state of the world generally. Here they are:http://www.ftseglobalmarkets.com/

This week, J.P. Morgan Chase’s CEO, the highly regarded Jamie Dimon, testified before the US Senate banking committee regarding the failures of its Chief Investment Office (CIO), the group responsible for certain well-publicized losses. We thought his testimony provided more than a few lessons on governance matters and the state of the world generally. Here they are:

"[W]e are still reviewing the facts...”

Lesson: Never speak out publicly in a definitive way until you fully know the facts.  You will not fully know the facts for months.



"...I will explain everything I can to the extent possible."

Lesson: Even for Dimon, transparency matters.

"CIO's strategy...was poorly conceived and vetted.  The strategy was not carefully analyzed or subjected to rigorous stress testing.... CIO's traders did not have the requisite understanding of the risks they took.”

Lesson: Didn’t we learn this lesson in 2008? Back then we learned that some strategies had assumptions that seemed poorly founded in retrospect. This was particularly true about the behavior of the mortgage markets and their derivatives.  Guess the lesson is that most people never learn this lesson. Before a system or strategy is implemented, and periodically thereafter, management (including the board) should ask the probing questions. Make no assumptions on this score.

"Personnel in key control roles in CIO were in transition and risk control functions were generally ineffective in challenging the judgment of CIO's trading personnel.”

Lesson: The press reported that the CIO’s then-current chief risk officer began to internally express his concerns about London office trading strategies last year. This past January, he was replaced as the head of risk by a former trader who, at least according to the press reports, had no prior risk management experience. This lesson relates to human nature: it's very hard to appreciate someone who has a different point of view. Watch out – he may be right.

"Risk Committee structures and processes in CIO were not as formal or robust as they should have been.”

Lesson: Assessments have to be substantive, robust, and “real”, and be tested and documented regularly as assumptions and/or reality changes. Structure, process and formality may not protect you from all losses, but they can provide a protective shield that will hopefully mitigate them. Be sure to build your protective shield. 

 

Deborah Prutzman

Deborah Prutzman is the founder and CEO of The Regulatory Fundamentals Group (RFG), a New York-based firm that designs and implements business and risk solutions for alternative asset managers and institutional investors. RFG's senior-led team employs a robust suite of tools, including practical alerts on new and potential industry developments and its powerful RFG Pathfinder® knowledge management platform which simplifies the challenges of operating in a regulated environment.  To learn more about The Regulatory Fundamentals Group call (212) 537-4058, email a representative at Information@RegFG.com or visit RegFG.com

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