Monday 26th January 2015
FRIDAY, JANUARY 23RD 2015: European markets regulator ESMA has added Athens Exchange Clearing House to its list of authorised CCPs under the European Market Infrastructure Regulation (EMIR). EMIR requires EU-based CCPs to be authorised and non-EU CCPs to be recognised in the European Union (EU). The updated list of authorised CCPs is available on ESMA's website - Driven by strengthening private domestic demand, economic growth in the US is expected to accelerate modestly this year and drag last year’s unspectacular housing activity upward, according to Fannie Mae’s Economic & Strategic Research (ESR) Group. Amid continued low gasoline prices, a firming labour market conditions, rising household net worth, improving consumer and business confidence, and reduced fiscal headwinds, the economy is expected to climb to 3.1% in 2015, up from the Group’s estimate of 2.7% in the prior forecast. The stronger economic backdrop should lead to improving income prospects, underpinning a higher rate of household formation in 2015. "Our theme for the year, Economy Drags Housing Upward, implies that both housing and the economy will pick up some speed in 2015, but that the economy will grow at a faster pace," says Fannie Mae chief economist Doug Duncan. "We have revised upward our full-year economic growth forecast to 3.1% for 2015, which is not yet robust but still an improvement over last year’s growth. Consumer spending should continue to strengthen due in large part to lower gas prices, giving further support to auto sales and manufacturing. We believe this will motivate the Federal Reserve to begin measures to normalize monetary policy in the third quarter of this year, continuing at a cautiously steady pace into 2016 and 2017, likely keeping interest rates relatively low for some time." - The Russian Central bank said yesterday that its gold reserves grew by a 600,000 ounces (18.7 tonnes) in December – the ninth successive month of gold reserve increases. Russia has now more than tripled its gold reserves in the past ten years. The ruble has fallen in value by almost 50% in the past 12 months which makes the nation’s gold reserves ever more important to its global economic status – According to LuxCSD the Taiwan Depository and Clearing Corporation (TDCC) has announced, effective Sunday (January 25th) the firm’s BIC will change from TDCCTWT1 to TDCCTWTP. Customers should quote the TDCC's new BIC in field 95P::PSET//TDCCTWTP of their settlement instructions – Moody's today upgraded the Corporate Family Rating (CFR) of Stabilus S.A. to B1 from B2 and the Probability of Default Rating (PDR) to B1-PD from B2-PD. At the same time the rating agency upgraded the instrument ratings assigned to the Senior Secured Notes issued by Servus Luxembourg Holding S.C.A. to B1 from B2. The outlook on all ratings remains positive – The US Federal Reserve Bank of New York says its daily Fed Funds effective rate is now 0.12% (Low 0.30%, High 0.3125%) with four basis points of standard deviation - Vanguard Group, already the biggest mutual fund company in the world, has risen to second place as a provider of exchange-traded funds, says ETF.com—based on the success of its low-cost index funds, including ETFs. Boston-based State Street Global Advisors, has dropped from second to third. Even so, SSGA still has the largest ETF in the world, the SPDR S&P 500 ETF (SPY | A-98) - The Straits Times Index (STI) ended +41.21 points higher or +1.22% to 3411.5, taking the year-to-date performance to +1.38%. The FTSE ST Mid Cap Index gained +0.97% while the FTSE ST Small Cap Index gained +0.23%. The top active stocks were CapitaLand (+4.09%), DBS (+0.80%), SingTel (+0.76%), UOB (+0.72%) and Noble (-0.47%). The outperforming sectors today were represented by the FTSE ST Real Estate Holding and Development Index (+2.31%). The two biggest stocks of the FTSE ST Real Estate Holding and Development Index are Hongkong Land Holdings (+1.18%) and Global Logistic Properties (+1.57%). The underperforming sector was the FTSE ST Oil & Gas Index, which gained +0.16% with Keppel Corp’s share price unchanged and Sembcorp Industries’s share price declining +0.93%. The three most active Exchange Traded Funds (ETFs) by value today were the SPDR Gold Shares (+0.77%), IS MSCI India (+1.89%), DBXT MSCI Asia Ex Japan ETF (+1.57%) –

Blog

Regulatory Update

Management in the bull’s eye

Tuesday, 23 July 2013 Written by 
Management in the bull’s eye Today, managers are operating in a world of changing expectations. They are expected to do more to ensure that employees act appropriately and that fund and firm governance are firmly grounded. For those who miss the mark, the personal consequences can be serious. http://www.ftseglobalmarkets.com/

Today, managers are operating in a world of changing expectations. They are expected to do more to ensure that employees act appropriately and that fund and firm governance are firmly grounded. For those who miss the mark, the personal consequences can be serious.

The UK, at the forefront recently in defining expectations of management, this week established greater personal responsibility for senior bankers—including criminal liability for "reckless misconduct” and a burden of proof that will hold senior bank officers accountable "unless they can demonstrate that they took all reasonable steps" to prevent misconduct. The possibility of extending these provisions to other sectors of the financial services industry is explicitly discussed in the directive. Over time, the forces moving the banking industry in this direction will likely affect the alternatives space as well.
 
In the US, the SEC has openly stressed that senior management will be held responsible for creating, managing and maintaining an effective control environment. A conference for senior management was held in February 2012 precisely to drive this point home. And, senior staff frequently emphasize the point in speeches. Most recently, Drew Bowden, the Director of the SEC’s Office of Compliance Inspections and Examinations, reiterated the message and told investors that a portfolio manager who dominates his firm “in the old style” is a “warning indicator” to the SEC. (Other “warning indicators” include a lack of an adequate process for the investment and risk management functions.)
 
The CFTC's actions against Jon Corzine, former CEO of MF Global, epitomize the shift. According to the CFTC, Corzine's behavior led employees to dip into segregated customer accounts. Echoing the spirit of the CFTC's actions, there are calls in the press for personal liability for officers when lower-level employees violate segregation laws. And Senator Elizabeth Warren recently questioned the Federal Reserve, the Treasury, the FDIC and the Office of the Comptroller of the Currency about why they were settling so frequently with those who may have broken the law. 
 
In today’s environment, senior management may be well advised to revisit governance issues. Clarity about rules and expectations is necessary—both internally at their firms and at the funds they manage. Based on what investors are saying, managers with first-class infrastructures might even enjoy a marketing boost. A recent survey by the Cayman Islands Monetary Authority notes that a majority of the investors are not satisfied with the status quo in corporate governance. 

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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