Tuesday 5th May 2015
NEWS TICKER: FRIDAY, MAY 5th: Randgold Resources confirms that at the Company's Annual General Meeting held earlier today the shareholders approved a final dividend for the year ended December 31st 2014 of $0.60 per share. The dividend payment will be made on Friday May 29th to shareholders on the register as at Friday March 13th The ex-dividend date was Thursday March 12th. The exchange rate for payment to those shareholders who have elected to receive the final dividend for the year in Pounds Sterling is: £1/$1.5134. The company also announces that at its Annual General Meeting all of the resolutions were passed on a poll. Copies of all the resolutions passed have been submitted to the National Storage Mechanism and will shortly be available for inspection at www.hemscott.com/nsm.do - Intercontinental Exchange today reports April 2015 futures and options average daily volume (ADV) declined 11% compared to April 2014. Commodity ADV increased 11% led by Brent, Other Oil and Sugar contracts up 21%, 37%, and 30% respectively, from the prior April. Meantime, financials ADV declined 28% from the previous April primarily due to continued low volatility in Continental European short-term interest rate and single stock equity contracts. ADV for NYSE’s US cash equities increased 3%, while US equity options ADV declined 30% from the prior April. NYSE’s U.S. cash equities market share was 23.8% and NYSE’s U.S. options market share was 18.4% - McDonald’s Corporation’s new chief executive today laid out initial plans for luring back customers, boosting sales and transforming the world’s biggest restaurant chain by revenue into a “modern, progressive burger company.” The plans include organising McDonald’s business around four new operating divisions, selling restaurants to franchisees, cutting corporate costs, improving food quality and taking layers out of its “cumbersome” management structure - The Central Electricity Authority (CEA) is reported to be planning an exhaustive basin-wise study of the hydropower potential in the country after a gap of 28 years. The study will also assess the environmental and social impact of river basin development. The last survey was undertaken between 1978 and 1987. The plans come against a backdrop of widespread protests against hydropower projects in India from people who are at risk of being displaced by the projects. Most of India’s hydropower potential falls in seismic zone 5, they charge, a region classified as highly vulnerable to high-intensity quakes. The exercise will also consider issues such as site geology, submergence and impact on environment and forests - Optical network infrastructure specialist has announced it has entered a definitive agreement to acquire Cyan Inc, a rival optical provider and software platform specialist. The agreement puts an approximate $400m on Cyan; no other terms have been released yet - Spain’s Cirsa Funding Luxembourg SA has announced the results of its tender offer to repurchase for cash up to €450,000,000 aggregate principal amount of its outstanding 8.75% senior notes due 2018. Deutsche Bank, London Branch is acting as tender agent and dealer manager - Trading turnover since the start of 2015 touched CHF534.3bn (+33.1% versus the same period in the prior year of 2014), while the number of trades since the start of 2015: 18,297,635 (+39.9% versus the prior year period) and average trading turnover per day was valued at CHF6.5bn over the first four months of this year says SIX Swill Exchange and SIX Structured Products Exchange - CME Clearing says it is aware that PAI was not included in the end-of-day (EOD) reporting or cash movements from Monday 5/4 for CDS in Production. IRS was not affected says the CCP. To correct, CME Clearing will enter cash adjustments tonight for each open position and will contact each firm with their expected adjustment figures. The CCP also apologies for the inconvenience caused – The Federal Reserve Bank of New York says its daily effective Fed Funds rate is 0.13% (Low 0.060% and High ).3125%) with four basis points of standard deviation - UK operator O2 has acquired the interest held in mobile commerce outfit Weve from its joint venture partners EE and Vodafone. Weve will now operate as a wholly owned subsidiary of O2 UK -

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Regulatory Update

Protect Your Firm... And Your Personal Assets!

Monday, 30 July 2012 Written by 
Protect Your Firm... And Your Personal Assets! Hoping for a respite from regulatory change?  Think again.  Gathering forces may create a regulatory storm that is even more difficult than the one faced in the 2007-2009 financial crisis.  In this tempest, both the regulated and the regulators will have bull’s-eyes on their backs.  Regulators are likely to become more conservative in their analysis and more active.  It is therefore imperative to assess your firm now and prepare yourself to withstand regulatory inquiries.  You can also expect more scrutiny from investors who will seek to allocate funds only to those firms that they believe are fully complying with applicable laws and regulations. http://www.ftseglobalmarkets.com/

Hoping for a respite from regulatory change?  Think again.  Gathering forces may create a regulatory storm that is even more difficult than the one faced in the 2007-2009 financial crisis.  In this tempest, both the regulated and the regulators will have bull’s-eyes on their backs.  Regulators are likely to become more conservative in their analysis and more active.  It is therefore imperative to assess your firm now and prepare yourself to withstand regulatory inquiries.  You can also expect more scrutiny from investors who will seek to allocate funds only to those firms that they believe are fully complying with applicable laws and regulations.

What fuels this gathering storm?  Outright major misappropriations by the likes of Madoff and Peregrine's Wasendorf are part of the equation.  In addition, events such as the LIBOR-fixing scandal at Barclays, J.P. Morgan’s “London Whale” trading losses, and MF Global’s failure to segregate customer funds serve as cautionary examples.

These stories highlight that a firm’s assets, reputation, and in some cases, even the firm’s fundamental viability are at stake when things go awry.  As if that weren’t bad enough, senior executives face additional consequences.  In these and other similar incidents, personal assets can be at stake even when others are the primary wrongdoers.  



Think you are immune from these risks?  Think again.  Labaton Sucharow LLP, a plaintiff's law firm, recently published a unsettling study indicating that one in four financial industry professionals in the U.S. and U.K. believe wrongdoing is necessary for success.  If this study is credible, the message it sends to the general public is highly negative.  It speaks to senior management of alternative investment firms loud and clear: sometimes the best-intentioned executive may have an employee who hears an "unintended message" and veers off course.  Intended or not, the executive may ultimately bear responsibility. 

The first line of defense for an investment advisory firm and its executives is to build a culture in which the firm’s standards clearly and consistently meet all applicable regulatory and ethical expectations.  It is particularly important for firm leaders to reaffirm these standards and expectations during times of economic and operational stress, when legal and internal requirements may appear to conflict with business drivers (such as maximizing short-term results).  Employees must internalize that senior management will take the ethical route in order to maximize the long-term value of the firm—and expects them to do the same.

The second line of defense, at least in the U.S., is to develop a governance structure that satisfies the requirements specified in the U.S. Attorneys’ Manual.  This manual offers incentives to companies that adopt a comprehensive compliance and ethics program (and take certain actions upon the occurrence of alleged missteps).  A program that satisfies these requirements will contain elements in addition to those required by the SEC and CFTC.  Complying with the U.S. Attorneys’ Manual can be an invaluable safeguard that reduces the likelihood of an executive or his firm being charged with criminal violations.

The third line of defense is to undertake an honest self-assessment, and to consider the types of pressures that senior management and employees will encounter should the weakened state of the global economy continue.  Topics in the regulatory spotlight should be included in this assessment.  The intent here is to prepare for the possible pressures employees and senior management might face, thereby reducing the chance that hasty decisions are made in the heat of the moment. Ill-considered actions can carry serious penalties and act as a lightning rod for litigation by regulators, investors, and other third parties (such as credit providers).  Advance preparation will help your staff make faster and better decisions if the need should arise. 

You can't always remove that bull’s-eye on your back, but you can at least make the target less bright.

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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