Thursday 18th December 2014
NEWS TICKER: WEDNESDAY, DECEMBER 16TH 2014: GEA Group Aktiengesellschaft is one of the largest suppliers for the food processing industry, following the sale of the Heat Exchangers Segment at the end of October this year, Klaus Hunger, chairman of the General Works Council of the former GEA Heat Exchangers Segment, has announced his retirement from the GEA Group Supervisory Board. By order of the local court of Düsseldorf, Brigitte Krönchen, deputy chair of the GEA Farm Technologies Works Council, was appointed to the as the new employee representative. - On a seasonally adjusted basis, the US Consumer Price Index for All Urban Consumers declined 0.3% in November after being unchanged in October, according to the Bureau of Labor. The index for all items less food and energy increased 0.1% last month after rising 0.2%in October - Methorios Capital, an Italian based independent financial services company, has listed on the Alternext market in Paris, with the direct listing of the existing 133,436,181 shares. The admission price of Methorios Capital shares was set at €0.63 per share. Market capitalisation was €84.1mon on its debut. Fabio Palumbo, Chairman of Methorios Capital, says “This listing allows the company to increase its international visibility, the share liquidity and guarantee new capital raising opportunities to finance its growth.” - Nasdaq today announced that LifeSci Index Partners, LLC, will list two new exchange-traded funds, the BioSharesTM Biotechnology Clinical Trials Fund (Symbol: BBC) and the BioSharesTM Biotechnology Products Fund (Symbol: BBP), on The Nasdaq Stock Market. BBC and BBP will begin trading today. "The landscape of the biotechnology sector has experienced dramatic shifts since the initial public offerings of Cetus and Genentech in the early 1980s," says Paul Yook, co-founder of LifeSci Index Partners. "Our BioShares funds are designed with the current biotechnology market in mind and offer investors unique and diversified portfolios of entrepreneurial biotechnology stocks by applying our rules-based index methodology." Both funds employ an equal weighting approach that allows each security's performance to affect the ETF equally, regardless of the size of the company. In this way, a relatively small firm enjoying a major breakthrough can have a meaningful impact on the ETF. An equal weighting also serves to minimize the outsize impact that a handful of mega-cap biotech companies can have on more traditional, market-cap weighted indexes. - According to Platon Monokroussos, head of research at Eurobank, “Taking their cue from the negative tone in Asia earlier today, major European stock markets stood in a negative territory in early trade on Wednesday pressured by persisting Russia jitters and the continued downtrend in oil prices amid oversupply concerns. The FOMC holds its final meeting of the year today. The policy announcement is scheduled for 20:00 CET and market focus is on whether the FOMC will drop its commitment “to maintain the 0 to ¼% target range for the federal funds rate for a considerable time following the end of its asset purchase program” - The first round of voting for the election of the new President of the Hellenic Republic in the 300-seat Parliament is scheduled to take place this evening at 19:00 Athens time (EET). As per Article 32 of the Constitution of Greece, a 2/3rd majority of the number of seats is required for the election of the new President i.e., 200 in-favour votes. Recall that Greece’s two-party coalition government currently enjoys the support of 155 lawmakers; center-right New Democracy controls 127 seats and PASOK 28. The coalition government has nominated former EU Commissioner Stavros Dimas for the presidential post – The UK’s Water Services Regulation Authority's (Ofwat’s) final determination on price limits for UK water companies over the forthcoming five-year control period 2015-20, which was announced on December 12th, remains challenging but in line with expectations, says Moody's in a report published today. The main difference is a further 10 basis-point reduction in the allowed wholesale return, resulting in an overall allowed return for the business as a whole (including wholesale and retail activities) of 3.74%, compared with 3.85% in the draft determination and 5.1% in the current period. However, the ratings agency says negative implications of the additional 10 basis-point reduction are somewhat offset by other positive changes from the draft determination stage, including an adjustment for cost inflation on retail cost allowances from 2012-13 to 2013-14. Moody's notes that United Utilities Water Limited (A3 stable) and Thames Water Utilities Ltd (Baa1 negative) benefitted from significant changes to their overall total expenditure allowances between draft and final determination, and, in the case of Thames Water, a company-specific uncertainty mechanism related to the Thames Tideway Tunnel project. Similarly, Moody’s says Southern Water Services Limited (Baa2 negative) achieved a significant improvement in the legacy adjustment related to its performance in the current regulatory period. Conversely, Bristol Water plc (Baa1 stable) remains the relative loser of the final determination, as it faces the largest relative reduction in wholesale total expenditure allowance compared with the company's plan. The gap between Bristol Water's proposed wholesale total expenditure versus Ofwat's final determination allowances is 32%, making a referral to the Competition and Markets Authority likely – Bloomberg reports that Jefferies Group is moving to shed the commodities and financial-derivatives business that it bought from Prudential Bache in 2011. Jefferies says it's getting out of the business because of high costs and dwindling fees – California’s SunEdison, Inc says it has closed its second fund for distributed solar photovoltaic (PV) generation projects in the United States with Barclays and Citi. The lease pass-through fund is valued at $117m, and follows on the Barclays and Citi fund closed earlier this year. This brings the aggregate value of funds closed this year with Barclays and Citi for SunEdison and TerraForm Power's distributed generation projects to $290m. The fund will provide financing for a portfolio of distributed generation PV projects in 12 states across the West Coast, mid-Atlantic, New England, Hawaii and Puerto Rico. The projects are expected to be operational in the fourth quarter of 2014 through the first half of 2015. Upon mechanical completion, the projects will be sold to TerraForm Power – Emolument.com, the salary benchmarking site has examined bonus data from 322 VPs working in front office in Asset Management in Europe. It finds London’s salaries are the highest –with a strong culture of incentivising staff, “bonuses in London are the chunkiest in Europe” says the firm. However, salaries are higher in Geneva (at a 23% premium to London). VPs in Amsterdam earn as much as those in Paris says the firm - According Sino news service Red Pulse, Baidu will invest $600m in the taxi start-up, marking the tech giant’s official entry into the taxi app space, a year after Tencent and Alibaba announced their investments in taxi apps DidiTaxi and Kuaidi Taxi respectively. This recent acquisition marks yet another push from Baidu to compete in the mobile payment and O2O market sectors. Baidu launched its third-party payment platform, Baidu Wallet, in April 2014, competing with Alibaba’s Alipay and Tencent’s Tenpay platforms. Baidu also has an investment in the travel website Qunar, which in addition to Baidu Wallet, also offers the option for payment through other platforms. Some industry sources believe that this new investment will be no different and that Uber will likely remain open to other payment channels. Even if this is not the case, Baidu Wallet will continue to face considerable hurdles. While the company has grown a strong client base through its mapping app, it has yet to prove that it can transform passive consumers to active ones, willing to make a purchase through its platform - Russia continues to take a beating in the FX trading markets. The depreciation of the Ruble this year is unprecedented and while it has also put pressure on other emerging market currencies, Russia is the fall guy in today’s markets, while the USD and JPY are both benefactors of safe haven investment flows. The euro found its footing as it attempted to rally back above 1.2500 following better than expected PMI readings and a huge jump in the German ZEW economic sentiment survey, though it is looking toppy and selling is now expected - UK economic news flow has tended to be better than analysts expect over the last couple of months and aside from a very downbeat inflation report and inflation expectations, the rest of the economy is maintaining a firm pace of growth. The issue however is the role inflation plays in the BOE’s policy outlook, currently inflation at 1% is well below the BOE’s target of 2%, and concerns are inflation will decline further before recovering, this is likely to impact the BOE’s progression to raising interest rates and as such will have ongoing implication on the value of GBP. For now GBP is marginally firmer on the morning.

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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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