Thursday 26th March 2015
NEWS TICKER, THURSDAY MARCH 26th 2015: Moody's says that The Link Real Estate Investment Trust's (A2 stable) acquisition of the mid-end positioned EC Mall in Beijing is credit negative, but has no immediate impact on its ratings. The acquisition, while immediate EBITDA and cash flow accretive, will reduce liquidity and increase debt leverage, as measured by gross debt to EBITDA. This is Link's first venture into the Chinese retail market. Yesterday, Link announced that it will acquire EC Mall for a total consideration of RMB2.5bn. The transaction will close on April 1st - The outcomes of the March 19th-20th spring European Council will be debated with European Council President Donald Tusk and European Commission President Jean-Claude Juncker at 15.00 today. Agenda items at the Council include Energy Union, the EU’s economic situation, its eastern partnership, and the situation in Libya - -- The sharp fall in oil prices will have a positive, yet limited credit impact for most European asset-backed securities (ABS) collateralised by loans granted to small and medium-sized enterprises (SMEs), says Moody's Investors Service in a sector comment published today. "If we balance both direct and indirect exposures to the oil and gas sectors, which affect performance the most, the net effect is slightly positive," says Monica Curti, a Moody's Vice President and author of the report. The rating agency observes that securitised portfolios have very low direct exposure to the oil and gas industries, for which lower prices are credit negative. For pools where borrowers are indirectly exposed to these sectors, Moody’s says the oil price decline will be slightly positive in terms of credit performance due to its strong positive effect on sectors such as airlines, shipping and packaged food, which represent up to 12% of some European ABS SME portfolios. However, for over 60% of the ABS SME transactions that Moody's studied, the net effect of oil price exposures is negligible. In addition, the general positive effect of the oil price decline on economic growth will be mild. "While sustained lower oil prices would significantly boost economic growth in principle, their positive effect will be mild for European SMEs because of the euro area's low dependency on oil and the fact that oil prices have fallen in a subdued economy," says Ariel Weil, a Moody's vice president and co-author of the report - The Straits Times Index (STI) ended +5.76 points higher or +0.17% to 3419.02, taking the year-to-date performance to +1.60%. The FTSE ST Mid Cap Index gained +0.38% while the FTSE ST Small Cap Index gained +0.48%. The top active stocks were SingTel (+0.70%), UOB (+0.61%), DBS (-0.05%), Keppel Corp (+1.13%) and OCBC Bank (+0.29%). Outperforming sectors today were represented by the FTSE ST Utilities Index (+3.48%). The two biggest stocks of the FTSE ST Utilities Index are United Envirotech (+0.31%) and Hyflux (+1.14%). The underperforming sector was the FTSE ST Real Estate Holding and Development Index, which declined -0.33% with Hongkong Land Holdings’ share price declining -0.94% and Global Logistic Properties’ share price gaining +0.78%. – Reuters reports that Chicago-based CME Group had planned to debut an EU wheat-futures contract by the end of next month, but it has yet to reach agreements with local companies to guarantee sufficient deliverable capacity. Eric Hasham, senior director, CME Group is quoted as saying: "If for whatever reasons the parties that we are speaking to decide not to move forward ... we would not be making the contract available.” - Nigeria and Ivory Coast are looking to emulate Senegal's successful move into the market for Islamic bonds or sukuk, the head of the Islamic Corporation for the Development of the Private Sector (ICD) has said. Earlier this month the ICD, which is the private sector arm of the Jeddah-based Islamic Development Bank Group, signed an agreement with the African Export-Import Bank (Afreximbank) to cooperate in the development of the private sector in ICD member countries in Africa - Turkey received foreign direct investment worth $1.8bn in January, according to Turkey’s Economy Ministry. The energy sector was the largest recipient of international capital during the month with $735m worth of inflows. Foreign investment to the county increased by 44% in the first month of 2015 compared with the same month in the previous year, said the statement. Around a quarter of the investment came from European countries, a significant decrease (-76%) compared with January 2014. More than $420m in investments came from Asian countries, such as China and Malaysia. There were 175 new, foreign-funded companies established in the first month of the year, down from 410 in the same month of 2014. A total of 41,699 companies were operating in Turkey with international capital as of January 2015, with 24,612 of them operating in Turkey’s largest province, Istanbul, the ministry said. The report also said that of the total number of foreign-funded companies in Turkey, 6,054 were German-funded and 2,774 were financed by the United Kingdom. Turkey received a total of $12.4bn in foreign direct investment in 2014, down 1.7% compared with 2013.

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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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