Wednesday 27th May 2015
NEWS TICKER: TUESDAY, MAY 26th: The National Settlement Depository (NSD), Russia’s central securities depository, today announced that Alexander Nazarov has been appointed director of research and development Department. Nazarov will be coordinating the issues of product range development and NSD service improvement. His new responsibilities will also include developing the company’s correspondent and international relations - The UK’s Personal Finance Society (PFS) has called for greater control of non-regulated savings and investment activity, by bringing it under ‘the same umbrella’ as regulated advice. PFS chief executive, Keith Richards, said there needs to be greater clarity in the mind of consumers, on the distinction between regulated investment advice and non-regulated activities. The value of bridging loans written in the year ended March 2015 have grown by almost a half on last year’s results, according to Association of Short Term Lenders ASTL's quarterly figures - The UK’s Association of Short Term Lenders (ASTL) has revealed in its quarterly figures that £2.35bn worth of loans were written by members in the year ended March 2015, where the overall loan book expanded by 43%compared to the same period in 2014. While bridging loan applications are still increasing with a 29% year-on-year rise, the figures showed that the pace has slowed from 63% growth. A 19% drop from Q4 2015 to the first quarter of this year was also highlighted, albeit “not considered to be a concern” – According to press reports, Richard Pyman has taken a leave of absence from his role as Chief Executive Officer at Shawbrook Bank due to illness. Pyman, who was appointed as CEO of the challenger bank in April 2014 after joining the group two years before, is taking temporary leave from his role after following medical advice. Pyman’s leave of absence was announced just as the group released its Q1 2015 results; and the bank began to bed down the proceeds from its early-April IPO, which raised £90m. Tom Wood, the lender’s Chief Financial Officer, will be filling in for Richard during his absence as interim Chief Executive Officer, while still continuing his normal role with support from Stephen Johnson - Cordea Savills, the international property investment manager has sold Erneside Shopping Centre, Enniskillen, Northern Ireland on behalf of a corporate pension fund client for £34.25m. The 163,000 sq ft shopping centre comprises 34 retail units and 666 car parking spaces. It is located in the centre of Enniskillen, the largest town in the region, and the dominant retail location. The centre, which is more than 97% let by floor area, is anchored by Marks & Spencer and Next which is currently being extended to include both their fashion and homeware formats. The asset was acquired by the Fund in 1995 and has evolved with two comprehensive phases of extension and remodelling in 1998-2000 and 2006-2008 -

Blog

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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