Tuesday 23rd December 2014
NEWS TICKER: MONDAY, DECEMBER 22ND 2014: NASDAQ welcomed 313* new listings this year, including 189 initial public offerings (IPOs), worth a combined $22bn -- more IPOs than any other US exchange, representing a 50% increase from the 126 IPOs in 2013. The exchange says that 62% of the top 100 best performing IPOs overall this year, including eight of the top ten, listed on its main board – Meanwhile, TMX Group today announced that Toronto Stock Exchange (TSX) set a new daily volume record on December 19th with 1,535,887,985 shares traded, which surpassed the previous record of 895,769,152, $20,213,746,759. The previous record of $19,278,924,809 was set on September 18th 2008.which was set on December 19th 2008 - Fitch Ratings has revised the Outlook for both Bahrain's Long-term foreign and local currency Issuer Default Ratings (IDR) to Negative from Stable and affirmed the IDRs at 'BBB' and 'BBB+', respectively. The issue ratings on Bahrain's senior unsecured foreign and local currency bonds have also been affirmed at 'BBB' and 'BBB+', respectively. The agency has simultaneously affirmed Bahrain's Country Ceiling at 'BBB+' and Short-term foreign currency IDR at 'F3' - Finnish IT company Neonella Oy (Ltd) is launching a service platform that enables the use of bitcoins, as part of interactive advertising, for example in TV-programs. The service also makes bitcoin transactions possible from media companies or advertisers to consumers. Neonella is currently seeking funding for the platform through a crowdfunding campaign. The payment interface developed enables ordering of goods or services within video or TV programs. It is also possible to vote, donate and encourage the viewers to tell about their opinions as part of the content. The same technology works in internet marketing and banners as well as in TV- and video content. - Citi is reportedly stepping in to absorb the energy and metals commodity-trading books of Credit Suisse. Citi's acquisitions will be added to the trading books it took on from Deutsche Bank this year - Credit Suisse Group meanwhile is focusing on equity trading. The banking group is said to be working with Intercontinental Exchange to restore more trading on the exchange. ICE is proposing a compromise in which exchanges agree to reduce stock-trading prices and banks agree to a rule requiring more trading on exchanges, reports the Wall Street Journal - Looking beyond post FED rate hike actions should be the key for investors to explore deep values at reasonable earnings momentum thinks Is Yatirim in Istanbul. The firm’s analysis think that the world will have to endure “a long period of low-growth, low-environment double whammy, which may not necessarily bad for Turkey [which] has hunger for foreign savings at least for another five years – Private equity firms Lombard Investments and LeapFrog Investments have bought just under 11% of the shares of Thai insurer Syn Mun Kong (SMK) for $57.5m from the Royal & Sun Alliance Group (4.35m shares at around $13.20 each), according to a regulatory filing - VTB Capital has successfully completed the RUB 2.5 billion securitisation deal for AK BARS BANK mortgage portfolio​ as part of the Vnesheconombank's programme for investing in affordable housing and mortgages in 2010-2013 - According to the US government technology news agency, North Korea has denied the Obama administration's allegations that it launched the hack attack against Sony Pictures Entertainment and has demanded that a joint investigation with the US into the incident be launched. The secretive communist regime, based in Pyongyang, also promised there would be "grave consequences" if the United States failed to agree to the joint probe. - Fitch Ratings has revised the Outlooks on Bahrain's Long-term foreign and local currency Issuer Default Ratings (IDR) to Negative from Stable and affirmed the IDRs at 'BBB' and 'BBB+', respectively. The issue ratings on Bahrain's senior unsecured foreign and local currency bonds have also been affirmed at 'BBB' and 'BBB+', respectively. The agency has simultaneously affirmed Bahrain's Country Ceiling at 'BBB+' and Short-term foreign currency IDR at 'F3' - Finnish IT company Neonella Oy (Ltd) is launching a service platform that enables the use of bitcoins, as part of interactive advertising, for example in TV-programs. The service also makes bitcoin transactions possible from media companies or advertisers to consumers. Neonella is currently seeking funding for the platform through a crowdfunding campaign. The payment interface developed enables ordering of goods or services within video or TV programs. It is also possible to vote, donate and encourage the viewers to tell about their opinions as part of the content. The same technology works in internet marketing and banners as well as in TV- and video content. - Citi is reportedly stepping in to absorb the energy and metals commodity-trading books of Credit Suisse. Citi's acquisitions will be added to the trading books it took on from Deutsche Bank this year - Credit Suisse Group meanwhile is focusing on equity trading. The banking group is said to be working with Intercontinental Exchange to restore more trading on the exchange. ICE is proposing a compromise in which exchanges agree to reduce stock-trading prices and banks agree to a rule requiring more trading on exchanges, reports the Wall Street Journal - Looking beyond post FED rate hike actions should be the key for investors to explore deep values at reasonable earnings momentum thinks Is Yatirim in Istanbul. The firm’s analysis think that the world will have to endure “a long period of low-growth, low-environment double whammy, which may not necessarily bad for Turkey [which] has hunger for foreign savings at least for another five years – Private equity firms Lombard Investments and LeapFrog Investments have bought just under 11% of the shares of Thai insurer Syn Mun Kong (SMK) for $57.5m from the Royal & Sun Alliance Group (4.35m shares at around $13.20 each), according to a regulatory filing - VTB Capital has successfully completed the RUB 2.5 billion securitisation deal for AK BARS BANK mortgage portfolio​ as part of the Vnesheconombank's programme for investing in affordable housing and mortgages in 2010-2013.

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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