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

Waiting for the SEC to Jumpstart U.S. Business? Instead, Why Not Jumpstart Your Own Business?

Thursday, 23 August 2012 Written by 
Waiting for the SEC to Jumpstart U.S. Business? Instead, Why Not Jumpstart Your Own Business? In April 2012, the U.S. Congress passed the Jumpstart Our Business Startups Act (“JOBS Act”), a law that would ease restrictions on marketing private funds to U.S. investors. It came with high hopes that U.S. regulatory requirements would soon be simplified in this area. Now those efforts may be stalled for the time being. This does not mean that your efforts to market into the U.S. should also be stalled. http://www.ftseglobalmarkets.com/

In April 2012, the U.S. Congress passed the Jumpstart Our Business Startups Act (“JOBS Act”), a law that would ease restrictions on marketing private funds to U.S. investors. It came with high hopes that U.S. regulatory requirements would soon be simplified in this area. Now those efforts may be stalled for the time being. This does not mean that your efforts to market into the U.S. should also be stalled.

By way of background, in the U.S. most private funds are offered to investors in reliance on an exemption from registration with the SEC that prohibits “general solicitations or general advertising.” The JOBS Act instructed the SEC to adopt rules eliminating the prohibition by the beginning of July. The SEC missed that deadline. More recently, the SEC scheduled a meeting for August 22 to consider the rules, but at the last minute the discussion was postponed until next Wednesday, August 29. In a subtle, but potentially impactful change to the meeting agenda, next week’s meeting will consider “whether to propose” (emphasis supplied) rules to eliminate the prohibition, as opposed to actually considering the rules themselves.
 
For the time being, the prohibition on general solicitations and general advertising remains.
 
However, according to a recent Citibank study, U.S. investors are the most active day one/early stage allocators and their allocation are over 50% larger than those from other regions. When entering into the U.S. market, non-U.S. advisers may have an advantage over U.S. emerging managers since many already have established track records.

Instead of waiting for the SEC to jumpstart U.S. businesses, why not jumpstart your own? U.S. advisers have successfully navigated the U.S. environment for years; you can too.

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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