COM
£ 25 - UK, ROW
INVESTOR $ 43 - America
EUR35 - Europe, Mid-East, Africa
S ERVICES
JOURNAL
LET’S REGULATE!
BRINGING INNOVATION TO PAYMENTS
FUND DOMICILES SPECIAL REPORT
IRISH QIF DEVELOPMENT
THE CHANNEL ISLANDS
CARIBBEAN LEGISLATION
BACK TO THE FUTURE? - UK CUSTODY
REACHING CAPACITY - SECURITIES LENDING
NORDICS - REGIONAL PROFILE
STPLEASE - REGULATION & STP
52 ‘BoNY M’
Funds
- Topping the charts
12 Domicile Reports
again.
- Jersey, Luxembourg
and Mauritius give us
Sec Lending
the lowdown.
54 Reaching Capacity
- Market growth
Special Report
14 Fund Regulation
Statistics
- The changing face of
56 Sec Lending & Hedge 18 Irish Funds 60 Proxy Voting
the Irish QIF structure. - Luck of the Irish - Completing the Puzzle
Funds Roundup
Your expectations are high. We meet them. BHF-BANK – your sub-custodian for
German securities.
cover interest or margin, against an for corporate actions. The challenge for
instruction. As well as the increased settle- developers of commercial solutions will be
ment risks, it is often the case that there is to continue to find ways of adding value to
If you are affected by, no actual asset for the custodian to cus- the evolving corporate actions landscape.
or have an opinion todise and sources of valuation are often
on, any aspect of limited. Naren Patel, Director Securities
investor services Asset owners need to be aware that whilst Business Development, CheckFree.
please write to us... these investments may improve their risk
profile from an investment perspective, ALD Experience Will Facilitate
Alan.Duerden@ISJforum.com they are creating additional non-invest-
ment risks. Non-investment risks such as
Basel II Implementation
Securities finance industry participants
settlement, asset security and valuation
The Impact of FX Trading by require a greater amount of attention from
have been anticipating, with some appre-
Hedge Funds hension, the capital adequacy requirements
the asset owner, in respect of derivatives to be brought about by Basel II. Yet the
Asset owners are increasingly searching for and alternatives than is required for invest-
two things which have historically been framework might already exist for not only
ments in equities and bonds. meeting the deadline, but also bringing
viewed as being mutually exclusive: asset
protection and enhanced returns. These about a unified approach to worldwide
Ted Hall, Managing director securities finance risk management that
requirements are driving a sharp increase The Bank of New York.
in both the use of over the counter (OTC) will satisfy regulators and risk-sensitive
derivatives and investment in alternatives. clientele.
Both of these strategies have a significant
A call for action The Agency Lender Disclosure (ALD)
Corporate action processing is one of the framework already established for U.S.
impact on the role the global custodians is
major areas of securities operations yet to entities enables counterparties to under-
being asked to play. The market mechanics
undergo significant automation. Despite stand their exposures by detailing parties to
are very different in transactions involving
market acceptance of the need for stan- the transactions. Although European lend-
derivatives and alternatives, in particular in
dardisation, implementation of the agreed ing is typically principal-to-principal,
regards to automation and the settlement
market standards are still causing extending ALD to Europe will nevertheless
process. Central depositories, technology
headaches for many organisations trying enhance participants’ ability to calculate
and standardisation have allowed the mar-
to automate corporate actions. In simple more effectively the overall credit exposure
kets to move a long way towards automat-
terms, the generic nature of the message for securities finance operations. European
ing the settlement of standard investment
format still remains open to interpretation firms will have to devote human and finan-
instruments. Straight through processing
and highlights the need for standardisa- cial capital to integrate their technology
(STP) is now the norm and along with
tion and global market practice harmoni- and standardize counterparty, borrow and
delivery versus payment (DVP), many of
sation. Institutions receive data from a loan data, and they will have to do so with-
the operational risks involved in the settle-
number of sources and aggregating this out a single regulator guiding the way; the
ment of regular investment instruments,
information remains a highly complex industry will have to devise its own method
such as shares and bonds, have been
task, as many market data vendors use for bridging U.S. and E.U. mandates.
removed.
proprietary messaging protocols. The explosive growth experienced by the
What is also vital is market practice har- securities finance industry over the last few
“Neither STP nor DVP monisation to ensure each participant years, and the extensive points of compari-
are phrases that can deploys the standards in a consistent man- son on which securities finance contracts
ner. Most institutions want to see a combi- can differ, drove the need to automate the
currently be associated nation of defined standards from inde- control of operational risks. EquiLend, a
with many OTC pendent Securities Market Practice securities finance platform, automates
Groups, together with existing SWIFT for- comparison procedures between borrowers
derivatives or altternative mats. To achieve this, institutions will need and lenders. While EquiLend’s comparison
instruments.” to be either linked to SWIFT or make tools do not offer the ability to fully quan-
other compatible connectivity invest- tify operational risk, they could assist banks
ments. Significant steps are being made in by tracking loan volumes, recalls and collat-
Additionally, many investors take comfort
the industry to create a framework for cor- eral changes over time to help optimize
from the involvement of a global custodian
porate actions information exchange. The their capital adequacy requirements for
in the safekeeping of their assets. In partic-
next few years will see an investment focus securities finance.
ular the independence of the custodian to
in workflow solutions to make this frame- Reducing the number of breaks between
the investment manager in respect of func-
work a reality and to deliver automation to counterparties has lowered operational risk
tions such as asset reconciliation and
the internal processes that rely on this for the securities finance business line. The
accounting are areas that add to the securi-
information. Forward looking banks such ability to customize tolerances for compar-
ty of the asset owner in respect of the non-
as HSBC are already gaining the benefits isons takes on greater importance when
investment risks.
from the early adoption of this approach. applied to non-cash collateral transactions
Neither STP nor DVP are phrases that can
While the progress is encouraging in with numerous shifting components, as are
currently be associated with many OTC
terms of market practice harmonisation, common in Europe. Effective daily com-
derivatives or alternative instruments, nei-
SWIFT does not process corporate actions, parison tools can free operations depart-
ther are there any central depository as yet.
leaving institutions to rely on their soft- ments to focus on higher-level risks.
In many cases the custodians are not even
ware partners to deliver proven solutions EquiLend is an integral part of the solution.
aware of the transactions undertaken and
that automate the end-to-end processing
their only role is to make cash payments to (Letters continue on page 68)
Making it possible
NEWS
growing outsourcing trend ucts. This is the first time When this came to an end at
where fund managers are that the two exchanges have the end of 2006, they were
turning to turnkey solutions agreed to work together, and keen to continue the relation-
as a way to reduce critical it is expected that the co- ship and extend the service
time to market, gain scale operation will bring benefits provided by BCS into 2007.
and efficiencies, and for investors, issuers and
focus on their core com- member firms. A Task Force London - Global Operations
petencies. SEI is one of composed of senior staff and Administration Limited
the industry's leaders in from both exchanges will (GOAL) has completed the
the umbrella trust space shortly begin a series of regu- acquisition of Magenta One,
with more than 15 years lar meetings to consider a securities class actions spe-
of experience and over $15 development opportunities in cialist. The strategic move
billion in assets. several key areas and identify enables GOAL to extend the
the areas in which the range of securities services
Chicago - Lake Shore London Stock Exchange and that it provides to a global
Institutional & Dealer Tokyo Stock Exchange will client base of financial insti-
FUNDS & Relations have announced on work together over the long tutions, building on its solid
ADMINISTRATION behalf of Lake Shore Group term. reputation for solutions that
New York - JPMorgan of Companies that it has automate complex, labour-
announced it has agreed to launched the Lake Shore Paris - NYSE Euronext, NYSE intensive fiscal and legal
acquire from Western & Alternative Financial Asset Group and Euronext N.V. processes.
Southern Financial Group, Fund IV (Lake Shore IV). have announced an exchange
the fund services business of Lake Shore IV gives investors offer through NYSE Euronext, CUSTODY
one of its affiliates – exposure to nine global equi- for all the outstanding shares London - LCH.Clearnet has
Integrated Investment ty indexes, along with treasur- of Euronext. The exchange announced reductions in
Services (IIS). IIS is a fund ies, currency derivatives, gold offer will close on March 21, clearing fees. The reductions
accounting, fund administra- and oil via it's weighting in 2007 and the settlement and will come into effect on 1 July
tion and transfer agency serv- Lake Shore's three delivery of the offer, as well 2007. The tariff restructuring
ices business. The acquisi- 'Alternative Class' funds. as the admission of the programme began in
tion is expected to close in Diversification across three NYSE Euronext shares on November 2006, seeing
the second quarter of 2007. uncorrelated strategies leads Euronext Paris and on NYSE, LCH.Clearnet’s EquityClear®
to lower volatility and the is expected to take place on service reduce its clearing
Chicago - Morningstar has potential to enhance returns April 4, 2007. "We are com- fees to its members by an
entered into a definitive through increased margin to mitted to bringing these two average of 11.5% for trades
agreement to acquire equity ratios. great businesses together to executed on the London
Standard and Poor’s mutual form the world’s first truly Stock Exchange SETS and
fund data business for $55 London - Mercer Investment global financial marketplace SETSmm platforms and by
million in cash. Consulting (Mercer IC) and group," said Marshall N. 6% for trades executed on
Standard and Poor’s fund Invensure have entered into a Carter, Chairman, NYSE virt-x.
data business consists of co-operation agreement to Group.
data and products covering provide manager research Tokyo - Mitsubishi UFJ and
more than 135,000 managed and selection services to the London - The Board of The Bank of Tokyo-
investment vehicles, includ- Danish institutional invest- LCH.Clearnet Group Limited Mitsubishi, subsidiaries of
ing mutual funds, exchange- ment market. Nicolai Berg, announced that it has Mitsubishi UFJ Financial
traded funds (ETFs), hedge Nordic head of Mercer reached agreement in princi- Group, are revising the
funds, and offshore funds. Investment Consulting, com- ple regarding the repurchase framework and systems infra-
Under terms of the agree- mented: "We have developed of the majority of the shares structure of their
ment, Standard and Poor’s a strong position among held by its largest sharehold- Luxembourg subsidiary and
will license fund data from large clients in the rest of the er, the pan-European further promoting their glob-
Morningstar after the acquisi- Nordics and we strongly exchange Euronext. al custody business. BTMU’s
tion is completed. The com- believe that, together with wholly-owned subsidiary,
panies expect to complete Invensure, we will establish a London - Abbey Financial Bank of Tokyo–Mitsubishi
the transaction in March, similar position in Denmark." Markets has signed a new UFJ (Luxembourg), which is
subject to customary closing market data management involved in asset administra-
conditions. MARKET INFRASTRUCTURE contract with Business tion businesses such as glob-
London - The London Stock Control Solutions plc, the al custody and fund adminis-
Oaks - SEI announced that is Exchange and Tokyo Stock business control solutions tration, will become a jointly
has been selected by Exchange have announced provider (BCS), its supplier capitalized subsidiary of
Aberdeen Asset Management details of an agreement since July 2004. Abbey MUTB and BTMU through
Inc. to provide a turnkey aimed at enhancing their Financial Markets originally investment by MUTB. By
operations or "umbrella international presence signed up BCS for a two and combining BTMU’s accumu-
trust" solution for its new through co-operation on a half year contract to provide lated expertise and track
US-focused mutual fund access arrangements and the on-site market data manage- record with MUTB’s asset
offering. The deal points to a development of new prod- ment and administration. administration know-how,
6 INVESTOR SERVICES JOURNAL
“andA ingenious
masterpiece! The story hinges around BNP Paribas Securities Services, who are always coming up with new
ways of providing their clients with a winning solution. In this book, we uncover the secrets of their
success: their on-the-ground presence in Europe and Australasia means they are perfectly placed to address the
full range of their clients’ business needs, on a global scale.
BNP Paribas Securities Services - close to clients, close to markets.
”
BNP Paribas Securities Services is authorised and regulated by the CECEI & AMF in France and is regulated in the conduct of its designated investment business in the UK by
the Financial Services Authority.
www.securities.bnpparibas.com
NEWS
MUFG aims to further devel- best financial market on Demand, Software as a The Investment Bank will
op its activities in the global which to carry out its invest- Service (SaaS), hosted solu- expand its use of TLM
custody business. ment transactions and man- tions and business process Reconciliations to implement
age the relationship with the outsourcing spaces. a Collateral Management
London - Northern Trust broker by means of an “elec- Reconciliation solution and
reports that over the last 12 tronic contract”. The “execu- London - 'royalblue', provider replace its existing Securities
months it grew its direct UK tion navigator” and the “elec- of Fidessa, announced that Reconciliation System. TLM
pension fund custody rela- tronic contract” integrate the Goldman Sachs has selected WebConnect, SmartStream’s
tionships to 54 of the top 200 features of SIA-EAGLE, the Fidessa as an additional dis- web portal, is being adopted
schemes. Sally-Anne Callick, European technological plat- tribution platform for buy- to enable easy deployment
UK and Irish pension fund form in Europe dedicated to side listed derivatives flow. across the firm’s global user
business development man- the monitoring and control of Fidessa’s global connectivity community and provide
ager at Northern Trust, says, financial markets transac- network provides a highly greater operational visibility
“We have strengthened our tions, MiFID compliant. resilient solution for routing to users through its intuitive
presence in the local govern- buy-side order flow to broker dashboards.
ment pension scheme Brussels - Euroclear, with the destinations. Through
(“LGPS”) market and now support of fund promoters Fidessa’s network, users will London - Rhyme Systems
have approximately one third and transfer agents, is intro- now have the capability to announced that Fairbairn
as clients, and we also ducing an investment fund route listed derivatives, cash Private Bank has signed a
retained 100 percent of UK ‘quality label’ programme to equities and algorithmic new rhymeSIGHT Back Office
corporate pension clients’ re- accelerate automation and orders, across 60 exchanges contract to satisfy increasing
bids in 2006.” STP in fund-transaction pro- & 23 countries, to Goldman client demand for existing
cessing. Beginning in April Sachs. portfolio management servic-
New York - The Bank of New 2007, transactions in funds es and enhanced reporting
York has doubled the assets carrying the FundSettle London - Vodafone and and performance measure-
for which it provides global Premier quality label will cost Citigroup Corporate and ment functionality.
risk services from $500 bil- significantly less to process, Investment Banking's Global rhymeSIGHT Back Office is a
lion to more than $1 trillion while receiving superior serv- Transaction Services business key module of rhymeSIGHT,
in just two years. The rapid ice levels. announced their plan to a multi-currency, multi-com-
growth has been driven by launch a Vodafone-branded pany investment manage-
the introduction of new risk Chicago - Aleri, Inc., develop- mobile-based international ment and accounting system.
and analytics services, such er of high performance event money transfer service target- It delivers a broad range of
as daily factor-based attribu- stream processing software, ing the global remittance functionality to support an
tion, security characteristics announced it has partnered market worldwide. The new extensive range of investment
and other risk measures. with Microsoft to deliver service will provide senders instruments, including per-
Debra A. Baker, managing solutions addressing the and receivers of money with formance measurement,
director and head of global technology requirements of a superior method for send- dealing and settlement.
risk services, said, “We’ve the Markets in Financial ing money home that is con-
reached this milestone by Instruments Directive venient, cost-effective, New York - The Depository
anticipating the emerging (MiFID) in the European secure, transparent, and easy Trust & Clearing Corporation
risk management needs of Union. to use. (DTCC) announced plans to
our institutional clients and The Aleri Streaming Platform launch its new Mutual Fund
delivering best of breed ana- is part of a comprehensive London - Mellon Financial Profile Service database in
lytics into our custodial suite of products and tech- Corporation is the latest par- July. The redesigned database
reporting capabilities.” nologies that make up ticipant to utilize the transac- will provide the fund commu-
Microsoft’s MiFID solution tion history and client details nity with an automated, cen-
TECHNOLOGY suite. “Aleri’s technology request functionality through tralized repository for a range
London - Optial has gives them the perfect combi- the EMX Message System. of information contained in a
announced the latest release nation of performance, flexi- Mellon’s international asset fund's prospectus.
of its Operational Risk bility and rapid deployment,” servicing business provides "This initiative will deliver
Management software. Based said Don DeLoach, CEO of services to six asset manage- major efficiencies to the
on customer feedback, indus- Aleri. ment firms using the EMX industry by providing a single
try best practice and the Message System, having central resource for the
changing regulatory environ- California - SunGard joined in June 2000. dissemination of fund
ment, Optial has launched announced that it has information and offering
the new release with a suc- acquired California-based, London - SmartStream greater operational flexibility,"
cessful upgrade at SEB, one Aceva Technologies, a Technologies announced that said Ann Bergin, managing
of the major Scandinavian provider of receivables man- UBS Investment Bank will director and general
international banking groups. agement software solutions. extend its usage of TLM manager, DTCC Distribution
The acquisition of Aceva Reconciliations and adopt Services.
Milan - SIA will launch, by the extends SunGard's TLM WebConnect in an enter-
end of the year, two new tech- AvantGard solution suite for prise-wide implementation.
nological services to enable Collaborative Financial
each investor to identify the Management into the On
FREE NEWS DAILY AT WWW.ISJFORUM.COM
8 INVESTOR SERVICES JOURNAL
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info@interactivedata.com.
NEWS ANALYSIS
Innovation. Dedication.
Satisfaction.
Our commitment to delivering high-quality tailored
solutions and excellence in client relationship
management has been recognised by the leading
independent industry surveys.
Euromoney named us Best Investor Services House
in its 2006 Awards for Excellence.
R&M Consultants rated us the number one global
custodian in Continental Europe in 2005 and 2006.
As part of the Mellon Asset Servicing group, we
have received the highest number of “Top Rated”
recognitions and “Best in Class” awards of any
provider in Global Custodian magazine's
2006 Global Custody survey.
Brian Leddy
Head of Sales
+44 (0)20 7163 5907
brian.leddy@abnamromellon.com
www.abnamromellon.com
DOMICILES REPORT
its regulation of its offshore sector due to alternative and institutional investment
Mauritius the strong regulatory framework and due
diligence practices.
funds
Jean-Jacques PICARD,
The use of offshore structures featuring Malcolm Moller, Managing Partner of the Director Communication, ALFI.
innovative product enhancements as an Mauritius office of offshore law firm Appleby
alternative means of achieving the multiple Hunter Bailhache.
goals of investment appreciation, asset pro-
tection and tax planning is already well
known among international businesses Jersey
looking for a variety of structures and vehi-
cles suitable for fiscally efficient trade and
Luxembourg
investment activities. Having finished 2006 on a high, a hat-
Mauritius has been fortunate in playing trick of developments announced already
host to a growing number of significant On 13 February 2007, the Luxembourg this year has boosted Jersey’s funds
investments in India, China, and Africa. Parliament adopted the law on industry.
Many of the companies have been formed "Specialised Investment Funds" (SIF). In January, Jersey got the green light
by large institutional players, attracted by This law, which entered into force the same from the Dutch Financial Markets
Mauritius’s well-established reputation as a day, replaces the law dated 19 July 1991 on Authority (AFM), who decided that the
centre of excellence, innovation and as an undertakings for collective investment the Island’s regulation was sufficient for the
outstanding international financial centre. securities of which are not intended to be Dutch regulator to adopt a light touch
In keeping with its longstanding commit- marketed to the public. approach towards it. As a result, Jersey
ment to “keep out the unscrupulous”, All the provisions of the 1991 law are to be funds can be listed on the Euronext
Mauritius enacted sweeping Anti-Money- found in the new law, so existing institu- exchange without the need for a licence in
laundering legislation in 2003 (the “Ant- tional investment funds will not find that the Netherlands – a privilege enjoyed by
Money-Laundering Act”). The Financial their legal base has disappeared. Existing only a handful of other jurisdictions.
Intelligence and Anti-Money Laundering Act 1991 funds automatically became SIFs on With private equity funds and other
2003 complies with the recommendations February 13, 2007. alternative investment vehicles already
of the Financial Action Task Force estab- Among the main features of the new law showing considerable interest in listing on
lished by the G7 countries in 1989. is the widening of the definition of “eligible Euronext, the timing of the AFM’s recog-
Mauritius has embraced the passage of the investors” to include both professional and nition of Jersey is ideal.
Ant-Money-Laundering Act and its subse- private “well-informed” investors. These The eagerly awaited Listed Fund Guide
quent codes issued by the Mauritius are investors who either invest a minimum was also introduced by the Jersey
Financial Services Commission. of 125.000 euros in the SIF or who qualify Financial Services Commission in January.
Compliance has not proved difficult for as “sophisticated” investors, having The Guide sets out new measures to
most client companies as Mauritius has obtained positive assessment from a credit enable a swifter 72-hour approval process
always had a deep-seated “know your institution, an investment firm or a man- for closed ended investment funds that
client” culture . agement company confirming their ability are listed on leading stock exchanges.
Mauritius has always been a unique bilin- to make an informed judgment on invest- Alternative funds, including hedge funds
gual platform for trade and business and its ment in the SIF. and funds of hedge funds, are able to take
legal system is a fusion of both French and The law allows vehicles created under its advantage of these new guidelines, as are
English sources. Mauritius enjoys a fused regime to invest in all types of assets. This private equity and property funds.
legal system combining both the civil and flexibility allows for the creation of, inter In a third recent development, an
common law practices. Mauritius is an alia, transferable security funds, money amendment to Jersey’s Income Tax Law
independent sovereign nation (Republic), market funds, real estate funds, hedge means that Jersey is likely to be a more
yet still remains a member of the funds and private equity funds. The princi- attractive domicile for certain fund and
Commonwealth and the right of appeal to ple of risk spreading has been maintained, investment structures, including UK
the Privy Council is preserved. but there are no quantitative investment REITs. The approved amendment ensures
Mauritius has never sought to be a lead- restrictions, given that such vehicles would that Jersey companies can be treated as
ing contender among offshore jurisdictions be reserved to sophisticated investors. non-resident for tax purposes if certain
in the area of “asset protection”. In terms The law requires that the directors conditions are fulfilled. The move will
of protection from creditors, Mauritius has (dirigeants) of a Specialised Investment enable Jersey’s funds industry to compete
taken a more business friendly approach, Fund, as well as the directors of the custo- directly with other jurisdictions when a
attempting to establish a reasonable bal- dian bank and the auditor, be approved by structure requires a non-UK incorporated
ance between the interests of the business the supervisory authority CSSF. However, but UK tax resident company.
and those of that business’s legitimate the promoter is not subject to CSSF These developments provide Jersey with
creditors. The legislation is viewed as fair approval. Last but not least, no prior a number of new funds options that can
and sensible in international circles, and approval is required for the launch of an make Jersey an even more attractive option
underscores the advantages of the selection SIF. Application for approval may be filed for fund promoters seeking the appropriate
of Mauritius as a suitable jurisdiction for with the CSSF within the month following location for their funds business.
the sophisticated structures required for the creation of the SIF.
international transactions. ALFI is convinced that this innovative Graeme McArthur, representative of the
Mauritius has gained international recog- new legal framework will open up new pos- Jersey Funds Association and Managing
nition including through the UN Forum for sibilities for fund promoters in the area of Director of Northern Trust in Jersey.
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IRISH FUNDS
F
unds for experienced investors - be hold goods or institutions with more than
information or containing inaccuracies
they high net worth individuals or Euro 25 under discretionary management.
will mean that the promotor will not be
institutions, have been around for Prior to the introduction of next day
allowed to use this fast track process
some time now. The Irish version, approval all parties involved in the launch
again.
Immediate effects will be that there
Qualified Investor Funds, (QIF) have been of a new fund would need to be approved
will be no need to list valuation very popular. But in a market where it is by the Irish regulator and the relevant
providers in the articles or the trust impossible to stand still, tweaks to keep fund application documents would be
deed. It will no longer be mandatory to such products up to date are inevitably filed by a lawyer for examination by the
state that the difference between the required. In Ireland the latest move is to regulatory authorities. On average the
sale and repurchase price of units introduce a fast track approval process time between filing the application and
means that the investment should be where fund promoters can get next day receiving authorisation was 6 to 8 weeks.
viewed as medium to long term. In approval for these investment vehicles. Under the new arrangements once the
addition there is no need to provide a The aim is to attract more funds to both fund promoter, administrator and lawyer
worked example of performance fee. domicile and be administered in Ireland, have been pre-authorised by the regulator
Future changes are yet to be thus increasing the breadth of business. It they are entitled to apply for next day reg-
discussed but include the need for an is hoped that by having a competitively ulatory approval for a QIF.
independent custodian for hedge fast time to market, plus a flexible struc- Gary Palmer, chief executive at the Irish
funds, a limit of investment in ture in a regulated environment, Ireland Funds Industry Association (IFIA) com-
unregulated funds, risk spreading for will be able to capture some more of the ments: “Where the regulator receives an
investment companies, amending the interest in alternative structures. application for of a QIF before 3pm, a let-
investment criteria, giving a separate The QIF is currently on offer to individ- ter of authorisation will be granted the
prospectus for share classes and the uals with Euro 1.25 or more in net assets next day. An application for authorisation
need for semi annual accounts. excluding principle residence and house- will be deemed complete on the basis that
14 INVESTOR SERVICES JOURNAL
Leading the way with Investment Funds...
At Maples and Calder we have been advising on the world’s most sophisticated offshore financial
structures for over 40 years. By operating in the major offshore jurisdictions and Dublin we can analyse
the benefits and commercial opportunities of their respective tax and regulatory regimes and customise
an optimal solution. For clients, this means the broadest array of offshore and Irish advice with the
simplicity of a primary point of contact.
Our clients range from the large institutional investment advisers to boutique hedge fund managers,
as well as some of the worlds largest investment and commercial banks.
BVI
Robert McIntyre Direct line: +1 284 852 3015 robert.mcintyre@maplesandcalder.com
Cayman
Adrian Pope Direct line: +1 345 814 5570 adrian.pope@maplesandcalder.com
Dubai
Tahir Jawed Direct line: +971 4 360 4071 tahir.jawed@maplesandcalder.com
Dublin
Hilary Griffey Direct: +353 (0)1 619 2025 hilary.griffey@maplesandcalder.com
Hong Kong
Spencer Privett Direct line: +852 2971 3045 spencer.privett@maplesandcalder.com
Jersey
Natalie Sullivan Direct line: +44 (0)1534 600 961 natalie.sullivan@maplesandcalder.com
London
Charles Jennings Direct line: +44 (0)20 7466 1605 charles.jennings@maplesandcalder.com
www.maplesandcalder.com
IRISH FUNDS
the parties to the fund, the promoter, dictions looks set to continue. of New York (BNY) meanwhile thinks that
directors and relevant services providers Palmer is diplomatic stating, “I am in recent years the value of a decently reg-
are all approved and that the fund reflects loathe to say that we want to attract x per ulated jurisdiction has been appreciated
the agreed parameters.” cent of business more that we aim to be a more and more: “The QIF amendments
He expands saying that the promoters domicile that 100 per cent of products are basically trying to get the best combi-
will prepare and file the paperwork and could use if they choose to.” nation of a regulated environment plus a
the regulator will take the promoter’s Indeed the case for either Dublin, fast time to market. And by attracting the
expertise as being able to indicate to the Luxembourg or elsewhere is still basically domiciled business as well you could argue
regulator where the disclosures are. The down to language and culture. It is often that the regulator, the fund manager and
regulator will authorise the product and difficult to find hard differences so it’s the investor are all reducing their regulato-
then look at the paperwork; legal agree- often the cultural experience or a historic ry risk by having a single body; the Irish
ments, memorandum of criteria, prospec- relationship with a particular jurisdiction regulator oversees the full picture and not
tus and material contracts. that decides. just the administration.”
Indeed the move stems from industry Ian Headon, vice-president in product Indeed might it be that the initial work
consensus that the benefits of being a reg- management at Northern Trust com- involved in getting pre-authorisation from
ulated domicile and a part of the EU were ments: “Industry surveys indicate that the Irish authorities for the fund manager,
being outweighed by the time it took to Dublin, Luxembourg, Guernsey and Jersey administrator and the like may well be a
actually get products to market. all have about 5 per cent of the total mar- little tedious, but well worthwhile in the
context of fund managers aiming to set up
more than one fund over a medium term
“The QIF amendments are basically trying time frame?
to get the best combination of a regulated O'Reilly certainly thinks so, commenting
that a speedy time to market is so para-
environment plus a fast time to market.” mount that managers will invest in the
time needed to approve their first fund for
Donnacha O’Connor, partner in ket and in terms of assets under manage- the guarantee of next day approval for
financial services at Dillon Eustace com- ment the business is thriving but in terms subsequent fund launches.
ments: “This was a perceived problem for of relative market share then the numbers But what of the work involved for the
investors and The Cayman Islands and appear flat.” lawyers and the service providers in all
Jersey were gaining advantage over us so it He says that this goes against the percep- this. How will the relevant parties gain
was thought best to do something tion that institutions are instinctively pre-authorization from the authorities
about it.” more comfortable with a regulated envi- and when it comes to getting approval for
The move is a canny one. Ireland, indeed ronment and adds: “You could speculate a fund, will the workload be basically the
no jurisdiction, can hope to challenge the that institutional managers are sophisti- same but just in a different order?
dominance of The Cayman Islands when cated enough to make investment deci- Don McClean, head of UBS Fund
it comes to funds that prefer a less regulat- sions based on a wide range of factors, Services in Dublin, interviewed in early
ed approach; current estimates say that the including manager quality, headline and February, says that until a pre-authorized
Cayman Islands have between 50 and 80 operational risk, as well as any perceived fund is actually launched it is difficult to
per cent of qualified investor type busi- additional investor protection arising know exactly how the process will work.
ness. But institutions are a fast growing from so called ‘regulated jurisdictions’.” He thinks that fund services providers will
segment of investors in alternatives assets Indeed on this basis it’s hard to see where almost certainly need more input when it
and they do tend to prefer the comfort of Ireland can challenge the well trodden comes to completing documentation but,
regulatory protection. And this is precisely Cayman domicile, Delaware partnership with the authorities allowing service
where Ireland hopes to gain. or London managed, Irish administered, providers to do their job on trust, this
Feargal O’Reilly, director at KPMG in Cayman domicile path. should facilitate a speedier time to market
Dublin comments: “This move should be But others are more optimistic. which will be positive for the fund indus-
seen as evolutionary rather than a new era O’Connor states: “I think that although try in Ireland.
in its own right. It’s not only attractive to fund promoters not already involved with To get that trust in the shape of pre
institutions but also to funds of funds the Irish authorities might take some time authorisation promoters, service
managers who are often not permitted to to warm up to the idea of domiciling there providers and lawyers will need to fill in a
invest in non regulated funds. Both are but the comfort factor of being in a juris- comprehensive application form that will
huge growth areas.” diction that has ongoing supervision and no doubt be time consuming. On the plus
But Ireland is not alone. Indeed the pre vetting of principle service side it’s a one-time-only process.
Luxembourg has also moved to attract providers will win out. We have seen sub- On the actual application for approval
more domiciled business and in addition stantial interest from existing clients who for a fund launch, meanwhile, it seems
Jersey, Guernsey and the Isle of Man all previously shied away purely on the that instead of a lawyer sending in docu-
have similar structures in place. Indeed grounds that 6 to 8 weeks was just too long mentation in dribs and drabs, that the
what is often termed as ‘ healthy competi- to wait. ” future requirement will be for it all to be
tion’ between the various European juris- David Claus, managing director at Bank sent in together.
16 INVESTOR SERVICES JOURNAL
anagement
l p r oject m
l
r s fu ervice offering?
t of fe
rt o f our s
a a
e ss who’s the o vi d e r th s as p
Gu ices nly pr o d
v f w fun
se r or the launch of n e
Basking in
tions have been busy putting into place reg- other jurisdictions.”
ulatory regimes and tweaks to ensure that So what does this mean for administrators?
they can compete with the Cayman Islands Without doubt operating in a regime that
and elsewhere on a level playing field. allows for speed to market gives not a com-
T he train keeps coming as The Funds given the number of enquiries trator, with a physical presence, adminis-
Channel Islands and the Isle of being received. It covers :- tering or providing oversight to the fund.
Man continue to show significant The proposed model will allow the spon-
growth in the funds sector and offshore - Stock Exchange – the ability of an sor to have functionary duties carried out
functionaries deal with a variety of Expert Fund to be listed on a Stock in other jurisdictions giving them more
schemes of both Institutional and quasi Exchange where the exchange allows choice and flexibility in their service
retail nature. A head of steam is building restrictions to be imposed on who may provider. Something more akin to the
and the legislative shunt given to the sec- invest in the fund.Thereby ensuring only Cayman Island model where more
tor in 2004 and 2005 is delivering ‘what it sophisticated investors have access to such reliance is placed on how well the
said on the tin’ aided by a fast track autho- schemes. functionary is regulated within its own
risation process. - Transfer of Interests – applying the domicile.
The Jersey Expert Scheme, the Guernsey expert investor requirements to Practitioners in Jersey feel this type of
Qualified Investor Fund and the Isle of transferees. structure will attract more business to the
Man schemes have helped deliver signifi- - Acquisition on behalf of non–expert Islands and thereby encourage sponsors
cant growth in assets under management investors by professional advisors who and investment managers to either physi-
and administration. With Jersey funds meet the criteria - emphasising that the cally locate or seek local service providers
reaching in excess of £169bn, Guernsey
£120bn and Isle of Man £42bn there is
clear evidence that with growth of well
In Jersey the next hill climb is approaching
over 30% per annum in each jurisdiction with discussions on the introduction of a
the regulatory framework for fund
launches is proving attractive. ‘Super Expertt’ scheme.
The Jersey Station investment so acquired is suitable for the despite the flexibility a new scheme would
In Jersey, the Jersey Financial Services underlying investor. bring to the outsourcing model. A virtu-
Commission ( ‘’JFSC ’’) has issued - Minimum Investment – emphasising ous circle of business competing with
Consultation paper No 7 which deals with the $100k minimum investment as an ini- other global providers and schemes
proposed further enhancements and clari- tial investment through the provision of a ‘one stop shop’.
fication of the rules relating to Expert - Location of the Investment Manager – The Regulator will have one eye on the sig-
20 INVESTOR SERVICES JOURNAL
RBS INTERNATIONAL
nificant volumes already being generated This framework is then considered in light some collective schemes. With regard to
under the expert scheme, will have issues of the types of fund structures available in non-domiciled schemes administered by
about regulatory reach, span of control, Jersey :- functionaries in Jersey the paper concen-
cannibalisation of the existing fund base trates on the regulation of the service
and will need to rationalise the economic a) Recognised Funds provider through the amendments already
benefits of a scheme, where potentially, b) Unclassified Funds suggested.
services could migrate out of the Islands c) Expert Funds (as a subset of Where ‘mind and management’ is
losing annuity income short term. unclassified funds) deemed to be within the jurisdiction then
Perhaps the simple answer would be to d) Non–domicled funds administered regardless of the registration or domicile
make the new fund unregulated so as not from Jersey of the fund a certificate will need to be
to place the burden at the feet of the regu- issued under the CIF(J)L and registration
lator. As currently drafted in Jersey the At present unit trusts and limited partner- by the service provider will need to take
Collective Investment Law enshrines the ships are controlled by permits issued to place under the FS( J )L. The definition of
regulators responsibilities to the investor functionaries with fund company’s issuing mind and management is not wholly con-
so such a move would require statutory units being issued with their own separate clusive and subject to interpretation but
amendment. There is no doubt that any permit. With over 1500 service provider the starting point is to look at the manage-
such variation would require a significant permits on issue for funds structured as ment company, the composition of the
leap of faith and will require a rounded partnerships or units trusts and another board and whether directors, trustees or a
proposal that gives consideration to both
the regulator and practitioners vision of
business. The Collective Investment Law enshrines the
regulator’s responsibilities to the investor.
One Train different Carriages
Running along a complimentary track in
Jersey is the industry Consultation paper 359 permits as ‘Company Issuing Units’ general partner are Jersey resident and
number No1 ( 2006 ) which considers the that is a significant amount of paperwork how the balance of control and influence
future regulation of funds and functionar- requiring ongoing amendment and con- is exercised.
ies of funds. Since 2003 the JFSC has been trol. Under the proposed regime circa 252 Registration by a service provider under
implementing an initiative to integrate a service providers will be registered replac- the FS( J )L will bring about some other
number of pre-existing regulatory laws ing the existing 1500 service provider per- significant changes. Codes of Practice and
into the Financial Services ( Jersey) Law mits on issue Orders will be consolidated around the
1998 (‘’FS(J )L’’) which sit within the The new regime will allow the func- FS(J )L that are common to all functionar-
Collective Investment Funds ( Jersey) Law tionary to be registered once under a ies, there may well be more prescription
1988 (‘’CIF (J )L’’). Such actions are revised FSL(J ) for the services it is com- around managers of managed entities, and
designed to simplify the JFSC’s adminis- petent to undertake and give them the fund service business will be classified by
trative and communication roles and ability to act in respect of any collective the specifics of the function e.g manager,
make it easier to understand and comply investment scheme. It is expected that administrator, registrar, investment advis-
with the legal framework. It also seeks to existing functionaries will be grandfa- er, distributor, subscription agent and
distinguish between regulation of the fund thered across to the FS(J ).The intention is then further split between specialist and
and the functionary. to then issue unclassified certificates under non-specialist funds. In short more pre-
the CIF(J ) L for each existing and new scriptive in the initial registration process
The paper considers :- unclassified fund. of the functionary. The time periods for
- Moving authorisation and regulation of It is intended that recognised funds will the production of audited reports and
functionaries of Collective Investment be left alone as they are modelled on UK accounts may also be shortened and all
Fund’s from the CIF(J)L into the FS(J)L. legislation designed to give investor pro- grandfathered entities will be given a tran-
- Removing the requirement for a func- tection equivalent to that afforded under sitional period to gain the necessary com-
tionary to hold a separate permits under the Financial Services and Market Act petencies where they fall short of the new
the CIF(J)L in respect of each collective 2000. Given they carry Designated Codes of Practice and Orders.
investment fund for which it carries out Territory status which allows the distribu- Hitching carriages to the same train
work. tion and marketing of the product to the should lead to a more efficient journey
- Amending the CIF(J )L so that unclassi- UK public any material change to the fund and issuing ‘tickets’ in the form of certifi-
fied funds established in Jersey or non- or governance of its functionaries will cates for unclassified schemes with stan-
Jersey funds that have ‘mind and manage- require HM Treasury approval. Given the dard conditions to control the structure
ment’ in Jersey require a certificate (rather low demand and launch rates for these and operation of the fund should deliver
than the functionary) and, types of fund this is an entirely sensible more clarity, simplify the authorisation
Leaving Recognised funds untouched approach. process, ease administration and create an
and the requirement for a functionary of a It is also intended that the issuance of a integrated financial services framework. It
recognised fund to hold a permit under certificate will remove the need to seek should also allow services to be marketed
the CIF(J)L Control of Borrowing ( Jersey) Order 1958 to non-Jersey funds without having to
( ‘’COBO’’) consent which can apply to qualify those services being subject to
‘regulatory approval. ’ port family offices and broader wealth sponsor’s choice. Like Jersey there is a
If you want to take a different class of management strategies. A tweak on a desire to consolidate some of the legisla-
carriage then that option is available. The theme but it moves the proposition along. tion and draft new Prospectus and Fund
competencies of those providing on board law and the reputational risk associated
services will be better defined and the Fast Track and Exchanges with a liberalised scheme is also debated.
team driving the engine will know where Jersey has recently introduced the Jersey The conclusions make interesting read-
they sit within the authorisation process. Listed Fund Guide with the aim of allow- ing and the balance of opinion appears to
Given the success of Jersey fund business ing closed–ended investment companies, be that Guernsey domiciled funds should
one could hardly argue its not well con- listed on a Recognised Stock Exchange, be administered by a local functionary and
structed but laying new track and improv- such as London, New York, Dublin, that the current outsourcing guidelines
ing the signalling will deliver a better route Channel Island Stock Exchange, provide sufficient flexibility. It recom-
map for others to follow. By better defin- Alternative Investment Market, Euronext mends clearer catergorisation of schemes
ing functionary competencies it may allow or other Market to be fast tracked using and bundles a number of the existing
the regulator to be a little more relaxed on the streamlined authorisation process. The schemes into a Regulated category to
scheme specifics leaving the regulated JFSC aims to authorise Listed Funds with- include a new UCITS 111 equivalent
practitioner to decide whether the busi- in 3 working days provided they meet the regime for better reach into Europe as well
ness is of sufficient quality to entertain. requirements of the guide and are current- as opening up more bilateral agreements
ly considering other types of investment and memorandum of understandings. It
Protected Cell Companies and vehicles such as limited partnerships and also recommended the establishment of a
Incorporated Cell Companies unit trusts. Registered scheme, one that is not offered
In Jersey we have seen revision in Jersey The regime is available to private equity, to the Guernsey public but will have to
Companies Law introducing the segregat- property and other alternative investment appoint a Guernsey administrator with
ed cell company providing further flexibil- funds such as hedge funds and fund of much clearer guidelines in the offering
ity in structuring umbrella or series funds hedge funds. Additionally the Dutch memorandum and prospectus.
with statutory ring fencing of assets and Financial Markets Authority (AFM) have On the non-Guernsey domiciled funds
liabilities around the cells within each cell added Jersey to its short list of jurisdic- (e.g. Cayman registered funds) it recom-
structure. The protected cell company tions whose regulation is considered mends that the obligation will be on the
functionary (administrator/custodian) to
deliver a certificate to the GFSC confirm-
Given the success of Jersey fund business one ing they have done sufficient due diligence
on the sponsor and associated parties and
could hardly argue it’s not well constructed but lodge the particulars of the fund with the
layin
ng new track and improving the signalling. GFSC.This to be reviewed annually. This
places the emphasis very much on the
local functionary whose own licence could
structure has therefore been enhanced to robust enough to allow light touch regula- be revoked if they consistently demon-
provide incorporated status for each indi- tion where funds can be listed on Euronext strate poor judgement and due diligence.
vidual cell. So read the Jersey PCC and without the need for a licence in the On the 1st February 2007 therefore a
ICC as interchangeable. This provides Netherlands. This is now similar to offer- new Registered Closed- Ended Investment
additional statutory protections around ings that exist in Guernsey. Fund came into being with many of the
each individual cell which deals more Lastly the Sates of Jersey have recently features recommended by the Harwood
effectively with those issues of cross-con- approved an amendment in the Islands Report and outlined formally in guidance
tamination and recourse. Incorporated income tax law which ensures that Jersey notes issued by the GFSC. An unregulated
cells are not subsidiaries of the main cell companies are treated as non-resident for fund which requires a locally licensed
company and whilst they may share com- tax purposes if certain conditions are met. administrator and a high degree of self-
mon board members they do not have to This may be attractive to certain UK struc- certification by the Guernsey licensed
have common shareholders providing tures: REIT’s for example, which require a service provider effectively certifying the
additional flexibility. UK tax resident company that is not con- competence and integrity of the promoter
The Jersey ICC also delivers additional sidered resident for tax in another juris- or investment manager and associated due
benefits in the winding up or liquidation diction. diligence on fund. On another matter
process and its construct is likely to attract there is no longer a need to establish a
funds that utilise higher levels of debt or The Guernsey Station Guernsey based principal manager in con-
trading margin in derivative contracts. In In 2005 Guernsey commissioned the nection with an authorised open-ended
Guernsey the PCC structure has proven to Harwood Report to review investment collective investment fund albeit existing
be robust dealing with segregation legislation and regulation and the and new applications will need to be
through the administration and receiver- Working Party reported its findings in licensed under the Protection of Investors
ship provisions. Changes in Guernsey June 2006. It also touched on other issues Law.
PCC legislation in 2005 also facilitated such as required infrastructure to support The Report also seeks to distinguish
greater use of PCC’s, outside of captive a fast developing fund domicile and between the oversight and monitoring
and reinsurance business, by encouraging attract intellectual capability to the Island role required of a Guernsey regulated fund
family offices to use these vehicles to sup- whilst allowing more flexibility in the and that of pure safekeeping and custody.
22 INVESTOR SERVICES JOURNAL
RBS INTERNATIONAL
It recommends that only the former ever more layered to allow better distribu-
should be undertaken by a licensed entity. tion of product the flexibility that the off-
This may impact the revenues of existing shore regime can deliver would be a real
licensees who gain significant banking and challenge as a first step in the evolution of
FX revenue as part of the overall relation- the UK REIT.
ship. There is a suggestion that the mini- With UK recognition of the Channel
mum capital requirement of £4m for a Island Stock Exchange (CISX) it expects
Guernsey licensed entity might be that some UK REIT’s will list on the CISX.
dropped albeit this will have to be judged The exchange is also considering an index
in light of international acceptance. of listed securities by sector to allow track-
er funds to track securities listed on the
Real Estate Investment Trusts (‘’REITS’’ exchange together with the provision of
and Property Funds CREST settlement for open ended invest-
The impact of REITs on offshore property ment companies (“OEICs’’) following the
unit trust is a common discussion. Is the introduction of facilities to trade in OEICs
demise of the offshore Property Unit Trust last year.
(PUT) Imminent?
Unlikely albeit it may slow the establish- There is much to consider offshore as the
ment of some structures a little in the
interim. With significant property already islands consider next steps and seek to make
domiciled offshore sponsors are not
encouraged to pay a conversion charge to
themselves th
he jurisdiction of choice for
deliver property assets back into a newly European Fund Managers.
formed REIT structure particularly when
they have only just settled the establish- Summary
ment fees! Their focus is now getting on So there is much to consider offshore as
with business in hand. Other reasons for the islands consider next steps and seek to
holding fire relate to the fact that: - make themselves the jurisdiction of choice
for European Fund Managers and non-
- Tax exemption on qualifying income domiciled schemes without overheating
may not extend to ancillary income. the sector. The adoption of a volume
- Conversion of offshore property unit based approach like Cayman would
trusts will attract a 2% conversion charge require a significant change of policy by
on the gross value of the fund. the authorities and I am sure the reputa-
- Distributions to shareholders will be tional break will continue to be applied in
subject to 22% withholding tax subject to a measured way. The regulator acknowl-
reduced rates under double taxation edges that they can’t be all things to all
treaties. This will apply to distributions of men and trying to define and classify the
income and capital gains. Where investors variant characteristics of every product or
do not have double taxation treaties then scheme is time consuming, resource hun-
they could be exposed to higher tax gry and somewhat vacuous. Sitting as a
charges. sort of ‘procurator fiscal’ over a partly reg-
- Investor restrictions on ownership ulated scheme would also leave them vul-
(10%) may not suit a number of institu- nerable.
tional structures. The train is however determined to push
- Compliance monitoring on UK REIT’s on into new territory with a flexible com-
is fairly onerous. bination ticket that provides good value
- Transfers of units in offshore PUT’s do and an efficient way of reaching the spon-
not attract Stamp Duty Land Tax or sors destination. The regulator will con-
Stamp Duty Reserve Tax. tinue to ensure the track is well main-
- The tax efficient and transparent struc- tained and if a few junctions and spurs are
tures delivered offshore accommodate a inserted to provide sponsors and asset
wider investor audience and wider geo- managers a few more stop-offs then hope-
graphical spread of assets particularly as fully the mutual objectives of both will be
funds look at hybrid structures and look achieved.
towards Europe and further afield for
their property stock. Any views or information expressed in this article are
So standing back from all the excitement by way of opinion only and are based on information
of REIT’s there are some practical issues to available within the public domain. You are strongly
be digested when deciding on the domicile advised to take specific independent Legal and Tax Brett Allen
of the fund. With structures becoming advice when entertaining fund structures offshore.
Deficit
There are 12 Trustees in total. Two are independent, five are com-
pany nominated and five are member nominated.
The main Trustee Board’s work is supplemented by two Trustee sub-
committees. The Investment Committee oversees investment mat-
ters and a Management Committee oversees non-investment matters.
INVESTMENT STRATEGY
The Scheme’s strategic asset allocation is forty per cent equities,
fifty-five per cent bonds and five per cent property. A swaps pro-
gram has been implemented to help manage inflation rate and
interest rate risk.
DEFICIT
Marks and Spencer is contributing £500m to the pension scheme
via an interest in a property partnership.
This strategy was chosen because it enables Marks and Spencer
to make a substantial contribution to the Pension Scheme which
will immediately reduce the deficit by £500m, while ensuring that
the company’s cashflow obligations to the Scheme are spread over
a manageable period. From the Pension Scheme’s perspective, it
receives a significant income yielding asset, backed by a strong
portfolio of Marks and Spencer property.
ISJ
Panel Debate
Hedge Funds Lord Graham Maria Cantillon Adam Hopkin
Advent BNP Paribas Dundee Leeds
Metamorphosis.
Our panel of experts
debate the evolving
nature of the global
hedge funds
industry... Clare Flynn Levy Henry Smith Stephen Swindon Don McClean
Linedata Maples and Calder Rule Financial UBS
Lord Graham, Advent. Calum Graham is a member of the Clare Flynn Levy, President of Beauchamp Financial Technology, a
Advisory Board to Advent Software EMEA, having previously been wholly-owned subsidiary of Linedata Services S.A. Prior to joining
Regional Director for the UK and Ireland. Prior to joining Advent Beauchamp in 2004, Ms Flynn Levy was Chief Investment Officer of
he was European MD for Lexit, a Direct Market Access broker sub- Avocet Capital Management Ltd, and manager of the Avocet
sequently bought by Neonet. European Technology Fund.
Maria Cantillon, Global Head of Business Development, BNP Henry Smith, Partner, Maples and Calder. Mr Smith joined Maples
Paribas. Based in London,Ms Cantillon is primarily responsible for and Calder in 1994 and was made partner in 1999. He has advised on
bringing Service Solutions to UK based alternative clients irregard- all aspects of offshore finance transactions, focusing particularly on
less of Fund Jurisdiction. She has worked in the securities industry private equity funds, hedge funds, CDOs and other structured
for more than 10 years in multiple locations, covering Dublin, finance transactions.
Luxembourg, New York, Hong Kong and Singapore. Prior to joining
BNP Paribas, Ms Cantillon was Regional Head of Client Stephen Swindon, head of hedge fund practice, Rule Financial. Mr
Management in Asia with JP Morgan, then Head of Sales with HSBC Swindon has more than 20 years' experience of business analysis,
South East Asia. project and program management within the financial technology
industry. He joined Rule Financial in 1998, and has been responsible
Adam Hopkin, Client Services Manager. Mr Hopkin joined Dundee for the successful delivery of a number of high profile assignments.
Leeds in January 2005. Prior to this, he worked for Arthur Morris &
Company, the Bermuda member firm of Grant Thornton Don McClean, Client Services Director, Head of Fund Services,
International, where he worked in the Alternative Investment Ireland, UBS. Mr McClean has responsibility for the development
Department. Mr Hopkin qualified with Grant Thornton in England and management of the business and is a member of the Fund
where he was a Regional Prize winner at the Final Admitting Stage of Services Management Board. Prior to joining UBS he spent nine
the ACA exams, he is a member of the Institute of Chartered years at Fortis, culminating in the role of Director of Operations
Accountants in England and Wales and has an Honors Degree in Europe and has previously worked at Rudolf Wolf Fund
Chemistry from the University of Durham, England. Management Ireland and Strachans Management Services.
How has the increased appetite of institutional investors in into the mainstream of the investment spectrum. This has
using hedge funds as an investment instrument affected the created significant growth in the size, number and diversi-
hedge funds market? ty of hedge funds. In addition, institutional investors have
placed increasing demands on hedge funds to show that
Graham: The obvious answer is that hedge funds have had their business processes and systems infrastructure are well
to address greater transparency if they have wanted to controlled and robust. This growth, along with increased
benefit from this appetite. More to the point, the old scrutiny, has driven hedge funds to move towards elec-
spreadsheets with their high manual input, while adequate tronic trading services, to automate or outsource manual
for the familiar and alert internal management, have not business processes such as trade matching and reconcilia-
been acceptable to the scrutinising institutions. More and tions, and to establish workable business continuity plans.
more hedge funds need robust, proven systems. Possibly
the biggest impact, however, was felt with the institutional Smith: The increase in institutional investment has cer-
investors’ very first hunger pangs: armed with their trusty tainly led to a significant growth in the number of hedge
actuaries they concluded that not everything on the festive funds being formed offshore and in the Cayman Islands in
board was genuine alpha, blowing the whistle on “2 and particular. Hedge fund managers are seeking to establish
20” fees for many hedge funds that were being paid for lit- new funds with increasingly diverse alternative investment
tle more than beta. The easiest way in for many institu- strategies in the search for new alpha generating opportu-
tional investors, though, has been to wash the risks they nities – both in terms of geographic regional investment
perceived through diversification, with the resulting
increase in demand over the past three years in funds of There is now a growing readiness
funds.
amongst institutional investors
Hopkin: Due to the rapid growth in the industry, there is
now a growing readiness amongst institutional investors to
to consider non-traditional
consider non-traditional strategies that utilize leverage and strattegies that utilize leverage
derivatives within their investments strategies in order to
further diversify their portfolio; this is something that and derivatives within their
wasn’t appealing or possible a few years ago as their invest-
ment committees and policies precluded such investments.
investments strategies.
With such large investments by single investors, the indus- focus and in non-classic hedge fund strategies, such as pri-
try’s next challenge will be to provide the kinds of trans- vate equity type investments. Furthermore, we have seen
parent risk and return frameworks and operational flexi- an increasing number of larger financial institutions seek
bility needed to serve the absolute return needs of institu- to develop their own alternative investment divisions and
tional fiduciaries, who are introducing more stringent and hedge fund platforms and, in turn, to offer such products
detailed due diligence processes and risk research analysis to their institutional clients either as fund of fund prod-
as part of their search and review of hedge funds for ucts or growing their own in-house hedge fund manage-
investment opportunities. ment capability.
As institutional investors continue to seek exposure to
Flynn Levy: Institutional investors are still, overall, the hedge funds as an asset class, we have experienced an
biggest investors in the financial markets. They are increase in requests from potential institutional investors
increasingly interested in allocating assets to hedge funds for general background and diligence information in
and this has been a major source of growth for the indus- respect of the hedge funds in which they are considering
try. But institutional investors are still typically only allo- investing.
cating to hedge funds from a relatively small “alternatives”
portion of their total assets. Much more money is available McClean: Institutional investors are well established as
from the more general “equities” portion of institutional major investors in hedge funds. They tend to require more
portfolios and maximising alpha is equally relevant here. frequent reporting, dealing and NAV calculations, along
Hedge fund managers can attract money from that “equi- with higher levels of compliance with greater regulatory
ties bucket” by offering other products tailored to the oversight, as well as increased transparency. This is being
institutional market, thus driving even greater future driven by the demands of their own investors, who are
growth. now performing far more comprehensive due diligence of
their investment managers and service providers.
Cantillon: Increased due diligence of the hedge fund man- The more risk-averse institutions might prefer a fund of
ager’s business. As a result, managers are having to invest funds set up offering further diversification while more
more in infrastructure. aggressive investors might pursue single manager prod-
Pressure on capacity i.e. manager’s ability to find invest- ucts. These single manager products vary across the spec-
ment opportunities and generate alpha, thereby preserving trum of hedge fund offerings from the very complex funds
performance. investing in complex, thinly traded hard-to-price instru-
ments, to the straightforward funds which invest in
Swindon: The increased appetite of institutional investors exchange traded instruments. By investing in hedge funds,
for alternative assets has served to bring hedge funds more institutions have not only accelerated the growth of the
INVESTOR SERVICES JOURNAL 27
PANEL DISCUSSION - HEDGE FUNDS
industry, but have focused the attention of regulators. The tutional clients on the other. Certain regulatory issues,
industry no longer operates a boutique-like set up, but as a (e.g. ERISA in the US) may result in certain managers
distinct and growing asset class. being better equipped to build their fund management
infrastructure to comply with such regulations in order to
To what degree is there a ‘two-tier’ hedge fund industry service certain types of institutional investors (such as
emerging, between boutique managers servicing high net- pension funds). Whereas other managers may position
worth individuals and ‘supra’ asset managers servicing themselves to service those types of investors which are
institutional clients? not affected by such regulations. Furthermore, with
onshore regulators considering the distinction as to who
Flynn Levy: The big are definitely getting bigger amongst qualifies as a high net worth investor and a retail investor,
both hedge fund managers and fund of hedge fund man- there may be managers (particularly fund of funds man-
agers. As investors become more sophisticated, they are agers) who will gear themselves up to comply with regula-
demanding more robust operational infrastructure and tions in certain countries to market specifically to retail
controls from underlying funds – this means that the fixed investors. The cost of forming a new hedge fund manage-
cost of doing business as a hedge fund manager is higher ment business and creating the back office required either
than it used to be and economies of scale are emerging as by regulation or to satisfy investors due diligence require-
a competitive advantage. That said, there is still room for ments may also shape how many new managers are actual-
boutique managers that are typically targeting higher risk ly able to start up new hedge funds. More often than not a
and return profiles. new hedge fund manager will need a significant initial
strategic investor to provide it with sufficient capital to get
started.
The smart money follows Graham: From the perspective of a developer of hedge
the smart managers whether fund management systems, we see the industry is divided
into these two tiers, but the constituents of the tiers are
they are with a large institution very fluid, mainly upwards. It does not take long before
ue.
or a boutiqu the good performers running their own money and that
of their high-net-worth friends see the marginal benefits
of added fees from institutional capital, especially if they
Cantillon: Not sure this is the case. The smart money fol- still can warrant “2 and 20”.
lows the smart managers (and performance) whether they
are with a large institution or a boutique. McClean: While there is a distinction between boutique
and supra asset managers, it is not necessarily drawn
Hopkin: The hedge fund market is a very broad industry along lines of investor-base. Boutique managers attract
that covers a lot of different investment styles and strate- institutional investment as well as high net worth individ-
gies. As such, there is no true way to categorize or seg- uals. Likewise supra asset managers or large financial
ment funds together into groups, especially when looking institutions offering hedge fund products attract invest-
at both high net-worth and institutional investors. More ment from both high net worth individuals as well as
appropriately, they can be viewed as two ends of a spec- institutions and pension funds. Regardless of whether the
trum. There will be large funds that are able to provide investment manager is boutique, institutional or ‘supra’,
portable alpha solutions with customized risk and return institutional investors tend to require more due diligence
profiles that will appeal to institutional funds, and there relating to the investment manager as well as the service
will also be more niche investment funds that have a high- providers.
er risk profile that will appeal to, and also specifically tar-
get, high net worth individuals. However, there is a com- Swindon: As with all investment markets, the hedge fund
plete selection of funds in the middle ground between market comprises niche, specialist managers who focus on
these investment styles; opportunities and risk tolerance particular geographical, industry or other specific risk
attract one or both types of investor. profiles, along with larger asset managers who provide
investment opportunities across a range of markets and
Smith: The Cayman Islands have become an offshore cen- risk profiles. Rather than a two-tier approach, there has
tre of choice for the hedge fund industry, offering both a been a blurring of the distinction between the traditional,
strength and depth in numbers of legal, accounting, long only asset managers and the more esoteric hedge
administration, insolvency and other hedge fund profes- funds. This has been driven by market demand, as well as,
sionals available to service client. We therefore see the legislation such as UCITS III which has opened up previ-
Cayman Islands continue to attract hedge funds whose ously closed asset classes, such as derivatives, to institu-
investor base is predominantly composed of institutional tional investors. This has presented significant challenges
investors, although the Cayman Islands do also offer a to the traditional asset managers as they attempt to
more tailored regulatory regime for retail markets (e.g. accommodate the new requirements presented by alterna-
Japan). It is probably correct that there is a separation tive asset classes within their highly inflexible systems and
emerging between boutique or ‘friends and family’ man- processing infrastructure. The new requirements present-
agers on the one hand and asset managers servicing insti- ed by these asset classes impact all aspects of the trade
28 INVESTOR SERVICES JOURNAL
PANEL DISCUSSION - HEDGE FUNDS
lifecycle from pre-trade risk management through to hedge fund sector has evolved through clever people on
trade capture, matching and settlement. both buy- and sell-sides finding anomalies around struc-
tures of markets within financial services systems and cre-
With more institutional investment in hedge funds and ating vehicles to exploit them. Adding regulation to the
fund collapses such as Amaranth, how likely is increased mix simply adds another layer of structures around which
regulation in the hedge fund industry in the future. the same clever people will no doubt find a way to weave
their returns.
Cantillon: Increased regulation is definitely likely. In the
short-term there’s more likely to be a lot more collabora- Swindon: The Securities and Exchange Commission (SEC)
tion between the industry and regulators which will result has been actively trying to increase the regulatory frame-
in a balance of better industry practices (in essence, self- work within the hedge fund industry for a while, with lim-
regulation) and some additional regulation. Europe is ited success. The Amaranth collapse will not dent their
currently better positioned than the US, as evidenced by enthusiasm in pursuing this approach.
the weight of fund collapses being on the US side. The US
hedge fund industry will see further regulation in place of
the recently repealed legislation.
If anything, the Amaranth collapse
demonstrated that hedge funds
Hopkin: There have been numerous attempts to regulate
hedge funds, and there is still much talk about hedge fund themselves have created enough
regulation. Yet market forces are always going to be the
ultimate regulator in the financial industry and lessons
liquuidity in the markets to protect
learnt from the historic examples of failed financial the world financial system from a
endeavors - including failed hedge funds – only add sup-
port to this. Hedge funds are the most active investors in blow-up the size of Amaranth.
new, more-complex structured financial products that
include both leverage and heavy investments in deriva- The Financial Services Authority (FSA) has tended to
tives. The collapse of large hedge funds will always high- focus on the structural aspects of the industry. It is more
light the roles of hedge funds as providers of liquidity and concerned with the financial stability within the market as
absorbers of risk through these new strategies. This, in a whole and is looking for “transmission mechanisms”
turn, will always lead to increased public concern about whereby a collapse could precipitate other potentially cata-
investor protection. However, most investors can protect strophic failures. Their stance is that the regulatory
themselves adequately from the risks associated with such response should be directed at well defined risks rather
investments through established analysis and due dili- than a general “attack on hedge funds” which would seem
gence. If there was to be increased regulation, this should to indicate that, for now, increased regulation of hedge
never been seen as a substitute to investor due diligence. funds in the UK is unlikely.
Flynn Levy: If anything, the Amaranth collapse demon- McClean: Active due diligence and transparency are key
strated that hedge funds themselves have created enough drivers for the hedge fund industry particularly with the
liquidity in the markets to protect the world financial sys- increasing number of institutional investors investing in
tem from a blow-up the size of Amaranth. Of course, reg- hedge funds. High profile collapses in the industry have
ulators are certainly casting a closer eye over hedge funds reinforced the requirement for independence between
(that would be the case even without Amaranth) as more asset managers and third party service providers. In addi-
assets flow into what is a largely unregulated sector. Thus tion, investors are looking for stringent back office con-
far, regulators appear to have recognised that hedge funds trols within asset managers in order to control risk across
are actually a good thing for free markets, on the whole, the fund. Although attempts to regulate hedge funds and
and over-regulating them would be dangerous. hedge fund managers in the US have been difficult, regula-
tors have hedge funds firmly within their sights.
Graham: Regulation appears to be joining death and taxes
as the surest things on earth. Regulation is inevitable in Smith: Obviously, with the growth of assets under man-
our society and its grasp will reach towards any shocking agement in hedge funds and the increased amount of pen-
event where anyone can cry foul. Having said that, the sion and insurance institutional investors, the onshore reg-
PANEL DISCUSSION - HEDGE FUNDS
ulators and authorities are reviewing to what extent new While many believe that regulation is inevitable in order
regulations may be required to monitor hedge funds. to provide some oversight and protection to the investor, a
Whilst there is no doubt that recent hedge fund collapses prime time for regulation is at fund set-up, where it
have made for high profile media coverage, it should be should be incumbent upon the jurisdiction of incorpora-
remembered that, as a percentage of the hedge fund uni- tion to ensure that the fund is launched only after meeting
verse, the number of serious hedge fund collapses is still all the regulatory requirements. However, such regulation
quite a small number. The regulatory approach in the should compliment the dedication of fund managers and
Cayman Islands basically recognises that, provided that the administrators and the continued due diligence by
investor meets a minimum investment threshold and there investors.
is appropriate disclosure in the offering materials, sophis- As hedge funds become increasingly creative in their
ticated investors should be free to determine the particular investment approach, any regulation would become more
hedge fund strategies and risk/reward profiles in which difficult and costly both in terms of reporting and the
they wish to invest. Indeed, with this approach in mind, knowledge required to provide adequate oversight, and
the Cayman Islands Mutual Funds Law has recently been some contend that because hedge funds are designed to
amended to increase the minimum investment amount to act with maximum flexibility in the market place, this reg-
US$100,000 for investors in a hedge fund registered under ulation is incompatible with hedge funds. However, both
s4(3) of the Mutual Funds Law of the Cayman Islands and sides provide strong arguments, and eventually an interna-
to introduce a new Key Data Elements filing requirement. tional consensus and middle ground will be found.
As hedge funds become increas- Swindon: The FSA’s focus on financial stability is sensible.
It has stated that it is not appropriate for any regulator to
ingly creative in their investment gather information such as large positions held by individ-
ual hedge funds. The FSA is in the process of defining its
approach, any regulation would approach to consumer protection but, again, the focus
beccome more difficult and costly appears to be structural and will look at issues such as the
functional separation between the manager of the fund
both in terms of reporting and and custodian, or the pricing of the fund. Over regulation
will stifle creativity and potentially burden hedge funds
the knowledge required to provide with unnecessary and costly bureaucracy which will not be
adeqquate oversight. in the interests of their investors. However, it is important
that hedge funds can demonstrate that they have robust
In fact, the Cayman Islands Monetary Authority noted processes and systems - whether this should be policed by
that the overwhelming majority of hedge funds registered regulators or driven by investor scrutiny is an interesting
under such law had minimum investment amounts well in debate.
excess of this amount. Institutional investors who have the
means to make significant minimum investments should Smith: As noted above, in respect of hedge funds that are
be better placed to carry out their own due diligence and marketed to sophisticated and institutional investors, the
risk monitoring of the hedge funds in which they choose Cayman Islands approach is that sophisticated investors
to invest. Institutional investors are increasingly focusing should be free to determine the particular hedge fund
their own due diligence review of hedge funds on the pres- strategies and risk/reward profiles in which they wish to
ence of internal controls and checks and balances within invest. Although the Cayman Islands tends to be a juris-
the fund, such as checking for the presence of independent diction of choice when it comes to determining where to
directors and service providers (such as the administra- establish a hedge fund vehicle, few investment managers
tors) and robust valuation procedures. Arguably, an ele- are actually resident in the jurisdiction, often being based
ment of self regulation by the hedge fund industry may be in the United States or the European Union. Hedge fund
a more cost effective way for the industry to proceed. managers and other key service providers such as admin-
Initiatives volunteered by industry bodies such as the istrators, custodians and prime brokers will often be reg-
Alternative Investment Management Association (e.g. see ulated by and subject to the rules and oversight of
the recent guidance notes on side letters) are useful onshore regulators. Even if the fund manager itself is not
approaches in this regard. regulated onshore, there are plenty of existing securities
laws on the statute books in onshore jurisdictions to con-
To what degree should the hedge funds industry be trol the marketing of hedge funds to residents and
regulated? investors in those jurisdictions which will be relevant to
the way in which a hedge fund manager operates and to
Hopkin: This question remains a hot topic for those stake- the funds’ investment profiles. Furthermore, institutional
holders promoting dialogue, yet this raises a more salient investors’ investment activities will often themselves be
question: through which jurisdiction should funds be reg- regulated onshore or limited by their own internal con-
ulated? While recent events have seen Germany trying to trols and policies. The Cayman Islands approach has
force the issue within the G7, other countries and bodies been not to add additional costly (and arguably not nec-
including the UK’s FSA and the US’s SEC have taken a essarily helpful) layers of regulation on hedge funds gen-
softer approach – albeit in the same direction. erally and to recognise that fund managers and other
30 INVESTOR SERVICES JOURNAL
PANEL DISCUSSION - HEDGE FUNDS
service providers to a hedge fund are generally subject to How is the role of hedge funds changing?
rules and regulations in onshore jurisdictions. In addi- Smith: As investment managers continue to seek out
tion, the Cayman Islands authorities do have some pow- investment opportunities in markets that appear to be
ers under existing regulatory laws of the Cayman Islands experiencing greater competition, we may see greater
to step in and assist onshore regulators and authorities diversity in investment strategies and investment opportu-
where appropriate if a hedge fund gets into trouble or nities considered. Indeed, over the last year we have begun
acts fraudulently. Where hedge funds fall into distressed to see renewed interest in hedge funds seeking exposure to
situations, the range of accountants, insolvency lawyers more private equity style investments and funds seeking to
and practitioners and other professionals available in the provide for longer lock up periods and side pockets in
Cayman Islands, along with the reputation of the their fund structuring.
Cayman Islands courts and stability of the legal system
(which is in large part derived from English law), mean Flynn Levy: Increasingly, I see hedge funds coming full
that the jurisdiction is of further comfort and appeal to circle; they are growing into “absolute return institutions”
both institutional investors and non-institutional in their own right. Arguably, these insitutions should be
investors alike. capable of producing superior returns on lower cost bases,
due to investment in advanced technology as well as a
Graham: The hedge fund industry could probably be best greater focus on both risk management and alpha genera-
served in adopting some form of hedge-fund-specific self tion. I don’t think it will be long before institutionalisation
regulation, before having regulation foisted upon it by reaches a point where we no longer distinguish the hedge
bodies less familiar with its complexities. Recognition of
industry-wide adoption of robust standards in accounting
and accepted systems for capturing and deriving reported Now hedge funds are
data would go a long way to calming outside concerns of
risk, without necessarily forcing greater transparency. investing into a wider
Since the industry has been created under the overriding
principal of caveat emptor, perhaps any regulation should
spectrum of investment
concentrate on the caveat part rather than the emptor. opportunities and also moving
Cigarettes still sell despite the black warning covering half
the box. into financial markets that
Cantillon: Balance of self-regulation and regulatory body
were historically the domain of
legislation. FSA has the right approach. other types of entities.
Flynn Levy: My view is that the current levels of regula-
tion are largely sufficient. The main area where I believe fund sector from the larger fund management sector.
any tightening should be focused is fraud prevention. This
issue was not really addressed by the Securities and Graham: Hedge funds have changed from serving as the
Exchange Commission’s (SEC) attempted new rules on wealth growth vehicles of individual “General Partner”
registration. In the US, the use of third party administra- experts and their Limited Partner close associates to serv-
tors and perhaps the implementation of rules regarding ing as one of the key investment growth vehicles of insti-
the minimum qualifications and/or background checks on tutions. It is probably a role shift of the same magnitude as
actual managers might help to better safeguard investors. the equity market went through decades ago. The pension
and life funds and their regulators previously perceived
McClean: Regulators ultimately decide on the level of any risk beyond sovereign debt as off-limits to their kind
regulation they determine appropriate for their jurisdic- of money. The advent of the then novel theories of portfo-
tion. In Ireland, the Regulator ‘pitches’ regulation at a level lio diversification and portfolio insurance subsequently
which protects investors while encouraging enterprise and saw these institutions run their equity exposure up past
innovation. Different hedge funds should be regulated to the 50% mark, bringing major changes to the volumes,
different degrees, depending on their risk profile and liquidity and structure of equity markets.
investor base. In Ireland the non-UCITS PIF and QIF
provide for varying levels of regulation - in terms of Hopkin: Hedge funds were initially created as a stream-
investment and leverage restriction - depending on the lined way for a small market of sophisticated investors to
sophistication of investors. pool their funds and obtain investments in areas that
The Irish Fund Industry Association (IFIA) represents required specialized knowledge. Now hedge funds are
the requirements of most stakeholders in the Irish fund investing into a wider spectrum of investment opportuni-
services industry [investment managers, administrators, ties and also moving into financial markets that were his-
lawyers, auditors] and co-ordinates industry torically the domain of other types of entities. This is evi-
participants’ requirements and proposals with the dent with their growing influence within the capital mar-
Regulator. The Irish Regulator, therefore, works with stake- kets – where they are seen as providing liquidity in some
holders to create a compliant environment which encour- markets through the use of derivatives, borrowing, short
ages business. positions and structured securities, as well as providing a
INVESTOR SERVICES JOURNAL 31
PANEL DISCUSSION - HEDGE FUNDS
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PANEL DISCUSSION - HEDGE FUNDS
ideas according to customer demand. many will take part in consolidation one way or another.
For those who scale up into multi-strategy absolute return
Graham: The hedge fund market will definitely become institutions, there is an enormous opportunity to make
more exciting. Where 2005 and 2006 saw rotation money on assets allocated from outside the “alternatives”
between tried and tested strategies as they came in and bucket, but there is also a lot of work to be done in the
out of favour, we are now seeing demands on our systems background. To do it properly, firms will have to make sig-
for the accounting of some very creative new strategies. nificant investments in talent and operational controls, as
Litigation Funds are another example. Pricing of the well as in well-integrated, scalable, multi-asset technology.
funds will no doubt become more challenging.
McClean: In 2007 investors will hail from an even greater
Smith: From a Cayman Islands legal perspective, there is number of jurisdictions, and distribution into markets
likely to be little change to the legal structuring of the such as Germany and Austria will be of increasing impor-
hedge fund vehicles, regardless of the particular invest- tance to the hedge fund industry. Investors will continue
ment strategies contemplated by the investment manager. to seek more frequent and transparent reporting and will
To the extent that more hedge funds look to invest in continue to seek managers able to provide strong alpha.
assets that might remain illiquid for some time, there Managers will continue to seek to offer alpha to their
might be a greater number of funds seeking to adopt side investors and to ensure that they offer the asset classes and
pockets in their structuring, as perhaps the traditional strategies demanded by the market.
distinction between a private equity fund and a hedge Service providers are constantly searching for ways to
fund becomes less distinct and more hybrid funds come improve services to clients to ensure their requirements
are met or exceeded. Having the expertise and IT infra-
structure in place, along with experienced, knowledgeable
In 2007 investors will hail client-focused staff, to meet the challenges of an evolving
market place will be integral to all services providers
from an even greater number including administrators, prime brokers and custodians.
of jurisdictions, and distribution The ongoing challenge for regulators is to provide mean-
ingful regulation at the same time as maintaining the
into maarkets such as attractiveness of their own domicile to asset managers and
investors alike, allowing business to flourish in a well regu-
Germany and Austria will be lated environment.
of increasing importance to the Smith: Whilst the regulatory regime in the Cayman
hedge fund industry. Islands is relatively settled, the challenges onshore will be
for the industry to actively participate in the debate on
the necessity for any increased regulation of hedge funds.
to the market. It is hoped that onshore regulators and legislators will
consider all sides of the arguments as well as a cost/bene-
What will be some of the challenges and opportunities for fit analysis of any proposed hedge fund regulatory pro-
the hedge fund market in 2007? posals. In particular, it should be carefully considered
whether introducing additional onshore regulation will
Graham: Getting and retaining talent is likely to become actually protect investors over and above the laws and
harder. Taking on new strategies in this ever-changing regulations that already exist or whether it would simply
industry typically requires very specific, new expertise and stifle the ability of hedge fund managers to satisfy
we saw how 2006 favoured the nimble in strategy adop- investors’ increasing desire to look to hedge funds to add
tion. Having the right tools and the capital to attract talent value and diversified non-market correlated alpha to their
will be key. Secondly, the decision on how to handle the investment porfolios. However, from a Cayman Islands
Markets in Financial Instruments Directive will challenge legal perspective, we would expect the continued interest
many funds. Are they exempt as a collective investment of institutional investors in the hedge fund asset class to
scheme with no European connection except for their continue to institutionalise aspects of the hedge fund
instrument exposure (not even marketing)? If not, how do market and, given the reputation and stability of the
they handle partner/client classification, best execution Cayman Islands, that the Cayman Islands will continue to
and post-trade reporting? The opportunities on the other be the natural jurisdiction of choice for such funds.
hand, abound as ever, as the industry begets its own liq-
uidity in countless geographies and negotiable instruments Cantillon: 1. Preserving performance in an environment
as yet untapped. Litigation Funds are redefining “Event where asset flows are increasing and spreads are narrow-
Driven” as a strategy. What next? ing. i.e. a lot more money chasing the same deals.
2. meeting the demands of the institutional investor who's
Flynn Levy: The fact that the big are getting bigger poses a appetite for hedge funds is growing. Means bigger invest-
challenge for smaller hedge funds and therefore for those ment in hedge fund manager's infrastructure and more
who provide services to them. There will still be room for emphasis on operational risk, streamlining processes etc.
some smaller hedge funds to exist as niche players, but good news for service providers!
34 INVESTOR SERVICES JOURNAL
PANEL DISCUSSION - HEDGE FUNDS
front-row seat
DELIVERING A DOMESTIC
MARKET FOR EUROPE
PAYMENTS
Blowing the cobwebs Europe. The idea was born that a standard
form of payment instruments would allow
away through freer flow of trade and commerce.
Similarly, in the UK, concern over restric-
innovation. tive practices in the payments industry,
such as high barriers to entry, low levels of
innovation, concern about the speed at
Alan Duerden looks at which payments could be cleared or the
services that could be provided to con-
how the interest of the sumers meant that initiatives were needed
to open up the market and make it more
regulators has shakenn- competitive.
up payments space. The drive for change in the payments
space has really come from regulation,
namely SEPA and the UK Faster Payments
scheme, which have been the catalyst for
I
t can be argued that for many years the development and innovation across
payments industry has really been the Europe and the UK respectively.
back office of the back office, gathering SEPA, born out of what is referred to now
dust, and not getting the recognition it has as the Lisbon Agenda, subscribes to the
recently enjoyed as a separate business line idea that by streamlining payment services
and a very stable operation. and flows, productivity and profitability
For a long time a balance had been struck can be increased in the market. The direc-
on the payments seesaw between the banks tive is about common instruments, com-
mon process, common legal definitions
www.equens.com
PAYMENTS
for customers to change from one bank to “As a result of these initiatives corporate currently willing to make that investment
another. The only way banks can get new customers have expectations regarding and commitment.
customers and retain them would be to enhanced service and cost reduction,” con- In Europe we seem to suffer slightly from
offer new products and services.” tinues Nicholas Daniel, Business regulation-phobia and don’t always
“Within Europe, SEPA and the UK Faster Development, CBNet. “Banks will be embrace legislation in ways that would be
Payments are the main drivers for change,” under pressure to fulfil those expectations. healthy for the long-term development of
agrees Mickey Vonckx, Sungard. “However, Logically, the winners will be those banks the market, and SEPA is no different. For a
combined with these issues is an ongoing who can offer an efficient, low cost, volume lot of banks regulation is just a case of tick-
change in the way corporate clients are payments processing service with the facil- ing the boxes and doing the minimum that
purchasing their payments and cash man- ities for sophisticated tracking and report- is required to comply.
agement services.” ing.” A widely held view is that most banks will
On top of heightened customer expecta- While offering an efficient, low cost, vol- continue to use their legacy systems, and
tion, the legislation drive towards stan- ume processing service seems to be a more paper over the cracks with minimum
dardisation and efficiency has also created than adequate solution to the problem, the investment. So what will the competitive
a more competitive market. In the case of reality however is a little harder to arrange landscape look like after SEPA and the UK
SEPA the cost of cross-border payments in than the idea would suggest. Currently, Faster Payments Scheme?
the SEPA zone is has been limited, directly legacy systems; the old, in-house, corpo- “Banks will much more critically exam-
affecting the cost-income ratio of rate computer systems that are the hang- ine the profitability of providing the pay-
ment service,” states Vocs’a Martin Wilson.
There is no simple answer, save that “I think you will see many banks outsourc-
ing or partnering and looking for the most
legacy systems will require amendments efficient way to manage their payments.
to manage the differinng requirements of While a number of banks see SEPA as just
a compliance issue, there are others that
these new initiatives. recognise the opportunity to either consol-
idate in their own market or branch out
European banks. Effectively banks invest- over from a distant business world, allow into new markets. As Wilson says, partner-
ment in payments procedures and systems for multiple system fragmentation on a ing is one instrument that banks may use
will at minimum stay the same, if not go bank-to-bank, bank-to-customer, and as they invariably will not be able to solve
up, while the revenue they generate from geography-to-geography level. Coupled all of the problems that legislative change
payments will decrease. with this is the fact that, as with many brings themselves, and will look to pay-
“The challenge within the banking con- other back office processes, the payments ment processors to assist them.
text is trying to make a business case for space has been marred by lack of invest- “Im convinced that, whether its in the UK
what are almost mandatory changes but ment. or Europe, over time banks will look at
have no revenue associated with them,” “Banks have always chosen to use the least their payments business as an area they
explains Jonathan Williams, Principal costly alternative to meet various changes don’t want to be in,” believes LogicaCMG’s
Market Strategist, Eiger Systems. “Its costs in the industry. This has resulted in legacy Jerry Norton. “Now outsourcing might not
without the associated revenue back from payments processing applications, 10-20 be the right word for this but I think pay-
their customers.” years old, doing the core payments pro- ments will definitely go to a third party to
To combat this banks will have to either cessing with several patches,” believes deal with.”
attract higher volumes or provide value- ACE’s Parth Desai. Under such ‘partnerships’ banks will be
added services to clients such as e-invoic- There is no simple or single answer to this able to tap the innovation strategy of such
ing, one initiative that the European problem save that legacy systems will processors and introduce products includ-
Commission is very keen on. Banks will require amendments to manage the differ- ing, international remittance payments,
have to be more innovative in their pay- ing requirements of these new initiatives, payments through the mobile phone and
ments departments and, as seen in other and as Mr Daniel of CBNet suggests, the get it out into the market quickly, hoping
areas of securities services, an element of question for the institutions concerned is for increase revenue and increased attrac-
‘value-add’ will have to be involved in the the cost of the amendments versus the pur- tiveness to customers.
long-term view to make sure existing chase of replacement systems, set against There is no denying that legislative
clients are kept happy and to remain com- the new competitive environment that changes in the payments space is making it
petitive. SEPA will create. a volumes game because banks will be
“On the value-add discussion, I think There is evidence to suggest that banks required to making potentially quite large
there will be a degree of innovation in the who are prepared to, with a bit of foresight investments in new systems and volumes
services that are provided to the end cus- and investment, opt for an ‘open heart sur- are needed to pay for that investment.
tomer, and that is what the regulators gery’ approach to their payments systems What regulation has brought with it how-
want,” believes Jerry Norton, Director of rather than just papering over the cracks ever is also huge potential for innovation
Strategy, Global Financial Services, will put themselves in a much stronger and banks will be able to offer the clients
LogicaCMG. “Whether retail or institu- position to capitalise on the potential they are dealing with, a series of services on
tional, it should force banks to be more shakeout that will occur as a result of SEPA top of their base capability, enable you to
innovative in the customer services they and the UK Faster Payments Scheme, how- increase your margin and catch more of a
offer.” ever there are relatively few banks who are market share.
Back to the
ing that the UK custody market presents
a clear case of Wimbledon Syndrome. It
is one of the best of its kind in the world,
but it is dominated by players from else-
where in the world, including big names
N
o-one with any significant degree
of experience in the custody and a mini-history of the changes that took
securities services industry in the place in the UK in the 1990s. Less than a
UK can possibly need reminding of the decade later, it reads like a melancholy
dramatic changes that have taken place period piece, with a number of points
over the past 10-15 years. But younger that are still relevant today.
readers, and/or newer arrivals on the “In the United Kingdom, the choice of
scene, might find it astonishing to learn custody providers has narrowed again,”
that the landscape was not always popu- wrote RBS Trust Bank. “The Bank of
lated by non-British names. There did Scotland withdrew from the custody mar-
indeed used to be a number of indige- ket altogether, and sold its trustee busi-
nous providers of custody and related ness to State Street. Just 18 months after
services, a time when the closest thing the acquiring the custody clients of Barclays
UK could claim as a home grown Bank, and with the transition process still
provider was not the re-domiciled incomplete, Morgan Stanley sold its
Hongkong & Shanghai Banking entire Global Securities Services (MSGSS)
Corporation, trading under a badge that arm to Chase. If the withdrawal of the
gives no clue to its origins somewhere Bank of Scotland was not unexpected, the
further east than Bromley-by-Bow. Still, if sale of MSGSS was a sharp reminder to
the UK's Davis Cup tennis team can
claim Canadian Greg Rusedski as one of
its own, who could possibly deny HSBC's The UK is one of the
claim to local UK citizenry? Especially as
the powerhouse that is its modern cus-
best of its kind in the
tody and regional sub-custody business
can trace at least some of its roots back to
world, but it is domi-
the old securities business of the late, nated by players from
lamented Midland Bank International.
Stretching the tennis metaphor still elsewhere in the world.
INVESTOR SERVICES JOURNAL 41
UK CUSTODY
custodial clients everywhere to reassess look to price and charge separately for people have had to be more savvy about
whether the commitment of their each aspect of the service they provide. the scale play, compensating for the drop
provider to the industry is sustainable, or “For custodians, this greater trans- in fees by building up assets and driving
merely the waffle of the marketing men. parency is a mixed blessing. It has business volumes through their existing
“Some users of custody services in the exposed the poor profitability of a pure infrastructure. At the end of the day,
United Kingdom are now experiencing custody service, but helped clients to though, the decision to award a mandate
their fourth change of provider in as understand the true cost of the services is not made entirely based on price.
many years, without being consulted and the risks they are asking their custo- Different clients have different dynamics,
about any of the changes which have dians to assume. Separate pricing has also and they all need to make the choice that
taken place. Yet each merger or acquisi- increased the flexibility of fund adminis- is right for them.”
tion obliges custodial clients not only to tration, allowing clients to assemble and Moving firmly back to the present, and
run the risk of disruption to the service, price their own portfolio of custodial then forward to the future, the latest
but to familiarise themselves with new services. Custodians are now providing a surge in growth caused by the mush-
credit risks and fresh faces, communica- much broader range of services, and their rooming of hedge funds in Europe pres-
tions systems and reporting formats. clients are prepared to pay for those ents more opportunities for the foreign-
Every change of ownership prompts at which they want or need. In the wake of owned but largely UK-staffed providers
least some clients to incur the expense of the problems which occurred at Barings in the market. London is the leading
changing their provider altogether. It is and Morgan Grenfell Asset Management, hedge fund centre for Europe, says Fergus
Healy, global product head for
“London is a hotbed for hedge fund Citigroup's alternative asset administra-
tion business. Although hedge funds
investment with 400-500 single managed by European based managers
are mostly domiciled in Dublin, Cayman
strategy hedge fund managers aloone.” or potentially Luxembourg, the invest-
ment talent is very much based in
not surprising that fund managers are clients are also demanding a clearer London, and looking for the range and
increasingly reluctant to give business to understanding of the risks they are run- quality of service they have been accus-
banks where custody is not a top priority. ning and the steps which the custodian is tomed to in traditional asset manage-
“However, it has not stopped them taking to mitigate them. ment, which poses interesting challenges
placing new business altogether. The “One comfort they have is that custody for service providers. “Hedge funds want
unbundling of fund management and is now regulated directly by the more frequent reporting and we have to
fund administration has continued apace, Investment Management Regulatory be able to service both traditional invest-
with more fund managers electing to buy Organisation (IMRO), rather than as one ment managers and hedge funds using
custody services from specialist providers of the services which a bank or fund the same technology,” says Fergus Healy.
rather than supply them directly to their manager or broker-dealer happens to “Hedge funds will invest in more com-
clients. The price of maintaining compet- provide. Regulations under the Financial plex OTC derivatives, but so do tradition-
itive systems and the growing burden of Services Act of 1986 were issued in June al managers, and we've had to gear up for
regulatory compliance - exacerbated by 1997, and new IMRO rules came into that already; we can source independent
the expense of the systems, advance effect from February this year. During the valuations of OTC products from third-
preparations for the Euro and the need to course of next year, IMRO will be merged party vendors for example. Hedge funds
defuse the Millennium Bomb - has per- with the new Financial Services Authority are constantly changing and our staff and
suaded many fund managers that it is (FSA), the body created in October 1997 technology have to be able to adapt to
cheaper and better to buy administrative to merge the activities of nine separate client needs, which means that adminis-
solutions from specialists who can spread regulatory bodies. The FSA took over trators are probably recruiting a higher
the costs over larger volumes of business. from the Bank of England full responsi- calibre of staff than they might tradition-
A record number of custody mandates bility for the supervision of banks in June ally have done.”
are coming on to the market. this year, making it the lead regulator for “London is a hotbed for hedge fund
“Not all of them are finding ready buy- many custodians already. All of these investment with 400-500 single strategy
ers. The shrinking number of custodians, measures are intended to strengthen hedge fund managers alone, but the real
coupled with rising demand for their domestic and international confidence in growth is in funds of hedge funds,” says
services, has relieved the downward pres- the regulation of investment in the Marc Russell-Jones, vice president, Global
sure on custody fees. Fees have yet to rise United Kingdom. Fund Services, at Northern Trust. “There
significantly. But the demand from clients “Expectations as to what is acceptable were almost 500 in Europe at the last
for greater transparency in fee structures in the market, in terms of the services count.” He has little doubt that 2006 will
has led to some upward pressure on custodians provide and the prices they go down in history as a turning point for
nominal fees, if not on the overall cost of can charge, have changed over the past 10 the industry. “We recently produced a
purchasing a custody service. Whereas years,” says Chris Pemberton, Head of research paper showing where future
they once used earnings from foreign Clearing, Settlement and Custody UK at growth will come from. It shows that
exchange transactions and idle cash bal- BNP Paribas Securities Services in demand in Europe for hedge fund expo-
ances to cross-subsidise the provision of London. “Fees have more than halved in sure sees no sign of relenting. In 2003,
the core custody service, custodians now certain markets, including the UK, and one in five institutional investors in
42 INVESTOR SERVICES JOURNAL
UK CUSTODY
Europe invested in hedge funds or fund 10 years who have the infrastructure, do you price them? How do you manage
of hedge funds. By 2005 this had scale, expertise, technology and banking and automate linked payment processing?
increased to one in three, as a recent services to accommodate the diverse How do you handle the paper chain?
Northern Trust survey entitled “The requirements of institutional investors Hedge fund managers roll on to do new
Forced Institutionalisation of the Hedge and managers alike. things every day, and there is a lot of
Fund Industry” highlighted. Other recent As a result of the inevitable increase in paperwork involved in derivatives; the
industry surveys indicate that industry regulation, the greater focus on opera- higher the volume, the less we can use old
growth rates doubled in the first six
months of 2006 compared to the same
period in 2005.” “The growing complexity of the
He draws attention to the way in which
increased inflows are impacting the hedge
investment world poses a
fund industry right now and will act as a number of questions
catalyst to the emergence of a two tier
hedge fund industry in Europe, namely: to custodians.”
1)Boutique managers servicing private
clients and high net worth individuals; tional transparency and the demand for technology. Fund managers are very
2) “Supra” alternative asset managers institutional type fund administration, it interested in hearing about component
with the infrastructure to service institu- is clear that one size most certainly does services that will sit well within their
tional clients. not fit all, he argues. “Ultimately it is the architectures; as custodians and adminis-
His study further concluded that there target investor who will dictate the profile trators, we have to continue finding ways
were three key effects that institutional of the administrator/custodian and asset to service those fast-changing instru-
asset flows would have on the hedge fund manager for alternative assets. The fund ments. People, processes and IT are being
industry. of hedge funds market presents a chal- impacted more than ever before.”
One, increased regulatory environment: lenge to us all, as it just doesn't work in a
this will have the single biggest influence straight-through processing environment.
on the future of the hedge fund industry. In fact, the joke is that in that world the
The focus of the regulator will be on acronym STP means straight to paper.
areas such as asset valuation, risk moni- The challenge is adding automation and
toring and internal operational and man- controls around a process that lends itself
agement controls. A by-product of insti- to a manual environment owing to the
tutional flows will be increased standardi- lack of standardisation in the industry
sation benefiting both managers and today. Without tight controls around doc-
investors in areas such as asset identifica- ument management and order processing
tion, pricing and subscription and the administrator opens himself up to
redemption documentation. An improve- higher degrees of operational risk."
ment in professional standards and “Apart from a few mature schemes,
increased regulation will create condi- there's not an investor around today who
tions for more investors to diversify into doesn't want hedge funds, private equity
alternative strategies. or other alternative assets, and the
Two, asset allocation: portfolio diversi- mantra 'Adapt or Die' is more relevant
fication and non-correlated absolute than ever in our market,” says Nigel
returns are driving asset allocation. The Taylorson, Head of Client Relationship
portfolio transparency argument has Management, UK & Ireland at ABN
moved on to focus on operational trans- AMRO Mellon. “Our capabilities have
parency leading to the emergence of had to increase enormously in recent
“supra” alternative asset managers who times. We have bought in a range of new
offer in-house, multi-strategy, multi- products and services, for instance
structure product offerings coupled with through our partnership with The
an established compliance and reporting Burgess Group LLC for private equity
infrastructure. administration, by purchasing DPM to
Three, administration and custody: provide hedge fund administration, and
77% of institutional investors allocate by developing an OTC valuation service
assets to hedge funds through the fund as well as new reporting capabilities.”
of hedge fund route today. A result more “The growing complexity of the invest-
emphasis is being placed on core admin- ment world poses a number of questions
istration and custody competencies. to custodians,” concludes Wade
With over 40 hedge fund administrators McDonald, head of State Street's asset
in Dublin alone, consolidation is management and bancassurance group in
inevitable as we have seen within the the UK. “How do you capture and auto-
traditional custodian banks over the last mate these very varied transactions? How
MARTIN CAMPBELL,
PHIL VASAN , Managing Director, Prime Brokerage,
Global Head of Prime SunGard.
Services, CS.
HOW DO YOU SEE THE PRIME BROKERAGE COULD PRIME BROKERAGE BE MORE EFFI-
MARKET IN THE US PERFORMING IN 2007? CIENT?
he time has come for prime brokerage and the hedge fund
Dubai,
Jersey, Ireland, the British Virgin Islands and Dubai. This
involved, among other things, the acquisition of Smith-
Hughes Raworth & McKenzie, the second largest law firm
in the British Virgin Islands, and a merger with the
Dubai,
Dublin-based law firm Binchys.
Tahir Jawed began working for Maples and Calder at
their Cayman Islands office in 2000 after practising at
Clifford Chance in London, New York and Dubai. He
earned his Bachelors degree from the University of Hull in
Do
1993 and went on to graduate from the College of Law in
Guildford (UK) with a diploma in legal practise.
2007 is an important year for Mr. Jawed as it marks the
tenth anniversary of Maples Finance, the firm's fiduciary
and administrative subsidiary, which has grown exponen-
tially in the last two years from 43 to 110 staff and from
zero to over US$16 billion under administration. New
offices have opened in Dublin and Hong Kong in the last
twelve months, adding to the existing presence in the
Cayman Islands, the British Virgin Islands and Jersey, and
the most recent office opening was on 8th February 2007.
The company was the first to obtain authorization from
the Dubai government to open an office in the region and
Mr. Jawed was personally responsible for establishing it. “It
was the growth in private equity and Islamic finance
which created enough potential to open an office in
Dubai,” Mr. Jawed explains. “Traditionally, clients in the
Middle East have utilised offshore holding companies and
trusts to manage their investments and personal wealth.
Both private equity funds and Islamic finance (particularly
sukuk transactions) require offshore elements which have
generated considerable work for offshore law firms…”
Driven by this tremendous growth, the potential for a
Dubai office became obvious in 2005 when the develop-
ment of the Dubai International Financial Centre provid-
ed a convenient central location. Mr. Jawed is now acting
as Managing Partner.
Particularly interested in Islamic finance, Mr. Jawed has
worked on the issuance of various sukuks (the Islamic
equivalent of a bond). During his time in the Maples and
Calder Cayman Islands office, he acted on the ADIB sukuk
(the first sukuk to be listed on the London Stock
Exchange), the Nakheel sukuk (the largest sukuk to date),
and various other sukuk programmes, including the Aabar
sukuk, the NICBM sukuk and the Sharjah Islamic Bank
sukuk. These, together with the many smaller transactions
he has worked on, demonstrate the growth of the market
and the potential for the future. “The economies of the
region are experiencing unprecedented growth at present,”
says Mr. Jawed, “and this has created opportunities in the
funds and sukuk markets. However, the Middle East is a
constantly growing and changing market and the chal-
lenge is to understand the market, understand those who
46 INVESTOR SERVICES JOURNAL
CEO PROFILE - MAPLES AND CALDER
operate in the market and our clients, and to evolve with should start to conform. The challenge is to understand
them.” the structures, the objectives of the various Shariah
Under Mr. Jawed's direction, Shariah compliant invest- schools and to be active in assisting the development of
ment funds have become an important part of Maples and the Islamic finance products which in time will become
Calders' work. They recently acted on the first US$1 bil- more complex and more distinct from traditional finance.”
lion and the first US$2 bilion Shariah compliant private Whilst the economies in the region grow, the potential
equity funds and are currently working on even larger business for law firms seems unlimited. Maples and Calder
funds. These funds initially focused on the booming prop- may be making use of various IT outsourcing systems
erty market, but as new markets appeared - in fields such alongside their own to drive the business forward, but in
as energy, infrastructure, healthcare and the media - funds the coming years it will take more than IT to navigate the
began to diversify. Whilst welcoming such vast opportuni- finer points of Islamic finance. Here the expertise of men
ty, Mr. Jawed is aware of the challenges involved in devel- such as Mr. Jawed will be vital to the development of the
oping financial structures within an Islamic context. Not industry. His name is certainly one to watch.
only does Shariah law contain numerous prohibitions,
some of which are set in stone whilst others are debated by
boards of scholars, two defining characteristics are the
avoidance of interest and the prohibition of risk-taking
2007 is an important year for
behaviours, processes that are integral to the workings of Mr. Jawed as it marks the
Western finance. For many traditional financiers, the
structures that arise from this environment are difficult to tenth anniversary of Maples
understand; the various interpretations of the law are
bewildering. “As the Islamic finance market in particular
Finance, whichh has grown
matures, financing structures will also develop,” says Mr. exponentially in the last two
Jawed. “There are various schools of opinion on Islamic
financing structures and as the market develops these years from 43 to 110 staff.
me to understand,” says Mr. Dahlgren. “It Allying with the giants Highlighting the desire of many tier 1
is four different banks who've said they An example of the second approach (that clients for a truly global strategy, executive
have no product on the Nordic level and of teaming up with a foreign player) can president of AP7 Peter Norman said of
don't purport to build one, and have said, be seen in the recent manoeuvrings of the selection: “We were very impressed by
'Lets try to put something together and Nordea and Svenska Handelsbank. The the joint offering that they presented. We
see what we can do without investing in result of a merger between four Nordic have a need for a robust global custody
ITC steps.' If you ask me it's an impossi- banks, Nordea was already well situated to solution to address the needs of the fund
ble thing to do.” serve the Nordic territories. It was their and are confident that their appointment
Bente Hoem of DnB NOR defends the alliance with the Bank of New York in gives us this.”
alliance, pointing out that it's a “good, August 2005, however, that ultimately The real question, however, is, who ben-
flexible solution for small- and medium-
sized players.” Besides, she argues, the
alliance was never intended to be an alter-
Nordic clients still prefer dealing with
native to the global custody product; it Nordic banks - but as the influence of
was marketed instead as a sub-custodial
and remote brokerage service for 'tier 2' their global countterparts increases, they're
clients. Whether the alliance can survive
long on sub-custodial pickings - or
being forced to devise strategies for
whether 'tier 2' clients will begin to follow developing Nordic-wide capabilitiees.
their 'tier 1' counterparts - is a question
only time can answer. “That could happen allowed them to clinch some major global efits most from an alliance such as this -
if we are not able to offer them a more up custody mandates. The success of the the global or the regional provider? Mr.
to date service,” says Bente Hoem, “and alliance was evident within three months Allan Nedergaard of Northern Trust
that's one of the reasons why DnB NOR of its existence when a joint Nordea/BNY argues that it is the regional provider who
have invested in a new system - to be able bid won global custodianship of the $7 has most to gain from the financial mus-
to serve them in a better way.” billion Swedish AP7 Pension Fund. cle of the custodial giant: “The fact that
NORDIC CUSTODY
even the largest bank in the region Going solo Gateway Service', a single point of access
[Nordea] felt it was necessary to enter Not all Nordic banks have felt it necessary to all the Nordic markets from a base in
into an alliance with the Bank of New to team up with a global or local player. Copenhagen. They also recently extended
York is a sign that they have concluded SEB and Danske Bank remain successful their Nordic reach by means of acquiring
they need to work with somebody in examples of independent local custody Sampo Bank in Finland. “Danske Bank's
order to provide a better product than providers. Mr. Noren explains: “We have concept, based on our centralised opera-
they otherwise would.” also, of course, during the years evaluated tional set-up with the Nordics CSDs and
On the other hand, there is the value of this potential route but we came to the centralbanks, is proving to be very
regional expertise to consider. Luckily, for conclusion that there is room for an inde- robust,” says Christel Leonhardt, Head of
the Nordic banks, the corporations with pendent global custodian in the region, Sales and Marketing.
the largest critical mass are also those with being local, working with local businesses The conclusion seems to be that the
the least experience; by leveraging local for global custody purposes.” Mr. Noren Nordic market is incredibly diverse. No
knowledge, regional providers can take places greater importance on SEB's physi- single model of success is in operation.
advantage of their competitors' weakness cal presence in the region and the benefits Changing market forces may be putting
in order to stay in play. So says Mr. of the “relationship capabilities” that arise pressure on the local player to adapt, but
Dahlgren: “Global custodians have a very from this. Esa Anderson of SEB Helsinki the negative prognosticating of many
good service offering in general, but they elaborates: “The custody business… is commentators has not yet come to pass:
haven't taken the whole market because it's not a simple business in any sense. There year after year the local player remains in
play. Thus far it is their ability to provide
Not all Nordic banks have felt it necessary to an excellent regional product that has
ensured local providers cannot be dis-
team up with a global or local player. missed. Whether they will be able to break
into the global arena is another story,
dependent on their ability to improve
important to have local expertise. Which is are always complicated things, and when their capabilities or form strategic part-
why they're seeking to team up with local discussing with the local players here it's nerships. “I think you should be open to
players - because they know clients want to much easier when things get more com- new ideas,” says Ms. Hoem, explaining
be serviced locally. Their business model, plicated to discuss with us in Finnish or that DnB NOR would not be averse to
besides, is not such: they are asset gather- in Swedish, the local languages. It's also such a partnership, even if they have ruled
ers, and a big pool of assets and a stan- true with all the Nordic banks, especially it out in the past. “So far we use local
dardized service offering doesn't fit very SEB, when dealing with global custody banks in 40 markets when we need to ful-
well with the idea of a local service.” business, the clients know us very well, fil global custody solutions… [But] we
Some banks have been quicker to adapt and they know they're important to us.” would probably look at a global custodian
to this principle than others. Northern In contrast, global custodians have been again - whether we should have an
Trust, for instance, were able to win a $17 slow to recognise the importance of the alliance with one of them is probably
billion mandate from the Swedish insur- “business relationship”. As Mr. Noren something we would look at, but whether
ance company Folksam by appointing the points out, only Citigroup have actually we would want to do it I'm not sure…”
Swedish Svenska Handelsbanken trustees. established a custody office in the Nordics As yet we can only speculate on things
The servicing of a mutual fund by a global (Stockholm) despite the rest having mar- to come. What is certain is that competi-
custodian was unprecedented in Swedish keted their services there since the 90s. tion will not get any easier and the
history and is surely a taste of things to “From a Finnish point of you,” says Mr. 'kaleidoscope' will continue to turn.
come as fund managers continue to look Anderson, “you must be located here.” Whether this means the market will tip in
for custodians who combine pan-Nordic Danske Bank, meanwhile, have been simi- favour of the local or the global player,
capabilities with regional expertise. larly successful with their 'Nordic only time will tell.
52 INVESTOR SERVICES JOURNAL
COMPANY PROFILE - BANK OF NEW YORK/MELLON
Reaching Capacity?
54 INVESTOR SERVICES JOURNAL
SECURITIES LENDING
process plus the SEC always get more regardless of whether it was profitable or the European Markets, MiFID is right
involved when the individual investor is not, I believe we are seeing that sort of around the corner, it is designed to open
at stake. Even though a big pension fund situation again.” up European Capital Markets, increase
for instance is ultimately lending securi- As an industry grows, risk will always price transparency and make cross board-
ties that are for the benefit of individuals, be a factor, but what is clear is that we er trades easier, particularly with the new
they are really not individual accounts, will see a lot of consolidation within the countries joining the EU and the growth
whereas a mutual fund company, it’s your industry. Allen Postlethwaite, CEO at of Hedge Funds.” Mr. Speight sees “the
money and my money therefore they pay SecFinex gives us first hand knowledge, obvious places are over the far east, India,
more attention.” “Recently we have agreed to sell 51% of China, the Philippines. You also have cen-
As what happens in most burgeoning the business to Euronext. One of the rea- tral and eastern Europe, such as Poland,
areas of finance, the industry itself has sons we’ve aligned ourselves with Russia and Hungary where I imagine
created its own first line of defence when Euronext is because they do have the there is a lot of scope.”
it comes to risk, that of third party ven- existing infrastructure that we can lever- Interestingly, Mr. Staunton from
dors. Brian Staunton, Managing Director, age with is to the benefit of the market.” Citigroup goes a little bit further in assess-
Securities Finance, Citi Global It makes economic sense to consolidate, ing new markets. “We developed Taiwan
Transaction Services explains, “Because of no matter your position in the industry. last year as a new lending market. In addi-
the fact that hedge funds are borrowing it For example some of the direct lenders tion to Taiwan we added Czech Republic,
does put a little more emphasis on how who lend their own portfolios will find it Hungary and Brazil. It was a focus to us
you measure and manage risk. I think the
tools that we have enable us to manage It would be easy to make the assumption that
risk are a lot more sophisticated than
there were, say, five years ago. There are a the securities lending market has become riskier
few third party vendors now, most
notably for the security finance business,
if we feel the need for third party vendors to
for example Risk Explorer, owned by
Data Explorers, who offer a product that
make lending safer.
can fit in with your own systems. Five increasingly difficult to keep up to date last year in regards to new market,
years ago that wasn’t available, you had to and compliant. Mr. Staunton explains, because if those traditional markets are
build your own system from scratch.” “They will struggle not only in the becoming more liquid, and there is more
Companies saw niche markets in cutting increase in transactions and volume, but I availability in the market and the spread
risk in securities lending and jumped also think they will struggle to come to in coming down then you really have to
right in. It would be easy to make the terms with the amount of investment that look at some of the new markets to help
assumption that the securities lending is needed to stay in the business and to get them on board so the rates you can
market has become riskier if we feel the stay efficient. The cost of staying in busi- get in that market and the first to the
need for third party vendors to make ness is one side of the equation, but the market are quite high. Regarding the main
lending safer. This may not be the case margins that we earn in the business are markets for 2007, from what we are hear-
regarding the assumption of risk as Mike decreasing. So you are earning less on the ing from our brokers, Israel, India, Turkey,
Speight, consultant, at Rule Financial securities that you have out, but you need Poland and Russia. That was a snapshot at
states, “This is not something you can more volume to generate the same the time of speaking. I was reading in a
prove definitively either way, but I sense amount of volume.” hedge fund magazine that Mongolia was
that we are seeing a relaxation of risk. Regarding the future, no matter the size riding high on the back of economic
This is to do with the market cycle, we or scope of your company, you will be developments and their copper mining.”
are very much in an up cycle at the focusing on the up and coming securities Whilst all eyes are focused on China for
moment, and hedge funds are really back lending markets. Whilst there is almost 2007, I think I shall give my man out in
with a vengeance. Back in the late 90s, unanimous agreement that China and the Ulan Bator the heads up.
hedge funds were seen as prestigious far east will be the emergent markets in
counterparties and investment banks 2007, it seems that everyone has their
would bend over backwards to get their own favourite regarding the surprise mar-
business. There was a certain pressure ket in the new year.
back then to trade with hedge funds, Mr. Traquair sees “China as the big one
for this year, so much so that the interna-
tional conference of securities lending is
An obvious way to being held in China for the first time this
decrease the amount year. Other new and pushing places are
Brazil, and places like Russia are a still a
of risk in an industry is bit further off.”
Mr. Postlethwaite agrees with the Asian
to increase the amount analysis: “Any emerging market is going
of regulation and to present opportunity, we’ve been asked
recently by some of our clients to look at
transparency. the Asian markets, but don’t forget about
“Acquaintance, noun: A person whom we know well enough to borrow from, but not
well enough to lend to..” Ambrose Bierce (1842-1914), The Devil's Dictionary
Utilisaton of All Securities (%) Total Return to Lendable Assets (Bp) & SL Fee (Bp)
Comparing the data at the beginning and the end of the The seasonal Securities Lending Fee peaked in May 06,
year, utilisation has only increased by a small margin reaching just over 60 base points. However, like
(c. 0.25%), however in May 06 utilisation reached 3% Utilisation, the difference between the year beginning
higher than the start of the year. Will we see a similar and end is minimal, with a slight fall overall. Total
fluctuation this year? Return to Lendable Assets stayed constant.
STPlease
conscious of the need for a securities transac-
tion moving from the front office to the back-
office without resorting to any manual inter-
vention. And this is STP,” he notes.
While the earlier focus on STP was driven by
the T+1 initiative and the need to reduce set-
tlement times, a key driver now is regulation.
Firms are realizing that not only does straight
through processing help improve efficiencies
and reduce costs, but it allows firms to meet
mandatory compliance requirements by Despite the enormous benefits offered by findings. Several large players are spending
enabling better risk management and reduc- straight through processing, a recent report shy, he says. One of the reasons for that is
ing overall operational risk. STP also creates by analyst firm, Celent on current levels of the high level of mergers and acquisitions.
transparency by enabling better audit trails, automation in Europe in the post-trade “Some firms have gone through major
improves client reporting and helps firms processing arena, concluded that European mergers and acquisitions. They are trying to
adhere to customer protection norms. banks and asset management firms are not merge their systems and therefore they have
allocating sufficient time and attention to not really invested on STP.” However, he
Barriers to STP Implementation by instrument: back and middle office STP initiatives. The notes that some of the firms that have
Asset Management Firms report also states that while STP is invested in STP by creating a seamless glob-
embraced as a concept, actual practice al platform for order management, trade
shows a lack of commitment. Banks across processing and settlement, have achieved six
Europe are still quite siloed, and STP proj- fold savings.
ects fail to fully rationalize back office sys- Mr. Bright of Financial Tradeware too
tems across product categories. agrees that the level of investment on STP in
Additionally, upstream systems are not the middle and back office is not adequate.
adequately capturing transaction detail, and “The investment made in the front office is
this is creating hazards for downstream pro- much higher than in the back office, since
cessing. Surprisingly, only relatively small the front office is the revenue centre while
budgets are allocated to improving back and the back office is viewed as a cost centre. “
middle office processes as opposed to the James Hockley, Principal of the operations
front office, leading to underinvestment. practice at Investit, the investment manage-
And while the problems differ by country, ment consultancy, believes however that
Barriers to STP Implementation by instrument: the report states that all geographies are firms are not spending shy in the STP space.
Banks having difficulty with STP initiatives. “For some years now, asset managers have
Although only firms in Europe were inter- been investing in STP – both internal as well
viewed for the report, says David Easthope, as external.” In traditional core assets, equi-
senior analyst at Celent and one of the ties and bonds, the STP rates are peaking, he
authors of the report, he believes that the says, pointing out that the problem area is
findings are relevant to other regions as the derivatives space. Paul Stevens of UK
well. based consulting firm, Catalyst, who is the
Interestingly, views within the industry are former CIO of Barclays Capital concurs. In
extremely divided about the attention being equity and bog standard bonds, he says, STP
received by STP initiatives within financial has been achieved and the problem area
institutions. Kevin Rideout, global head of now is the alternative funds space. On the
relationship management agrees with the whole he believes a significant chunk of
58 INVESTOR SERVICES JOURNAL
TECHNOLOGY & STP
asset managers’ IT budgets are dedicated to terms and conditions, but unfortunately, Mellon deals, outsourcing is expected to be
the back office. there is a new derivative designed everyday the way ahead for the asset management
So how does one reconcile these vastly dif- that lies outside these standardization world. A key question however, is whether
fering opinions on the level of STP invest- parameters.” Omgeo’s Rideout agrees with these outsourcing deals provide STP bene-
ment in the middle and back office? Hockley that new products coming out fits to the concerned asset manager.
Easthope says that difference lies in the makes standardization difficult for deriva- Hockley of Investit says that achieving
frame of reference. The level of STP differs tives, but he says that the industry needs to back office STP depends on the model
by instrument type, nature of financial continually look at standardizing high vol- adopted by the custodian banks. “Asset
institution and even the size of financial ume products that are already well estab- managers will be able to experience better
institution. So the Celent survey results look lished. “If you look at equities 10 years ago, automation levels only when they move to a
very different once the analysis becomes the industry was debating about how to new technology platform. However, that is
more granular and are collated according to remove paper. Now in the world of credit not the case in many cases, “he says. Out of
institution type. Banks, which constituted derivatives, and interest rate swaps, solu- the around 35 ‘live’ middle/back-office out-
61 percent of survey respondents, reported tions are being made available to help these sourcing deals in the market, Hockley says,
manual processing and inefficiencies across instruments leapfrog and achieve standard- nearly half are still operating on their legacy
all instrument types. Conversely, asset man- ization. We need to keep up the efforts for systems. STP benefits will accrue to those
agement firms, which constituted 21 per- any new instrument.” firms, that have moved to a new platform, as
cent of survey respondents, were unified in Although derivatives is increasingly the in the case of Martin Currie which has
identifying derivatives confirmations and key focus area among financial institutions moved to BNP Paribas’ Hi Portfolio tech-
matching as primarily being the main pain
point.
Banks have vastly different priorities than
Banks have vastly different priorities than
asset managers, which reflects in the signifi-
cant difference in STP levels between banks
asset managers, which reflects in the
and asset managers, says Easthope. The significant diffference in STP levels.
Celent report states that for banks, opera-
tional cost was cited as the key reason for looking for higher returns, Rideout cautions nology platform, he asserts.
engaging in STP projects, likely due to high- that STP efforts cannot be ignored for the “Benefiting from large volumes and
er STP levels leading to less manual process- traditional instruments. “We cannot take economies of scale, custodian banks no
ing and thus lower operational costs. Asset our eye off traditional plain vanilla instru- doubt have the opportunity to streamline
management firms on the other hand, more ments. Third party administrators for systems, implement a modern technology
overwhelmingly cited operational risk, pos- instance, still get dirty data from asset man- platform and pass on straight through pro-
sibly due to the higher likelihood of failed agers. Nearly 20 percent of the data between cessing benefits to their client organizations.
procedures to lead to financial perform- asset managers and broker dealers is un- But not many have done so yet,” states
ance, reputation, and job loss because asset matched and un-checked,” he says. Hockley.
management firms are smaller than most Rideout adds that large European players As efforts to automate and reduce opera-
European banks. have achieved nearly 100 percent STP in tional risk increase, outsourcing trend is
Another difference was the failure of equities, but among tier2 firms, he says, moving from 100 percent lift-out to compo-
banks to automate in the fixed income equities STP is still not completely a reality. nentized outsourcing. Stevens of Catalyst
arena while asset management firms experi- There continues to be a vast difference says that some firms are using two specialist
ence more difficulties in cash (reconcilia- between levels of STP focus between the outsourcing providers, one to process cash
tion and payments). Notably, Easthope large and small firms, agrees Bright of instruments while another to process deriv-
points out, universal themes such as rela- Financial Tradeware, which provides inte- atives. Not surprisingly, this trend is being
tively high STP in equities and low STP in grated solutions for medium to small sized fuelled by the increasing use of derivatives
derivatives are consistent to both types of Investment Management firms, Fund among asset managers, since derivatives
market participants. Managers and Hedge Funds, covering the management requires high-end specialist
Not surprisingly, the highest percentage of full trade life cycle. “In mid-tier and small expertise not easily available in the market.
respondents cite derivatives STP efforts as investment management firms, phones and Stevens says that the trend is also being driv-
the top priority for 2007. Results of faxes are still used for processes like bro- en by the increase of back-office outsourc-
Investit’s IT value survey among asset man- ker/dealer confirmations. But awareness is ing among hedge fund managers. “With
agers corroborate these findings. Hockley growing and with the availability of cost increasing regulatory focus and client
says that by far, the biggest area of discre- effective tools, we expect to see more STP scrutiny, hedge funds are realizing that they
tionary spend is derivatives. A lot of work is initiatives,” he says. need to adopt a more strategic and robust
being done in improving derivatives pro- Among asset management firms, trade STP approach, and outsourcing is the obvi-
cessing, but that is not sufficient. According processing and settlement are often regard- ous route to achieve the same.”
to a director of a large European bank active ed as non-core activities as against the core Commenting on the buy-side communi-
in OTC derivatives, who was interviewed as activities of making investment decisions ty’s focus on STP, Stevens says, “I think peo-
part of the Celent survey, there appears to and servicing clients. Many large firms like ple have been talking about STP and
be an absence of good front end tools for ING Investment Management and Standard outsourcing for a long time and it is being
buy side firms to automate the post-trade Life have therefore in recent years, out- taken very seriously. Larger and the more
processing, which lead to major problems in sourced their non-core functions to large sophisticated portfolio managers have
back and middle office processing. custodian banks. Despite a few high profile achieved a high level of STP. But the STP
Hockley says, “Increasingly there is stan- outsourcing failures such as in the case of JP challenge now lies in alternative asset
dardization of formats, structured data Morgan-Schroeders and F&C Investments- classes, not cash instruments.”
Completing the Puzzle Network has pointed out that “some sig-
nificant initiative” at a “European level” is
necessary if most shareholders are “ever to
have the opportunity of making their voic-
es heard upon issues of great concern to
managers, custodians and registrars. The Securities Operations Director at RBC replacing ‘share-blocking’ with ‘record
automation of votes, meanwhile, has facili- Dexia, explains: “Proxy-voting is certainly dates’ and obliging member states to
tated speedy execution. In the UK, the an important step in improving share- remove impediments to electronic voting
CRESTCo electronic proxy-voting service holder rights, but in itself has not actually from their laws, the directive aims to cre-
has enabled all FTSE100-listed companies improved the rights of the shareholder. ate a smooth framework for cross-border
and more than half the FTSE250 to broad- There are many aspects of voting cross voting, whilst encouraging transparency
cast meeting events and offer an automat- border that inhibit the true ability to vote. through a “minimum set of standards for
ed voting system to their shareholders. It is the harmonization of process and announcement, distribution and basic
What with Institutional Shareholder simplification of local market processes processes.” The directive has, however,
Services’ introducing a highly innovative that will truly be an aid to improving the come in for criticism, not least from the
system last year and the SWIFT messaging rights of shareholders.” In some EU mem- London Stock Exchange, who disagree
service constantly developing new prod- ber states, for instance, laws preventing in with the imposition of a mandatory 30-
ucts, progress looks set to continue. Edwin absentia voting are still in place, whilst day notice period for Extraordinary
de Pauw, Business Model and elsewhere archaic ‘share-blocking’ is in General Meetings and are quick to point
Harmonization Director at Euroclear, practice, which means that shareholders out that “a careful balance needs to be
describes the importance of these develop- who want to vote must surrender, for a struck between ensuring shareholders are
ments: “The introduction of more effec- fixed period, their right to sell their shares. able to exercise their rights and imposing
tive proxy-voting services has certainly The processing and announcement of costs on companies.” Whether the directive
bolstered shareholder rights. For the UK
and Ireland, we have seen increased levels
of meeting participation since the intro-
The UK is more advanced than much of Europe,
duction of electronic proxy-voting in helped by a recent change in company law and
CRESTCo… It makes the voting process
more efficient as it facilitates significantly by the gro
owth of online proxy-voting agencies.
less turnaround time for communication
between the issuer and its investors, and meeting events also differs widely accord- will be successful in replacing ‘share-block-
vice versa. This enables investors to benefit ing to local and market-specific regula- ing’ is also uncertain. As Mr. de Pauw
from a larger window of opportunity to tions, with the result that in some cases points out, “it will not provide the
participate in the meeting event… Given shareholders do not have the time to regulatory framework that would enforce
that shareholder participation is an essen- research and vote accordingly. Another the use of such a record date and impose
tial prerequisite for effective corporate problem is the widespread inefficiency of the right order of key dates. In the event
governance, electronic voting is a key paper-based voting. In 2003 the European where the record date is not set before the
enabler.” The UK, in general, is more financial industry was shocked by actual date of the meeting, the need to
advanced than much of Europe, helped in Unilever’s announcement that ten of its block entitled positions will remain for
part by a recent change in company law major shareholders’ votes had been lost obvious operational reasons.”
and by the early growth of online proxy- prior to its annual general meeting. Simon Criticisms aside, the directive will
voting agencies such as Manifest. Hughes, Director of Sales and Marketing undoubtedly provide further impetus for
Established in 1995, Manifest’s name alone at ADP, explains: “Paper based processes an already dynamic proxy-voting solutions
(meaning “caught in the act” in Latin) have undoubtedly been an issue in the past market – an impetus which market forces
would seem to suggest a core belief in the and the introduction of electronic voting are unable to supply due to the restrictions
undependability of corporate actions, but definitely helps both with the efficiency of enshrined in regional law. If market forces
they are quick to point out that they are the process, but perhaps more important- are like water, pooling wherever they can,
not regulators or lobbyists (although ly, through the facilitation of greater trans- it is the responsibility of governmental
Britain’s Observer newspaper did once parency and ‘auditability’ of the process. bodies to authorise the removal of any
describe co-founder Sarah Wilson as a Unfortunately, many markets are yet to obstacles to their flow. Whereas some
“pugnacious shareholder activist” with fully adopt an end-to-end electronic solu- organisations (the British Bankers’
“trenchant views on corporate governance tion…” Association etc) are quick to dismiss the
issues”). Instead, they have developed a For some, this is proof that Europe is in interference of governmental bodies, the
comprehensive database of the policies need of regulation. “To achieve similar proxy-voting agencies will welcome the
and resolutions of every UK company so results [to the UK and Ireland],” says Mr. measures as liberalising changes. By
that shareholders can compare them to de Pauw, “the various legal frameworks in removing the barriers to proxy-voting – in
industry averages. Once this information the European member states require fur- both a cross-border and an electronic
is absorbed, Manifest provides efficient ther harmonization.” The Giovannini sense – the directive is ushering in a new
proxy-voting solutions. The situation may Group supports these findings, pointing age of European integration, in keeping
not rival the dream of corporate democra- out that the expensive, localised nature of with the recent plans for Target2
cy first envisaged by Manifest’s founders, many EU members’ voting processes is a Securities in the clearing and settlement
but it is undoubtedly better than no share- barrier to efficient cross-border opera- industry. Not only is this exciting news
holder voting at all. tions. The European Commission for providers of proxy-voting solutions, it
Despite these improvements, problems responded with a set of proposed regula- is equally exciting for European
do exist – Europe-wide – that only regula- tions known as the ‘Directive on the exer- shareholders, who are finally being given
tion will rectify. Simon Coleman, cise of voting rights by shareholders’. By the tools to exercise their rights.
Interactive
Christmas dinner this year for nine peo-
ple – I find her inspiring!
Where do you see yourself in five years
time?
Who knows? My primary focus is today
L u x e m b o u r g - Yo u r B r i d g e t o E u r o p e
Association Luxembourgeoise des Fonds d’Investissement - Association of the Luxembourg Fund Industry
MANDATES
NORTHERN TRUST and the GUARDIANS OF NEW ZEALAND SUPERANNUATION have entered into exclusive negotia-
tions for the Guardians to award Northern Trust the mandate to act as custodian for the NZ$11.5 billion (approximate-
ly US$8 billion) New Zealand Superannuation Fund (“NZSF”). “The review process was comprehensive and competi-
tive,” says David May, Chairman of the Board of the Guardians of New Zealand Superannuation. “Our key aims were to
re-examine the best available custody services in the light of the Fund's planned growth and development.”
STATE STREET CORPORATION has been appointed by PUTNAM INVESTMENTS and THE PUTNAM FUNDS to provide
servicing for $169 billion in assets. State Street will provide custody, fund accounting, and investment manager opera-
tions outsourcing services in support of more than 450 retail, institutional, trust and offshore portfolios as Putnam con-
solidates its investment service providers. As a result of this mandate, approximately 250 Putnam employees joined
State Street last month.
STATE STREET CORPORATION announced that it has been reappointed to provide an integrated range of investment
services to the US$2.4 billion SUFFOLK COUNTY COUNCIL PENSION FUND. In addition to its current services, State
Street will now provide the fund with securities lending. Suffolk County Council has been a State Street customer since
September 2000 and will continue to be supported from State Street's service centre in London. State Street will pro-
vide global custody and investment accounting services and WM Performance Services, the European performance meas-
urement division of State Street, will provide performance measurement services to the fund.
The EAST RIDING OF YORKSHIRE COUNCIL has appointed NORTHERN TRUST to provide custody services for its £2bn
(US$4bn) pension fund. The scheme conducted a rigorous review of various providers prior to selecting Northern Trust.
"We spoke to a number of local government schemes as part of the tender process," says Paul Barnett of East Riding of
Yorkshire Council. "We selected Northern Trust as they best met our overall requirements and demonstrated a particu-
larly high regard for client service."
The BANK OF NEW YORK has been appointed by BANK OF TOKYO-MITSUBISHI UFJ (Luxembourg) S.A. to custodize
$3.4 billion of its assets in the UK market. Hiroaki Harada, managing director at Bank of Tokyo-Mitsubishi UFJ
(Luxembourg) S.A., said, "We appointed The Bank of New York because of its personalized approach. We were especial-
ly keen on its proven service model and impressive custody and clearing capabilities. We look forward to developing our
relationship with the Bank and believe the team will provide us with an excellent service that meets our current and
future needs."
The £3.6 billion LONDON PENSIONS FUND AUTHORITY (LPFA) has re-appointed JPMORGAN as its global custodian.
JPMorgan has provided custody services for LPFA since 1991 and also provides accounting, performance measurement
and securities lending services. "JPMorgan has been our long-standing trusted provider of custody and related securities
services, and we are happy to extend our relationship with them," said Mike Taylor, Chief Executive at LPFA. "We have
found that JPMorgan offers a high quality level of service and good value."
ABN AMRO MELLON has been appointed by WILTSHIRE COUNTY COUNCIL to provide global custody, investment
accounting (SORP), securities lending and performance measurement services for assets valued at £1.1 billion. Wiltshire
County Council acts as the administrating authority for the Wiltshire Pension Fund (WPF), a defined benefit scheme with
18,500 active members and administered on behalf of more than 50 employers.
column before going freelance in January Board said: “Lázaro's 20 years of service
1993. He remains a regular contributor to at SWIFT and his market expertise will
&
tive franchise.”
groups for which he has completed writ-
ing, editing and coaching assignments. Melbourne - Credit Suisse announced it
has appointed Mark Pierce as a Director
New York - The financial services technology industry. kets,” said Grant Kvalheim, Co-
Depository Trust President, Barclays Capital, commenting
& Clearing London - Henderson Global Investors, on the appointment. Mr. Barrett was for-
Corporation the independent asset manager, has merly employed as Managing Director,
(DTCC) strengthened its institutional business Head of Analysis and Portfolio Principal
announced the with the appointment of Jennifer Cawley of Oaktree Capital Management's
appointment of as Director of Institutional Business Opportunities Funds, one of the largest
Michael Bodson, a focusing on fixed income clients and and most successful global distressed
20-plus year Nina Bhatt as Associate Director of debt/special situations platforms.
industry veteran, Institutional Business within the consult-
to a newly created ant relations team. Jennifer has over 12 New York - William E. Smith has joined
position of years experience in asset management, JPMorgan Worldwide Securities Services
Executive Michael Bodson seven of which were in fixed income fund as a managing director to head Western
Managing Director manager roles. Nina has six years experi- Hemisphere new business development
for Business Management and Strategy, ence in asset management, sales and mar- for JPMorgan's Securities Lending and
effective March 1. He will report directly keting roles. She joins from Northern Execution Products unit. Smith will be
to DTCC President and CEO Donald F. Trust Global Investments. Commenting based in New York and report to Paul
Donahue and will be responsible for con- on these appointments, Arno Kitts, Head Wilson, recently appointed Global Client
solidating the product management of all of European Institutional Business said, & Sales Executive of JPMorgan's
DTCC business lines, strategic planning, "The provision of superior client service Securities Lending and Execution
relationship management and marketing plays a vital role in the growth and devel- Products business.
under one umbrella. opment of our institutional business.
Both Jennifer and Nina bring consider- California - Mathon Systems, a
London - Tom able knowledge of the investment man- provider of information risk manage-
Abraham will agement process, and expertise in client ment solutions, has announced that Sir
join DST service. I am pleased to welcome them on Peter Job has joined its advisory board.
International board and look forward to their contri- Sir Job joins Francis Remacle, former
(DSTi) as chief bution to the institutional business team." Head of the Securities Industry
executive officer Division at SWIFT, as part of a select
(CEO) in spring London - Gerry Brady will be joining group of internationally-renowned per-
2007. Abraham's Northern Trust as Managing Director of sonalities within the financial services
30 years of expe- its international fund administration and high-technology industries to pro-
rience within the operations in Dublin. Vic Holmes, who vide technical advice and strategic
investment man- has been Managing Director in Dublin, guidance to Mathon Systems. Sir Peter
agement indus- relocates to Guernsey in the role of Chief formerly served as Chief Executive
Tom Abraham try include senior- Executive of Northern Trust's Channel Officer at Reuters Group from
level positions Island businesses and Managing Director 1991until his retirement in July 2001.
with Citigroup, Deutsche Bank and of Northern Trust International Fund
Accenture. Most recently, he directed the Administration Services (Guernsey) Ltd. New York - Citigroup announced that
strategic solutions/global transaction Wilson Leech, head of Northern Trust's Sallie L. Krawcheck, Citigroup's Chief
services division at Citibank Corporate Global Fund Services business, said, Financial Officer and Head of Strategy,
and Investment Bank in London. “Tom “Gerry is joining an expanding operation has been promoted to Chairman and
Abraham brings a unique set of interna- in Ireland and both he and Vic will have Chief Executive Officer of the company's
tional investment management experi- the important role of managing the Global Wealth Management division,
ence to an already strong management growth of our Dublin and Channel comprising the Citigroup Private Bank,
team,” said Tom McDonnell, president Islands businesses.” Smith Barney and Citigroup Investment
and CEO of DST Systems, Inc., DSTi's Research. The appointment is effective
U.S.-based parent company. New York - Matt Barrett has been upon the identification and arrival of her
appointed successor in her current role.
New York - GoldenSource Corporation, a Managing Director
global software provider of Enterprise and Head of Frankfurt - BNP Paribas Securities
Data Management (EDM) solutions for Distressed Debt Services has announced the appointment
financial and securities institutions and Special of Renate Hartmann to its Global
worldwide, has announced the appoint- Situations Custody Sales Team in Frankfurt. Ms
ment of Greg Stockett as Chief Financial Investing at Renate joined BNP Paribas at the begin-
Officer (CFO). Based in the New York Barclays Capital. ning of this year as a sales manager for
office, Stockett will report directly to the “Matt Barrett is a Institutional Investors, focusing on
President & CEO as well as the Board of leader who brings Pension Funds and Insurance
Directors. Stockett brings to unrivalled experi- Companies. Previously, Ms Renate
GoldenSource more than 17 years' of ence in the dis- worked at Deutsche Bank for six years.
financial control experience within the tressed debt mar- Vic Holmes
Letters (continued from page 4) had grown into it, it was worn out. leading up to its collapse last September, it is
Hedge funds should not rely solely on their estimated that a single trader was borrowing
Good Advice for advisors but take control from day one, around eight times the total capital of the
Hedge Funds invest in systems (and actions) that work firm to finance his positions as they spiralled
now and for the immediate future. out of control. Two big investment banks
Dear Sir “Growing into it” will not work; it will be a took a hit because they weren’t holding
Hedge Fund start ups have a plethora of drain on resources such as finances, time and enough margin.
experts lining up to offer expensive advice. energy, all of which are precious commodi- So, how can the banks protect themselves?
Lawyers, accountants, administrators all ties best directed to healthy growth activity. They can’t of course; not completely, not if
have their own methodologies for extracting Graham Bright, they want the returns. What they can do,
fees for their time. Managing Director, though, is really focus on the margin they
There are plenty of vendors, too, as Tiffany Financial Tradeware should charge. They should ask not only “is
Kemp points out (ISJ Vol 4 No 19) – each this low enough to keep the customer
with their innovative methods of taking Hedge funds, leverage happy?” but also “is this high enough to mit-
payments, including giving systems away and margin igate the risk?”
and charging extortionate fees for imple- Mike Speight,
mentation. Most of these larger systems will Dear Sir consultant, securities finance,
provide efficiencies once the firm/fund is Cast your mind back a few years to 1998. Rule Financial.
well established with its array of profession- The Russians defaulted on one or two debt
als to run its concerns. In the meantime, obligations and chaos reigned in the mar- The Cost of Derivatives
more financially challenged smaller firms kets. A hedge fund called LTCM, one of the Dear Sir
can easily fall prey to the law of the jungle: largest and most successful funds of its type The processing of credit derivatives has
hogged the headlines over the last few years.
Cast your mind back a few years to 1998. The Less attention has been given to the area of
equity derivatives trade processing where
Russians defaulted on one or two debt volumes are rising at a similar rate.
While derivatives still tend to be the pre-
obligations and
d chaos reigned in the markets. serve of institutional investors and hedge
funds, retail investor volume is on the
only the strong survive. (a fund with a couple of Nobel Prize win- increase. High net worth investors are
New businesses need the mentors of the ning economists among its founders) could- becoming increasingly sophisticated in their
prime brokers and administrators, but they n’t withstand the shock and went bankrupt. understanding of complex products and as
also need tools to be independent, manage It turned out that it wasn’t “hedged” at all. such are increasing their exposure to prod-
their own destiny and emulate the lifestyle of The event put the spotlight on these enti- ucts such as credit and equity derivatives.
their elder relatives. ties called hedge funds and their enormous Additionally, in the UK, regulatory changes,
The solution seems to be, like raising our leverage; leverage they enjoyed by way of the such as SIPPS (self invested pension plans)
children, teach them to walk before encour- investment banks who courted their custom have contributed to the rise in derivative
aging them to run. so assiduously with securities finance servic- volumes. Individuals now have a far wider
- Invest smaller amounts in ‘fit for pur- es (repo and prime brokerage and the like). choice of products to put in their pensions
pose’ less complicated systems The banks weren’t hedged either. Their and are selecting complex equity derivative
- Realise the value and pay the price of problem wasn’t an exposure to Russian products such as Contracts for Differences.
the systems without negotiating all the bonds, it was their exposure to hedge funds As volumes rise, the focus on operational
profit away for everyone concerned. This like LTCM, who’d been trading in Russian efficiency is increasing. Omgeo statistics
way you can expect more interest and bonds as if they were risk free. If the Federal back-up this trend. Since Omgeo started
support from vendors and professional Reserve hadn’t stepped in with the bail out offering CFD processing three months ago,
services acting in partnership. … who knows? volumes have gone from zero to 30,000
- Start ups will have a limited budget, so What happened back then was that the trades per month. And it seems that this is
salaries and capital investment need to be hedge funds forgot about the risk of holding paying off, industry research shows that the
realistic. high yield assets, and the banks who serviced cost of processing equity derivatives is
- Salaries in the financial markets are them forgot about the risk of lending to decreasing. However, we are only at the start
never inconsequential. Software may hedge funds. Getting their business was of this process and there is still a way to go.
perform certain tasks or supply rules that what mattered most. The comparative cost of processing a vanilla
will enable additional work to be per- Does this sound familiar? It should do equity trade, - $4 - versus an equity deriva-
formed at an administrative level (rather because we have the same climate develop- tives trade - over $100 - shows that signifi-
than employ an expensive specialist). ing today. Hedge funds are back with a cant progress needs to be made before the
- Finally, we return to childhood again. vengeance and the banks are once more industry has cause for any celebration.
Who has never heard, “Don’t worry if it’s falling over themselves to win their man- Kevin Rideout,
too big, he’ll grow into it”? It never dates. Leverage is going up and margins are Global Head of Relationship Management,
seemed to matter that by the time you going down. At Amaranth, in the weeks Omgeo
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W: www.zyen.com iii. Operational performance of client (buy-side) ratings.
The CACEIS Group is a partnership between the Investor Services business lines
T: +33 1 57 78 10 78
of Crédit Agricole S.A. and Groupe Caisse d'Epargne. We rank among the top 10
custodians worldwide, with EUR 1,697 billion in assets under custody C: (France)
(30/6/2006). CACEIS provides a full range of services to institutional clients in Patrick Lemuet
France, Luxembourg, Spain and Ireland. These services include, global and local E: france@caceis.com
custody (safekeeping of listed and OTC assets) depositary/trustee services, T: +352 4767 2567
STP transactions (SWIFT), corporate actions and income collection, proxy voting, C: (International)
tax services, compliance and performance monitoring, flexible online reporting, José-Benamin Longrée
securities lending, matching, processing and settlement. We also have links to E: international@caceis.com
200+ UCITS registrars. Our network of sub-custodians provides a secure
W: www.caceis.com
environment for your assets in over 70 markets worldwide.
www.dbs.com
DBS offers a full range of custodial services including securities safekeeping, settlement +65 6878-1830
of trades, corporate actions and market information updates. These services are
available in Singapore, Hong Kong, Indonesia, India, China (A-shares) and other select- +65 6878-4766
ed markets. DBS also offers short-term, highly liquid overnight facilities for its clients' Ms Low Swee Fun
accounts to earn daily interest on any excess funds. investorsvs@dbs.com
DBS Bank Ltd,
With over 20 years of experience in the custody business, DBS' strengths lie in its ability Global Transaction Services,
to provide quality services, in depth knowledge and expertise of the Asian markets, as Securities Services,
well as customized business solutions to support clients’ businesses. Its clientele 6 Shenton Way, #36-02,
comprises the global custodians, international central securities depositories, broker- DBS Building Tower 1
dealers, financial institutions, insurance companies, investment managers, private banks
and corporate. 068809 Singapore
DnB NOR is the largest and leading provider of Custody, Clearing and
T: +47 22 94 92 95
Remote Member Service in Norway In addition, DnB NOR provides a wide
F: +47 22 48 28 46
range of value added services to both Foreign and Domestic clients.
Contact: Bente I. Hoem
Through an Alliance solution with banks in Sweden, Finland and Denmark,
E: bente.hoem@dnbnor.no
DnB NOR can offer seamless regional products, which can be customized to
our client's needs.
W: www.dnbnor.com
Handelsbanken was the first Nordic bank to provide complete custody services in the T: +46 8 701 2988
entire Nordic region. We conduct in-house processing in each Nordic country, with F: +46 8 701 2990
well-experienced staff with in-depth market knowledge and access to market Contact: Johan Wennerberg
information. Each client is allocated an account manager fully responsible for the E: custodyservices@handels-
day-to-day activities, as well as a regional relationship manager. Handelsbanken banken.se
provides specialised and tailor-made custody services including complete corporate Address: Blasieholmstorg 12,
action services, securities borrowing and lending for all Nordic countries, as well as SE-106 70 Stockholm, Sweden
settlement and clearing services to clients that are remote members of the Nordic www.handelsbanken.com/nordic_
stock exchanges. _custody_services
Santander is Spain’s leading financial institution and the largest bank in the euro zone
by market capitalization. Our commitment and contribution to the securities industry is
T: Europe: (34) 91 2893932 / 28 well established after more than a century of providing services in this field.
T: USA: (1212) 350 39 02
W: santanderglobal.com Santander’s cutting edge technology enables it to offer a comprehensive array of inno-
E: globalsecurities@ vative services in a broad range of markets. Santander currently has full local capabili-
gruposantander.com
ties in Iberian and Latin American markets along with a franchised presence in many
others. Santander`s experience and product range ensures that every aspect of the
securities business is fully contemplated.
SEB is the leading provider of securities services in the Nordic and Baltic area. We
are committed to custody and clearing processes for the wholesale market. We hold
securities worth over EUR 460 bn and provide services in more that 70 markets, 9
T: +46 8 763 5770 of them under the SEB name (Sweden, Norway, Finland, Denmark, Luxembourg,
F: +46 8 763 6930 Germany, Estonia, Latvia and Lithuania).
We offer a full range of securities services including corporate action and
Contact: Goran Fors
information services, securities lending and services to remote members of the
E: goran.fors@seb.se Nordic and Baltic stock exchanges. We continuously develop new products in
W: www.seb.se connection with clients and partners to ensure we deliver the high-quality
products our clients demand. We always strive to make the processes more
efficient. With a history of 150 years in the securities industry; we know the market
and our clients well.
Standard Chartered leading the way in Asia, Africa and the Middle East.
Standard Chartered has a history of over 150 years in banking and is in many of the
world's fastest-growing markets with an extensive global network of over 1,200
C: Neil Daswani, branches (including subsidiaries, associates and joint ventures) in over 50 countries
Global Head, Securities Services in the Asia Pacific Region, South Asia, the Middle East, Africa, the United Kingdom
T: +65 6517 0022 and the Americas.
E: Neil.Daswani@sg.standard-
chartered.com As one of Asia's leading custodians, Standard Chartered has an impressive track
record across the 16 Asian markets in which it provides securities services. It serves
W: www.standardchartered.com
global, regional and local custodians and broker-dealers, as well as local and regional
fund managers. The Bank plays a key role in promoting the development of these
markets and keeping the international investor community informed of industry
developments across the region.
Unicredit Markets & Investment Banking (MIB) serves as UniCredit Group's global
product and competence center for global financial markets and investment banking
services, including Custody throughout Central and Eastern Europe, including Austria.
T: +43 50505-58510
Brand diversitiy under which the group operates (Bank Austria Creditanstalt, HVB,
Bank BPH, Bank Pekao, Zagrebacka Banka and International Moscow Bank), has its F: +43 50505-58579
roots in local market presence and knowledge, contributing into a single unified prod- C: Andreas Petzl , Head of Sales
uct across the region. In 2006 the group was recognised by no less than 3 independ- and Relationship Management
ent surveys as being the best region custodian
Markets & Investment Banking E: Andreas.petzl@ba-ca.com
The group's ability to deliver service excellence across 13 markets is the cornerstone of W: www.hvb-custody.com/
our success. From participation in local market associations to our inter group training
sessions, to a client consultative approach, the group continues to work towards mak-
ing a single impression - excellence.
Data Services
Capco Reference Data Services (CRDS) provides a suite of reference data
management solutions that help financial services providers to achieve C: Donna Faup Bailey
superior data integrity, solve data integration issues and transform
operational performance while lowering data management costs. These Director Business Strategy &
services include a comprehensive managed services offering - a proven Marketing, Capco
alternative to in-house management of reference data as well as index T: +212 284 8749
and ETF data solutions. CRDS also provides consulting services E: Donna.FaupBailey@Capco.com
including advisory, assessment, migration, implementation, integration,
project management, development and training. For more information, W: www.capco.com/crds
please visit www.capco.com/crds.
Through its subsidiaries, DTCC provides clearance, settlement and information serv-
ices for equities, corporate and municipal bonds, government and mortgage-backed London: Richard Bustard
securities and over-the-counter derivatives. DTCC's depository also provides custody T: +44 (0)20 7444-0403
and asset servicing for more than 2.5 million securities issues from the United E: rbustard@dtcc.com
States and more than 100 other countries and territories. In addition, DTCC is a
leading processor of mutual funds and insurance transactions, linking funds and car- New York: Susan Spivey
riers with their distribution networks. DTCC has operating facilities in multiple loca-
tions in the United States and overseas. For more information on DTCC, visit T: + 1 212 855-4144
www.dtcc.com. E: sspivey@dtcc.com
DTCC’s GCA Validation Service gathers and distributes validated global corporate General information
actions announcement information on more than 1.4 million securities from more T: +1 212 855-1000
than 150 countries in more than 16 languages, more than any other provider.
Interactive Data Corporation (NYSE: IDC) is a leading global provider of Interactive Data (Europe) Ltd
financial market data, analytics and related services to financial institutions, active A: European Headquarters
traders and individual investors. The company’s businesses comprise: FT Interactive
Fitzroy House, 13-17 Epworth
Data, ComStock, CMS BondEdge and eSignal.
Street, London EC2A 4DL
FT Interactive Data provides global securities pricing, evaluations, dividend, corporate T: +44 (0)20 7825 7800
action and reference data designed to support financial institutions’ and investment F: +44 (0)20 7608 3514
funds' pricing activities, securities operations, research and portfolio management. FT
E: eu-info@interactivedata.com
Interactive Data collects, edits, maintains and delivers data on more than 3.5 million
W: www.interactivedata.com
securities, including daily evaluations for approximately 2.5 million fixed income and
international equity issues. FT Interactive Data specialises in ‘hard-to-value’ instru- C: Brendan Beith – European
ments and ‘hard-to-get’ information from emerging markets. Sales Director
SunGard's solutions for data management provide technology for the management
W: www.sungard.com/dataman-
and delivery of market, historical and reference data to financial services
agementsolutions
institutions, energy and public sector organizations. SunGard also offers outsourced
T: 1-888-441-9935
data management services, as well as real-time, interactive and flat-file data feeds
F: 212-977-7144
for application integration. Aggregating market data and financial content from more
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than 100 third-party sources, SunGard's solutions for data management add value
E: moreinfo@sungard.com
through a range of services including cleansing, enrichment and analytics. To find
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out how SunGard's solutions for data management can help improve productivity,
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packaged data please visit www.sungard.com/datamanagementsolutions.
Fund Administration
Andrew Collins Managing Director Butterfield Fund Services (BFS) provides valuation, accounting, corporate secretarial,
T: 441-299-3954 compliance, directorial and shareholder services to hedge funds, fund-of-funds, and
E: andrewcollins@bntb.bm mutual funds. BFS also services international pension & insurance trusts. Clients
Tania Kowalski Marketing such as financial institutions, insurance companies, and institutional investors use
Manager T: 441-278-6300 Butterfield Fund Services to set up and launch investment funds. BFS operates in
E: taniakowalski@bntb.bm Bermuda, Bahamas, the Cayman Islands and Guernsey.
A: Rosebank Centre 11 Whether a fund is just starting out or is well established, Butterfield Fund Services
Bermudiana Road, Pembroke, can provide complete solutions to help clients better service their investors. With
Bermuda HM 08 / P.O. Box HM over $50 billion in assets under administration, many alternative funds have turned
195 Hamilton, Bermuda HM AX to Butterfield Fund Services for timely and accurate administration services.
The CACEIS Group is a partnership between the Investor Services business lines of
T: +33 1 57 78 10 78 Crédit Agricole S.A. and Groupe Caisse d'Epargne. With a total of 823 billion in
C: Patrick Lemuet (France) assets under administration (30/6/2006), we are Europe’s premier third party fund
E: france@caceis.com administrator. CACEIS provides a full range of services in France, Luxembourg,
Ireland, Belgium and The Netherlands. These services include portfolio valuation
T: +352 4767 2567 with multiple and automated pricing sources, NAV calculation, product structuring,
C: José-Benamin Longrée tax relevant data calculation, fees and commissions calculation, on-line client report-
(International) ing, legal and statutory investment guideline monitoring, performance measurement
and globalisation techniques such as Cloning. Our transfer agency services include
E: international@caceis.com retail and institutional account management, Europe-wide transaction processing,
W: www.caceis.com distribution network management, third party distribution and shareholder services.
The Fastnet Network, operated by CACEIS, undertakes some of the above services
and is a partnership venture with the Fortis Group.
New York: Christopher Lynch JPMorgan Fund Administration provides a full suite of products for all aspects of
T: +1 718-242-7555 fund administration, enabling asset managers to focus on their core business of
E: chris.e.lynch@jpmorgan.com investment management. Fully integrated with JPMorgan's custody and fund
London: Dick Feehan accounting system, it also accepts automated data feeds from clients' in-house or
T: +44 (20) 7742-0102 third party accounting platforms. By automating these activities, we leverage
E: dick.j.feehan@jpmorgan.com
technology to build flexible business systems that increase efficiencies and deliver
Sydney: Laurence Bailey customer focused solutions.
T: (61-2) 9250-4833
E:laurence.bailey@jpmorgan.com A world-class team of experienced industry professionals provides the expertise you
W: www.jpmorgan.com/wss need in fund administration services.
C: Fred W. Jacobs, III PFPC is a premier provider of processing, technology and business solutions to the
A: PFPC, 301 Bellevue Pkwy global investment industry. Our core offering includes accounting, administration,
Wilmington, DE 19809 USA investor services, middle-office services and regulatory administration services. Whether
T: 302-791-2000 your products are U.S. or non-U.S. domiciled funds, trust vehicles, limited partnerships
F: 302-791-1570 or commingled investment products, PFPC’s multi-jurisdictional, multi-fund capability
E: Information@pfpc.com allows us to process your complex fund structures - from hedge funds, fund of funds
C: Fergus McKeon and private equity funds to master/feeder and multi-managed funds.
A: PFPC Riverside Two
Sir John Rogerson’s Quay PFPC offers personalized alternative investment solutions tailored to your unique
Dublin 2, Ireland needs. With more than 30 years in the fund servicing industry, our seasoned and
T: +353-1-790-3500 responsive professionals bring you the know-how, focus and dedication to deliver the
E: Information@pfpc.com services you need, when and where you need them, any way you want them.
T: +44 (0) 1481 744000 Our clients have access to a broad range of value added services and tailored solu-
F: +44 (0) 1481 744529 tions including global custody and fund administration services for funds domiciled
C: Jose Santamaria in the Caribbean and Channel Islands.
E: jose.santamaria@rbc.com
A: PO Box 48 Canada Court Our services include Trustee, banking and credit facilities, treasury and foreign
St Peter Port Guernsey exchange, trade execution, financial accounting, corporate services, derivative sup-
GY1 3BQ United Kingdom port services and online access, leveraging a custody network that covers 80 plus
W: www.rbcprivatebanking. markets worldwide. Our service combines leading edge technology with professional
com/ci.html expertise and a truly integrated service delivering creative, customised solutions.
DPM Mellon provides onshore and offshore alternative asset fund administration,
back and middle office outsourcing, portfolio valuation, daily NAVs, risk
administration and portfolio transparency solutions for fund managers, asset W: www.dpmmellon.com
allocators, institutional investors and proprietary traders. T: +1 732 667 1155
DPM Mellon’s services are designed to solve complex administrative needs and F: +1 732 662 2650
improve operational efficiency. From the most basic reports to complex portfolio C: Skander Aissa
valuations, risk analysis and daily transparency, DPM has the systems, infrastructure E: Aissa.s@dpmmellon.com
and experience to handle your toughest administrative challenges. A: 400 Atrium Drive Somerset
DPM Mellon has a world-wide staff of approximately 200 employees. DPM Mellon New Jersey NJ 08873 USA
is headquartered in Somerset, New Jersey with offices in London, the Bahamas, and
the Cayman Islands.
For over 25 years, Trident Trust has been a leading provider of corporate, trust and
fund services to the financial service sector worldwide.
Fund Services: A full range of back office administration services tailored for W: www.tridenttrust.com
hedge, private equity and closed-ended funds. Flexibility in structuring a fund’s T: +44 (0) 20 7935 1503
administration allows us to work closely with accounting firms and other service F: +44 (0) 20 7935 7242
providers to offer a cost-effective administrative solution. C: Robin Harris
Services include full fund accounting, NAV calculations, registrar and transfer E: rharris@tridenttrust.com
agent, corporate secretarial including company formation, due diligence compliance A: 7 Welbeck Street
and internet reporting. Assets of Funds Serviced: $20 billion No. of Funds: 300 London W1G 9YE UK
New York: Mario Novello T: 212-840-8280 London: Robin Harris T: 0207-935-1503
BVI: Barry Goodman T: 284-494-2434 Cayman Is: Rick Gorter T: 345-949-0880
Guernsey: Mark Le Tissier T: 01481-727571 Jersey: Mike Spittal T: 01534-733401
Prime Brokerage
Fimat’s Alternative Investment Solutions team (AIS) is a dedicated global Prime
C: Philippe Teilhard Brokerage team serving the alternative investment community including hedge
A: Fimat International Banque SA funds and CTAs.
(UK Branch) - part of the Societe The AIS team offers a global range of brokerage activities on a wide range of asset
Generale Group classes including equities, bonds, currencies, commodities, and their related listed &
SG House, 41 Tower Hill OTC derivative products. The team also provides a dedicated account management
London EC3N 4SG, UK team, cross-margining tools between securities & derivative instruments, hedge fund
T: + 44 207 676 85 36 start-up services, hedge fund industry quantitative information and capital
F + 44 207 628 44 47 introductions services.
E: philippe.teilhard@fimat.co.uk The AIS team is part of Fimat, which employs over 1,600 people in 26 markets,
and is a member of 46 derivatives exchanges, and 17 stock exchanges worldwide.
Eiger Systems solutions are designed to be best in class and are the leading products
within their market sectors. Developed to meet the needs of organisations with complex or
A: Eiger Point mission critical payment processes, our solutions interface easily with existing business
Swift Park applications and are available for all main operating systems.
Old Leicester Road EigerPAY Gateway is a global payments platform which handles complex payment require-
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EigerPAY Gateway’s flexible architecture enables organisations to integrate with the
many new and developing payment systems, with minimal change to legacy systems.
A: Europe/Asia/Africa
42 New Broad Street Fundtech's payments solutions automate all aspects of the funds transfer and cus-
London EC2M 1SB tomer notification process, enabling straight-through-processing (STP) of payments.
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Global PAYplus - The enterprise-wide payments management solution for global
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A: Americas PAYplus RTGS - A fully integrated, multi-currency payment system for banks resid-
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T: +1-201-946-1100 PAYplus USA - The leading payments solution for financial institutions in the US.
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Technology
ADP Brokerage Services Group is an industry leading outsourcing vendor for global
T: +44 (0) 207 551 3000 transaction processing systems, desktop productivity applications and investor
communication services to banks and brokerages worldwide.
E: bsginfo@adp.com -Proxy Edge – comprehensive solution for institutional global proxy voting management.
-Gloss – leading international STP system which automates the trade processing
Address: The ISIS Building, lifecycle from trade capture through confirmation, clearing agency
193 Marsh Wall, London, reporting and settlement.
E14 9SG, UK -Tarot - a UK retail and private client stockbroking, custody and fund management solution.
-Securities Data Management – outsourced data services for securities operations.
Advent Software EMEA, established in 1998, provides trusted solutions for the front
through to back office operations, based on a true real-time fund/portfolio
T: +44 (0)20 7631 9240 accounting platform, to the investment management community throughout Europe,
F: +44 (0)20 7631 9256 Middle East and Africa. Advent has an established network of offices across the
region serving a growing client base of asset managers, hedge fund managers, prime
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brokers, fund administrators, wealth managers, private banks and family offices who
A: One Bedford Avenue, continue to improve their businesses using Advent’s suite of integrated investment
London WC1B 3AU, UK management solutions. Advent Software EMEA is part of Advent Software Inc.
W: www.advent.com (Nasdaq: ADVS), a global organisation that has been providing solutions to the
world's leading financial professionals since 1983. Firms in more than 50 countries
using Advent technology manage investments totaling more than US $8 trillion.
A: EMEA - Progress Apama Progress Apama provides the next-generation Algorithmic Trading
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Apama's platform plugs straight into any market data feeds, order
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Burns Statistics provides software and consulting services. We are focusing on ran-
W: www.burns-stat.com
T: +44 (0)20 8525 0696 dom portfolios, a technique that provides significantly improved performance meas-
C: Patrick Burns urement. A particularly powerful feature is that the initial holdings of the portfolio
E: patrick@burns-stat.com can be used in the performance analysis in order to gain even more precision.
4-b Jodrell Road Performance measurement is after the fact, but random portfolios also allow fund
London managers to test trading strategies before implementing them. There are many addi-
E3 2LA UK
tional uses of random portfolios as well, one is to objectively evaluate the effect of
constraints on a portfolio.
For more than a decade, administrators, managers, and advisors have relied
on KOGER for dependable software tools backed by extensive industry T: 001-201-291-7747
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the core competency of Fully Integrated Fund Administrator.
Building on over twenty years of experience in capital markets and cross-asset soft-
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Business Development Manager
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agers for mutual, pension or hedge funds, insurance companies).
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With so many new challenges presented to buy-side managers when integrating
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peterevans is a leading independent provider of front to back office solutions for the
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William De Vijder of
Fortis Investments, reflects on
yesterdays gone and tomorrows “Life can only be understood
to come... backwards, but it must be lived forwards.”
SOREN KIERKEGAARD
THGISDNIH FORESIGHT
How have investment management strategies evolved over the past Are hedge funds still alternative?
five years, with the benefit of hindsight?
Investors have become less benchmarked and that is very much That is more of a semantic discussion. I think the distinction can
related to the bear market that we have had at the beginning of the be based on how familiar people are with traditional versus alter-
decade. In looking at investment portfolios one should determine native and alternatives do not confine themselves to just hedge
which return one is looking to achieve. In the past there has some- funds. I think the alternative part in hedge funds is really related
times been too much of a tendency to focus on the benchmark to the type of exposure you have and how that relates to what
composition per se and not enough on the return target. type of offer you have and typically the hedge fund offer has not
Increased diversification is something that we have very strongly the structure that you have on the traditional long-only manage-
advocated with our clients. With the narrowing of the valuation ment because the portfolio management styles are different. This
gap and the decline of expected risk premia, expected returns is becoming less and less valid as a statement, relating to the fact
between different asset classes have shown some convergence, cre- that with the sophisticated use of UCITS III you can actually
ated the need to expand the investment universe even further. develop quite a number of strategies that look like strategies used
Another consideration relates to the appearance of certain types of in certain hedge funds.
risk and the way the investment community and financial world
look at inflation risk. It is important that the portfolio has some Over the next few years where will the largest returns come from?
protection against these types of uncertainties.
Another change is that absolute return strategies have become It really depends on whether this is a question that tries to do
more popular with the launch of absolute return products and the market timing and then it is very much dependent on the view
evolution of the regulatory framework. one has on the cycle, and my view on that is that beyond six
months it is very difficult to make any reasonable forecast, and
How have the lessons learnt impacted on the development of new one is really entering the domain of scenario analysis. If you look
and innovative strategies? at it more structurally then I think you should just apply the
The lessons learned are that when you have a bear market that has thinking of which are the more riskier asset classes and they
a rather lasting impact on the appetite of investors to take risks it should be rewarded with the higher expected return. It means
means that as an asset manager one has to come up with solutions that over the next few years emerging markets will deliver more
for that new need – that new need being, can you offer something than developed equity markets, and equities should deliver more
that gives a high enough level of comfort when markets have a than high yield bonds, which should deliver more than invest-
more difficult behavior. ment grade. So you have the usual ranking of asset class in terms
On the broader opportunity side, we have extended our product of expected returns.
offering and have launched in the past number of years absolute
return funds, commodity funds, funds for liability driven invest- What is the biggest risk you face?
ment solutions, local currency emerging debt funds, etc.
We are an active manager so the ongoing challenge every day is
With the benefit of hindsight on market conditions and volatility, to deliver alpha. I would not really put the word risk with that
what would you do differently? but it is something that I would single out as the main challenge
What we do differently is there is a far stricter way of looking at and it is making sure that we deliver the performance every day
risk and identifying what is the upside, what is the downside, and and that is really what it boils down to. Then, there are a number
where should I put my limit, so its almost like identifying a risk of other things that help to put that in perspective like, what
budget for every individual strategy and then managing that risk might make it more difficult to deliver performance and then
budget effectively. This is really important as one of the lessons you have all sorts of different circumstances. So I think the key
from the second quarter last year was to what extent markets can challenge really is delivering the alpha.
react abruptly, that is one, and then to what extent they can be cor-
related and that is also an element that we and the market as a
whole have learned: correlations tend to move in swings as well
and when you need diversification it tends to disappear.