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Global Prime Finance 6 Time Voted No. 1 Prime Broker

Monthly Hedge Fund Trends


Global Custodian Prime Brokerage Survey
2013, 2012, 2011, 2010, 2009, 2008

September 2014
Executive summary* Global performance
Deutsche Bank Research Highlights: Focus Europe: One August 2014 Performance Dispersion
Trillion Euros? and Investor Positioning and Flows: Equity
5.0%
Positioning Close to Lows For The Year

CTA / Managed Futures

Emerging Markets Equity


In our first research piece, the team discusses the impact of the euro
exchange rate and the potential for inflation to reach the European
4.0%
Central Banks target level in 2017. Additionally, the euro area GDP

Equity L/S
details showed investment and inventories were to blame for the

Macro

All Funds

Multi-Strategy
stagnation in the second quarter of this year. In our second research 3.0%
piece, the team comments on the recent changes in equity positioning,

Market Neutral
Event Driven
finding that hedge funds have trimmed positioning closer to neutral.
An elevated macro fund beta has driven hedge funds to extreme short 2.0%

Fixed Income
CB & Vol Arb
positioning in the euro.

Distressed
Credit
Investor Sentiment 1.0%
In the US, the Capital Introductions team met with several Northeast
single and multi-family offices finding many family offices are
increasingly considering direct investments or co-investments as 0.0%
they look to further concentrate their portfolio, reduce fees, and/or
improve yields as a result of disappointing hedge fund performance.
-1.0% 75th Median Average 25th MSCI World
In the UK, family offices continue to seek managers who are able to
provide a proven source of uncorrelated returns and funds of funds
are also seeking niche strategies to invest on an opportunistic basis. Median
In Europe, interest in exposure to event driven managers from UK-based CTA / Managed Futures 2.35% Market Neutral 0.67%
allocators continues to remain the trend for investors given their current Emerging Markets Equity 1.40% Multi-Strategy 0.63%
opportunity set. In Asia, the team has noted an uptick in larger fund Macro 1.23% Credit 0.22%
launches with strategies ranging from Asian equity long/short to global Equity L/S 1.20% CB & Vol Arb 0.09%
macro. All Funds 0.96% Fixed Income 0.08%
Event Driven 0.81% Equity L/S -0.02%
Performance
The median fund gained 0.96% in August with almost all strategies Source: Hedge Fund Intelligence (HFI), September 2014
posting positive returns for the month. CTA/Managed Futures led
performance globally with the median fund gaining 2.35% in August.
Dispersion of returns was also highest among CTA/Managed Futures
strategies. Though the median distressed fund lost 0.02% last month, August 2014 Cumulative Median Performance by Strategy
the strategy continues to lead global performance, returning 6.40%
6.40% Distressed
YTD. Regionally, CTA/Managed Futures led in Europe and the US last
month, gaining 3.74% and 2.21% respectively. In Asia, China l/s gained 5.89% Credit
1.58% in August.
5.27% MSCI World

Leverage 5.24% Event Driven

The MSCI World 30-day volatility increased by 20.43% over the month, 4.05% All Funds
ending at 8.63 on 25 August 2014. Gross fundamental equity exposure Multi-Strategy
3.81%
increased by 1.2% (ending at 2.84), while net fundamental equity
exposure remained unchanged last month ending at 0.69 (0%). 3.80% Fixed Income
Emerging
3.64% Markets Equity
Securities Lending 3.49% Equity L/S
The securities lending team saw European first half earnings yield
more opportunities for fast money shorting on disappointing results. 2.86% CB & Vol Arb

In Japan, the central bank maintained its view the Japanese economy 2.52% Market Neutral
has continued to moderately recover this past month. The risk arbitrage CTA / Managed
2.30%
community showed steady interest in Burger Kings acquisition of Tim Futures
Hortons. 1.36% Macro

0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00%


Regulatory
In the US, two Federal Reserve members gave speeches focused on
Source: Hedge Fund Intelligence (HFI), September 2014
remaining regulatory reforms post-crisis in relation to non-banks and
to regulation of systemically important financial institutions. ESMA
published the official translations of the guidelines on reporting
obligations under Articles 3 and 24 of the Alternative Investment Fund
Managers Directive (AIFMD). Additionally, ESMA published a letter * This document contains extracts and opinions from
from the European Commission stating that it will not be able to provide various departments and business areas within
Deutsche Bank, including extracts from Research
clarity on the definition of a foreign exchange (FX) derivative under Reports, as well as from external reports specifically
MiFID1. referenced herein. It is not, however, a research
piece and has been produced by a front office
function. Also, please refer to the body of the
document for a more detailed description of and
proper references to the topics covered in the
Executive Summary section.

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends - Deutsche Bank Research Highlights 2

Marketing material - For institutional investors only

Deutsche Bank Research Focus Europe: Deutsche Bank Research Investor


One Trillion Euros? 1 Positioning and Flows: Equity Positioning
As we expected, the ECB announced private QE during the first week of
Close to Lows For The Year 2
September. The ECB plans to start purchasing ABS and covered bonds
from October. The objective is to expand the ECB balance sheet to early Overall equity positioning close to lows for the year
2012 levels, implying a 1 trillion expansion. If achieved, the impact on Equity positioning turned further underweight ahead of major central
the euro exchange rate could be enough to push inflation to the ECB bank announcements and amidst continuing geopolitical risk. Mutual
target level in 2017, shortening the period of sub-target inflation. The funds moved further underweight; long/short equity hedge funds have
question is whether a 1 trillion net expansion of the ECB balance sheet trimmed positioning closer to neutral; hybrid funds remain slightly
is credible. In our view, the ECB would have to be aggressive to go underweight; by contrast macro hedge fund beta is elevated.
significantly beyond half this number. ABS/CB purchases buys time, but
Draghi was careful to maintain insurance. Public QE was discussed this Equity mutual fund underweight reflects persistent outflows
month. Equity mutual funds have experienced persistent outflows since April
and in response have been forced to build cash positions. Positioning
The final August PMIs saw a 1.2-point monthly decrease in the euro-area in cyclical sectors has fallen further to a 1.5 year low, reflecting an
composite index to 52.5, adding to the recent disappointing data trend. underweight in all cyclical sectors with the exception of Tech; and an
The euro area GDP details showed investment and inventories were to overweight in defensive sectors with the exception of Utilities. This
blame for the stagnation in Q2, supporting the geopolitics confidence week saw US funds receive their first inflow since April, notably into
shock explanation. News of a ceasefire agreement in Eastern Ukraine is growth and small cap funds which have suffered the bulk of outflows.
a tentative positive. A resumption of inflows which tend to follow macro growth indicators
such as the ISMs would see MFs cover underweights.
We have scaled back our German GDP forecast for 2014 from 1.8% to
1.5%, as we now expect weaker growth in H2. This also reduces our European equity funds still underweight; Asian funds moved
forecast for 2015 from 2.0% to 1.8%. The risks that this still constitutes overweight
an overly optimistic forecast have increased significantly. The German European real money funds underperformed during the recent rally as
investment cycle will likely be more subdued than expected due to the they remain underweight. As EM equities have rallied Asian funds have
ongoing weakness of world trade and increasing geopolitical strains. moved from underweight to overweight but Latam and EMEA funds
Even the hitherto still robust private consumption is emitting its first continue to remain underweight and underperformed.
warning signs.

EU countries share of global FDI inflows has fallen from 50% in the early Hedge funds drive extreme short positioning in the Euro
2000s to less than 20%. FDI activity is very uneven across the euro area. Elevated macro fund beta reflects both an exposure to equities as well
In 2013, the largest inflows were recorded for Spain and Ireland, offering as a large short position in the euro. The beta to short euro is 6 standard
an important source of corporate funding when the flow of bank funding deviations away from average. Leveraged fund short euro futures
is constrained. While Germany and Italy experienced an increase in FDI positions on the CFTC are close to levels last seen in June 2012 during
inflows compared to 2012, they decreased strongly in France. the peak of the European financial crisis.

In our euro area inflation update we look at the positive effect that the Rates longs cut from post-taper extremes
weaker euro exchange rate to date ought to have on inflation in the Bond futures positions which had moved long across the curve with
period ahead. aggregate longs at May 2013 levels have been pared but remain
modestly long. Positions rotated away from longer duration contracts
Euro area breakeven inflation rates are correcting higher with 10 year contracts turning short and 15+ year longs cut while longs
were added to 2 year and 5 year contracts. Bond funds are neutral
2.3
duration and HY. They have outperformed through the recent rise in
2y1y
HICPxt swap rates yields on an overweight in MBS which has seen spreads compress.
2.1 1y1y
4y1y Inflows into longer duration bonds have entirely reversed the
1.9
taper outflow
1.7 From May to December 2013 post the taper communication bond funds
saw steady outflows of almost $40 billion a month. Beginning January
1.5 2014 as bonds rallied initially on covering of oversold positions and then
1.3
on Q1 data disappointments, inflows resumed, especially into longer
dated bonds. These inflows have now reversed the entire taper-driven
1.1 outflow. Meanwhile the strong trend of inflows into floating rate funds
has also reversed since March.
0.9

0.7 Dollar long positions at new highs on the back of shorts in


the Euro and Yen
0.5 Diverging data and central bank paths in the US versus Europe and Japan
Jun-12 Nov-12 Apr-13 Sep-13 Feb-14 Jul-14
have driven dollar longs to new highs and the dollar to 4-year highs. Oil
and gold long positions and prices in turn have continued to fall sharply.
Source: Deutsche Bank, Bloomberg Finance LP
Macro HFs beta to short Euro at extreme

Macro Hedge Funds: Multifactor beta


0.7 To EURUSD (rhs) To S&P 5000 (lhs)
0.6
0.5 0.4
0.2
0.3 0.0
0.1 -0.2
-0.4
-0.1 -0.6
-0.8
-0.3
-1.0
-0.5 -1.2
Jan-10
Apr-10
Jul-10
Oct-10
Jan-11
Apr-11
Jul-11
Oct-11
Jan-12
Apr-12
Jul-12
Oct-12
Jan-13
Apr-13
Jul-13
Oct-13
Jan-14
Apr-14
Jul-14
Oct-14

1
http://pull.db-gmresearch.com/cgi-bin/pull/DocPull/3775-90E1/72905815/DB_FocusEurope_2014-09-
05_0900b8c088b3f3de.pdf
2
https://ger.gm.cib.intranet.db.com/ger/document/pdf/0900b8c088b46089.pdf

Source: HFR, Bloomberg Finance LP, Deutsche Bank

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends - Investor Sentiment 3 3

Marketing material - For institutional investors only

Northeast family offices look to co-investments in search Asian hedge fund investors highly anticipating new Shanghai
of yield Hong Kong Stock Connect
Our Hedge Fund Capital Group met with 16 single and multi family In conversations with over 20 investors in Hong Kong this month, the
offices in the Northeast during the month of August. Many family offices Shanghai Hong Kong Stock Connect was the central topic of the
are increasingly considering direct investments or co-investments as majority of these meetings. The new trading scheme will allow foreign
they look to further concentrate their portfolio, reduce fees and/or investors a unique opportunity to gain direct access to the China A
improve yields as a result of disappointing hedge fund performance. share market via stocks listed on the Shanghai Stock Exchange. It will
The search for macro managers increased slightly as some of these also allow Chinese high net worth investors the ability to access Hong
groups feel that there may be a market correction in the near term. Kong-listed shares for the first time. On October 24th, the team will host
We also noticed a small uptick in demand for distressed as family a Capital Introduction event focusing on Asia strategies in Hong Kong,
offices look more aggressively for alpha. featuring 20 managers. Given the high level of interest, we also plan to
have a dedicated panel on the Shanghai-Hong Kong Stock Connect to
US endowments & foundations show interest in large discuss its role in domestic markets as well as its broader implications.
launches and international exposure
In our discussions with multiple endowments and foundations (E&Fs) Clear trends and themes emerge among Asian investors
across the country we concluded that there have been a number of Most of the investors the team met with in August showed interest in
allocations from the E&F community to large (>$300 million) start ups single country funds, namely Greater China and Japan. On the back
and there continues to be more interest in this space. The strategy that of their strong performance since May, the interest into single country
represents the largest proportion of these flows has been fundamental funds seems to be back, but not without concern. The team did note
equity but these investors are keen on fundamentally oriented, that investors were concerned with how these hedge funds would
concentrated funds across asset classes. Additionally many of these manage volatility given past headwinds. While many of the investors
groups are starting to look to increase their exposure to Asian equities as are looking for managers with AUM of $200 - $300 million and a stable
well as global emerging markets. track record, there has been a renewed focus on new fund launches in
2014. The team has noted an uptick in larger fund launches as demand
grows and these strategies have ranged from Asian equity long/short to
UK-based family offices and funds of funds seek
global macro. Additionally, the team is seeing an increasing number of
opportunistic investments managers investing globally from Asia and having success with building
UK-based family offices continue to seek managers who are able to track record and assets. As a result, the team is seeing other managers
provide a proven source of uncorrelated returns. While they tend to be follow suit and launch a global strategy out of Hong Kong or Singapore.
largely opportunistic with their hedge fund allocations, this investor
group is able to move very quickly when necessary and can be a sticky
source of capital for hedge fund managers. UK funds of funds have also
expressed recent interest in niche strategies, into which they also plan to
invest on an opportunistic basis.

Event driven and European equity long/short remain in vogue


Interest in exposure to event driven managers from UK-based allocators
remains high. Many investors have remained focused on those
managers who offer European exposure, given the current opportunity
set. Anecdotally, we have found that many of these allocators have been
willing to meet with the handful of recent new launches in the strategy.
We have also seen notable demand for new ideas in the European equity
long/short space from both family offices and funds of funds.

Interest in fixed income and credit strategies from UK


investors remains stable
We continue to see a slow but steady move into fixed income
alternatives, and away from traditional bond portfolios, from UK
institutional allocators. We also note interest in the more non-
traditional ideas within both the public and private markets from funds
of funds and family offices. There has been particular interest in longer-
dated credit strategies from this group of investors, as well as direct
lending. We have also seen interest in short-biased credit strategies from
the UK wealth management community.

From Deutsche Bank Hedge Fund Capital Group


3

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends - Performance 4

Marketing material - For institutional investors only

Americas Americas

2014 Year to date median performance August 2014 Performance dispersion of returns
5.0%

CTA / Managed Futures


8.39% S&P 500

Macro
US L/S
6.30% Event Driven

Global L/S
4.0%

All Funds

Multi-Strategy
6.27% Credit

6.25% Global L/S 3.0%

Event Driven
6.03% Distressed

Fixed Income
2.0%

Distressed
5.18% Fixed Income

Credit
4.98% All Funds
1.0%
4.49% US L/S

4.47% Multi-Strategy
0.0%

1.70% Macro
-1.0%
CTA / Managed
1.34%
Futures
75th Median Average 25th S&P 500
0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% 8.00% 9.00% -2.0%

Source: Hedge Fund Intelligence (HFI), September 2014 Source: Hedge Fund Intelligence (HFI), September 2014

Europe Europe

2014 Year to date median performance August 2014 Performance dispersion of returns
6.00%
CTA / Managed Futures

5.08% Credit

4.19% Stoxx 600 5.00%

Emerging Markets Equity


CTA / Managed
3.90%
Futures 4.00%
2.67% All Funds

Global L/S
All Funds
European L/S

Multi-Strategy
3.00%
Macro

Market Neutral

Event Driven
2.54% Multi-Strategy

2.00%

Fixed Income
2.17% Event Driven

Credit
1.89% Fixed Income 1.00%

1.64% Market Neutral


0.00%
1.54% European L/S
-1.00%
0.94% Macro

Emerging
-0.60% -2.00%
Markets Equity

-1.13% Global L/S


-3.00%
-2.00% -1.00% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 75th Median Average 25th Stoxx 600
-4.00%

Source: Hedge Fund Intelligence (HFI), September 2014 Source: Hedge Fund Intelligence (HFI), September 2014

Asia Asia

2014 Year to date median performance August 2014 Performance dispersion of returns
5.00%
Asia ex-Japan L/S

MSCI AsiaPac
China L/S

4.64%
incl Japan

3.85% Asia ex-Japan L/S


4.00%
Multi-Strategy

Pan-Asia L/S

All Funds

2.39% All Funds 3.00%

2.23% Multi-Strategy
Japan L/S

2.00%
Macro

2.07% Macro
1.00%

2.02% China L/S


0.00%

1.53% Pan-Asia L/S


-1.00%
0.92% Japan L/S

-2.00%
0.00% 1.00% 2.00% 3.00% 4.00% 5.00%
75th Median Average 25th MSCI AsiaPac incl Japan

Source: Hedge Fund Intelligence (HFI), September 2014 Source: Hedge Fund Intelligence (HFI), September 2014

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends - Leverage 4 5

Marketing material - For institutional investors only

Global
The MSCI World 30-day volatility increased by 20.43% over the month, ending at 8.63 on 25 August 2014. Gross fundamental equity exposure
increased by 1.2% (ending at 2.84), while net fundamental equity exposure remained unchanged last month ending at 0.69 (0%).
The percentage of funds in lower leverage ranges (-1 0.5) last month remained mainly unchanged since June 2014, while higher leverage
ranges (0.5 - 1.0) increased over the same period; however, the percentage of funds in the highest leverage band (1.75 - 2) remained unchanged
over the same time period.

Global net & gross equity leverage vs. volatility


16 3.0

2.8
14 2.6

2.4
12
2.2
MCSI World 30 day Historical Vol

2.0
10
1.8

1.6

Leverage
8
1.4

1.2
6
1.0

4 0.8

0.6

2 0.4

0.2
0 0.0
3 13 3 3 3 14 14 4 4 4 4 4 14
g1 Sep
t1 v1 c1 Jan Feb
r1 ril 1 y1 e1 y1 g
Au 25
Oc No De Ma Ap Ma Jun Jul Au
25 25 25 25 25 25 25 25 25 25 25 25

MSCI World 30d Vol Gross Leverage Net Leverage

Source: Deutsche Bank Global Prime Finance Risk, September 2014

Global August 2014 Quarterly change in net equity leverage distribution across funds
18%

16%

14%
% of funds (Deutsche Bank)

12%

10%

8%

6%

4%

2%

0%
5 5 0 5 0.5 5 1 5 1.5 5 2
-0.7 -0.5 -0.2 5- 0.2 5- 0.7 5- 1.2 5- 1.7 5-
-1 - 5- - -0.2 0- 0.2 0.5
- 0.7 1- 1.2 1.5
- 1.7
-0.7 -0.5

01 Sept14 01 June14

Source: Deutsche Bank Global Prime Finance Risk, September 2014

4
Deutsche Bank Global Prime Finance Risk, September 2014

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends - Securities Lending 6

Marketing material - For institutional investors only

Global 5

US % short interest sector change - August 2014 Europe % short interest sector change - August 2014

Financials Telecom
Utilities Industrials
Healthcare Info Tech
Info Tech Utilities
Telecom Financials
Cons Discr Cons Discr
Industrials Health Care
Materials Cons Staples
Energy Energy
Cons Staples Materials
-5.0% 0.0% 5.0% 10.0% 15.0% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% 20.0%

Source: Markit Group Limited & Deutsche Bank, September 2014 Source: Markit Group Limited & Deutsche Bank, September 2014

European first half earnings continue upswing Concerns about Fast Retailings Uniqlo brand
First half earnings season continued through August, bringing many Considering that 50% of its operating profit comes from Japan, concern
opportunities for fast money shorting on disappointing results. Arkema about Uniqlo is evident in the volatile share price of the company which
flagged early in the month that second quarter results would not meet reached its low on 8 August 2014.22 The rising input costs are just
expectations.6 Bilfinger announced yet another profit warning, costing starting to hit Uniqlos domestic margins and with the brokers doubting
the CEO his job.7 Bureau Veritas and also Tesco flagged significant the success for Uniqlos efforts in raising product prices, the share price
expectations downgrades, while Frontline signalled a cash generation of the company has seen a downward trend.23 Short interest fell 46%
shortfall.8,9,10 during the first week of August to 0.17 million shares from the 0.32
million shares sold short in the start of the month. Over the month, short
M&A activity not losing steam interest declined over 40% with 0.18 million shares sold short.
Summer did not dampen M&A activity, which continued apace both
within Europe and cross-border. Iliads bid for T-Mobile US surprised the Burger King and Tim Hortons deal sees risk arbitrage interest
market with its ambition, but fell on deaf ears.11 Telefonica and Telecom It was officially announced in August that Miami-based Burger King
Italia spent the month pursuing Vivendi, seeking to merger their Brazilian would acquire Canadian coffee shop Tim Hortons in a deal widely
telecom operations with Vivendis GVT unit.12 By the end of the month regarded as a tax inversion deal. 24 After deal announcement, risk
Vivendi had agreed to exclusive negotiations with the Spanish company. arbitrage demand pushed Burger King Worldwide borrow from a general
Fiats merger created significant turmoil in the securities lending market, collateral rate to 10%+ fee (as of this writing) as short interest more than
as clarity was desperately sought regarding any contingent liabilities tripled. Remaining supply is illiquid and highly concentrated with one
owed to lender arising from shareholders withdrawal rights.13 Balfour specific lender. Even as levels continue to deteriorate, we continue to
Beatty ultimately rejected interest from Carillion, refusing to engage see steady demand from the risk arbitrage community.
at any price the bidder was prepared to offer.14 Similarly, UK-based
chipmaker CSR rejected an approach from Microchip.15 Kinder Morgan consolidation moves rates from general
collateral
Bank of Cyprus and Conzzeta merger top capital raising As Kinder Morgan looks to consolidate its oil-and-gas empire, the
efforts for August borrow dynamic causes some in the equity finance world to hearken
Bank of Cyprus let shareholders claw back up to 20% of its recent back to the Kinder Morgan/El Paso deal of 2012.25 Towards the end of
placement.16 Conzzeta raised capital pursuant to its merger with that deal, rates were north of 40% on average as demand significantly
Tegula.17 Kungsleden announced a SEK 1.5 billion rights offer.18 London outweighed supply and the borrow market froze. Thus far, this
Stock Exchange Group Plc is to raise just shy of 1 billion in order to Kinder Morgan deal has not been nearly as dramatic. Prior to deal
complete its purchase of Russell Indices.19 announcement in early August, Kinder Morgan stock had been general
collateral rate with approximately 150 million shares of liquidity. As
Moderate recovery in Japan the news took effect, borrow traded off top levels, settling in at about
The central bank maintained its view that the Japanese economy has 0.625% per annum. Plenty of liquidity remains for new shorts, and term
continued to recover moderately. At the same time, there has been borrow has been in play.
an improvement in the declining demand following the sales-tax
increase. With the U.S. economy heading towards recovery, there is
an expectation of a rise in the Japanese corporate earnings backed by
increased export volumes and a weaker yen. As for the month ending
August, the weaker yen didnt translate into higher exports. During the
month, the yen fell to 104.49 per dollar. The positive news during the
month was Japans $1.3 trillion Government Pension Investment Funds
5
This material has been produced by the Deutsche Bank Securities Lending Group and must not be
regarded as research or investment advice.
announcement to buy more domestic shares. 6
http://www.bloomberg.com/news/2014-08-01/arkema-defers-margin-goal-by-a-year-after-disappointing-
results.html
7
http://www.bloomberg.com/news/2014-08-04/bilfinger-replaces-ceo-koch-after-issuing-second-profit-
Sony short interest increases despite restructuring plans 8
warning.html
http://www.moneynews.com/Markets/Europe-stocks-Ukraine-market/2014/08/28/id/591434/
Activity by short sellers in the stock has increased slightly to just above 9
http://www.reuters.com/article/2014/08/07/tesco-sp-idUSL6N0QD44V20140807
5% of shares outstanding after hitting an annual low on 18 August 10
http://thenextweb.com/insider/2014/09/05/frontline-ventures-announces-e40m-fund-european-startups/
11
http://online.wsj.com/articles/iliad-to-forge-ahead-with-t-mobile-bid-1407329989
2014.20 Ownership of institutional funds who lend currently stands at 12
http://www.businessweek.com/news/2014-09-09/vivendi-said-to-consider-buying-stake-in-mediaset-s-
nearly 16% of shares outstanding. Short interest was up 28% over the pay-tv-unit
13
http://www.nytimes.com/2014/09/05/business/fiat-moving-along-with-chrysler-merger.html
month of August with 3.2 million shares sold short. The share price 14
http://www.telegraph.co.uk/finance/newsbysector/constructionandproperty/11045007/Carillion-
is up 6% since the start of August and up 30% from this years low in abandons-Balfour-Beatty-merger.html
15
http://www.bloomberg.com/news/2014-08-28/csr-soars-most-in-two-years-on-report-chipmaker-
February 2014.21 exploring-sale.html
16
http://www.reuters.com/article/2014/07/28/bankofcyprus-idUSL6N0Q352A20140728
17
http://www.bloomberg.com/article/2014-08-04/azELGartTI5k.html
18
http://www.reuters.com/article/2014/08/15/kungsleden-brief-idUSWEA00E1720140815
19
http://www.bloomberg.com/news/2014-08-22/lse-to-raise-1-6-billion-in-rights-for-frank-russell.html
20
http://investing.businessweek.com/research/stocks/snapshot/snapshot.asp?ticker=6758:JP
21
http://online.wsj.com/news/articles/SB10001424127887324595904578120670362217736
22
http://www.fastretailing.com/eng/ir/library/pdf/ar2013_en.pdf
23
http://asia.nikkei.com/print/article/36036
24
http://uk.reuters.com/article/2014/09/11/us-burger-king-loan-idUKKBN0H62BH20140911
25
http://dealbook.nytimes.com/2011/10/16/kinder-morgan-to-buy-el-paso/?_php=true&_type=blogs&_r=0

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Monthly Hedge Fund Trends - Regulatory 26 7

Marketing material - For institutional investors only

ESMA publishes official translations of the AIFMD Phase II of EMIR reporting begins
reporting Guidelines On 11 August, phase II of mandatory reporting of derivatives under
On 8 August 2014, the European Securities and Markets Authority the European Markets Infrastructure Regulation (EMIR) commenced.
(ESMA) published the official translations of the guidelines on reporting Under the rules, both counterparties must now report the valuation of all
obligations under Articles 3 and 24 of the Alternative Investment Fund transactions and the attached collateral to Trade Repositories registered
Managers Directive (AIFMD). These articles of the AIFMD require with ESMA. Valuations must be reported at the end of the day following
reporting of the principal markets and instruments in which the AIFM the execution of the contract. Collateral valuations must be reported
is trading. The Guidelines aim to ensure consistent application of the by the end of the day following the valuation date by the counterparty
reporting obligations stemming from these Articles. The publication of the posting collateral.
translations begins the two month period within which NCAs must state
to ESMA whether they intend to comply with the guidelines or otherwise Separately, ESMA are currently consulting on the first round of mandatory
explain the reasons for non-compliance. The guidelines would apply from clearing of certain classes of interest rate and credit derivatives. The
the end of this two month period. rules are expected to be finalized by end 2014 with clearing expected to
commence on a phased basis sometime from mid-2015.
EU Commission on FX definition
On 1 August, the ESMA published a letter from the European Commission UCITS 5 enters into law
stating that it will not be able to provide clarity on the definition of a On 28 August, the update to the UCITS directive (UCITS 5) was
foreign exchange (FX) derivative under MiFID 1. As ESMA could issue published in the Official Journal of the European Union, meaning that
guidelines, the letter sets out suggested criteria that they could consider. implementation of the requirements will be required by March 2016, or
March 2018 for some of the depository obligations. UCITS 5 requires
The lack of a clear definition of an FX derivative under MiFID 1 management companies to apply remuneration rules on deferrals and
was highlighted by ESMA to the European Commission earlier this non cash elements which apply to banks under CRD III and to hedge
year, because of the inconsistency it creates in implementing EMIR funds under the AIFMD. Depository requirements are introduced which
requirements for reporting and clearing. The Commission has said are similar but not identical to those under the AIFMD. A harmonized
that ESMA can either issue guidelines on this now, or wait to adopt sanctions regime is also introduced for breaches of the requirements of
implementing rules under MiFID 2. Given that guidelines are not legally the directive.
binding on national regulators, it remains to be seen whether this issue
can be fully resolved before the beginning of 2017, when MiFID 2 US rules on CRAs and ABS finalized
will apply. In its letter, the Commission suggests a definition of an FX On 27 August, the SEC finalized new rules on Credit Rating Agencies
derivative based on four criteria, including using a T+2 settlement period (CRAs) and Asset-backed securities (ABS). The CRA rules, which
to define FX spot contracts for EU and other major currency pairs. implement requirements under the Dodd-Frank Act, require annual
certifications by CEOs that ratings are not influenced by other business
Separately, the Central Bank of Ireland published FAQs on a temporary activities, and that internal controls are effective. On ABS, the SEC
definition of a FX forward for EMIR reporting purposes. Generally, the unanimously approved rules on enhanced disclosure, to provide
guidelines only require reporting of FX transactions with settlement investors with data and tools to independently evaluate investments.
beyond seven days, unless the jurisdiction where a counterparty is based New requirements for issuers of ABS include the provision of asset-
requires reporting for transactions with settlement earlier than seven days level information in a standardized data format; a three day preliminary
into the future. prospectus required before an ABS can be sold, and executive certification
requirements from the issuer.
Federal Reserve on shadow banking and repos
Two US Federal Reserve members gave speeches focused on remaining
regulatory reforms post-crisis, particularly in relation to non-banks and to
regulation of systemically important financial institutions. On 11 August,
Stanley Fischer, US Federal Reserve Vice Chairman, spoke about the need
to strengthen reforms in a manner that reduces the risk of unintended
consequences. While global policymakers have made substantial
progress in strengthening the financial system, Fischer warned that
tougher banking regulation could result in activity moving away from the
banking system into the shadow banking system. He said that finding
ways of handling the shadow banking system is one of the areas where
further progress is needed.

On 13 August, the President of the Boston Federal Reserve, Eric


Rosengren, gave a speech in which he called for a re-evaluation of the
regulation of non-deposit taking institutions with significant broker-
dealer operations. He expressed concerns with a lack of progress by
broker-dealers to reduce their reliance on repurchase agreements. He
called for broker-dealers to be required to hold significantly more capital
than they would if they used stable sources of funding and suggested an
increase in the capital required for any holding company with significant
broker-dealer operations. He also called for restrictions on the ability to
which short-term repurchase agreements held by regulated financial
intermediaries could be used to finance long-term assets or high-credit-
risk assets.

This is a summary of some of the themes underlying recent regulatory developments affecting hedge
26

funds and their managers. It does not purport to be legal or regulatory advice and must not be relied
on for that purpose. Deutsche Bank is not acting and does not purport to act in any way as your
advisor. We therefore strongly suggest that you seek your own independent advice in relation to any
legal, tax, accounting and regulatory issues relating to the merits or otherwise of the products and
services discussed.

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends - Deutsche Bank Research Highlights 8
Marketing material - For institutional investors only

No-action relief
expires for
oral recording
requirements EMIR: Margin
for CTAs rules for
(31/12/2014) non-cleared
derivatives
become
FATCA: effective if one
Sponsoring counterparty
entities must Basel III: LCR belongs to a
be registered introduced at 60% AIFMD: Marketing group whose
MiFID 2: ESMA to with the IRS to of liquidity needs passport for non- aggregate
deliver consultation obtain their GIIN (01/01/2015) EU Alternative month-end
on detailed rules (31/12/2014) Investment Funds average
to EU Commission (at earliest). notional
(Q3/2014) EMIR: T+2 (22/07/2015) EMIR: EU amount of
EMIR: Earliest settlement for margining non-centrally
decision on transactions requirements cleared FATCA
High frequency mandatory conducted on OCC: Deadline to for non-cleared derivatives withholding on
trading: SEC/CFTC clearing of trading venues and comply with swaps derivatives begin for Jun-Aug foreign passthru
to propose rules derivatives in cleared by CCPs push out rule to phase in 2015 is < 3 tn payments
(Q3/2014) Europe (12/2014) begins (01/01/2015) (07/2015) (01/12/2015) (30/11/2016) (01/01/2017)

2014 2015 2016 2017


EMIR: Non-EU Swiss CISO Updated Market MiFID 2:
counterparties Marketing Abuse Directive to Proposed date
rules apply and Manager be implemented that MiFID 2
for derivatives registration: (Q4 2015) will come into
(10/10/2014) Deadline to register force (2017)
with FINMA
(02/2015) UCITS V: Potential
Final CFTC implementation
package trade date (Q4 2015)
phasing deadline
for non MAT
instruments
(16/11/2014)

Abbreviations EC European Commission FSB Financial Stability Board RRD EU Recovery and Resolution Directive
AIF Alternative Investment Fund ECON Economic & Monetary Affairs Committee FFI Foreign Financial Institution SFC Securities and Futures Commission
AIFMD Alternative Investment Fund Managers Directive EIOPA European Insurance and Occupational Pensions FTT Financial Transaction Tax SEC Securities and Exchange Commission
CBRC China Banking Regulatory Commission Authority HFT High frequency trading SEF Swap execution facility
CCP - Central Clearing Counterparty EP European Parliament IRS Interest Rate Swap SEPA Single Euro Payments Area
CDS Credit Default Swap EMIR European Market Infrastructure Regulation JFSA Japanese Financial Services Agency SIFI Systematically Important Financial Institution
Source: D
 eutsche Bank Government & Regulatory CFTC Commodity Futures Trading Commission ESMA European Securities Market Authority MAR Market Abuse Regulation SSM Single Supervisory Mechanism
Affairs and Hedge Fund Consulting CRA Credit Rating Agency EU European Union MiFID Markets in Financial Instruments Directive TD Transparency Directive
CRD Capital Requirements Directive FATCA Foreign Account Tax Compliance Act MSP Major Swap Participant UCITS Undertakings for Collective Investment in
CSD Central Securities Depositories FDIC Federal Deposit Insurance Corporation OCC Office of the Comptroller of the Currency Transferable Securities
This timeline is for informational purposes only. Please refer to EBA European Banking Authority FFIs Foreign Financial Institutions PRIPs Packaged Retail Investment Products
the disclaimer section of this document for further information.

For further information on any of the issues discussed in this newsletter, please contact the Global Prime Finance team: email: MPF.Trends@list.db.com
Monthly Hedge Fund Trends 9

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