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S ERVICES
JOURNAL
HARD TO SWALLOW
European clearing and settlement barriers
S ERVICES
JOURNAL
HARD TO SWALLOW
European clearing and settlement barriers
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We think
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ISJ24 pp1-23 ML 6/9/07 2:30 pm Page 1
HARD COPY
JOURNAL
VOL 4 No. 24 - 2007
U certainly has not been a slow
news month. A typical August
sees most banks running on two thirds
who was predisposed to cut interest
rates at times of economic crisis.
Bernanke on the other hand, seems
of the number of normal staff, as it is wary of encouraging investors to act
the month that most decide to go on more recklessly, which he feels could be
summer holiday. Not so this year, as the case if the Fed is there to pick up
everyone in the financial services the pieces. Our news analysis on page
industry has been forced into a state of 10 looks at the impact of the crisis so
high alert. far.
The sub-prime mortgage crisis and Lest we forget, this month is also the
speculation about its long term impact run up to Swift's Sibos in Boston. I take
on the global economy has been a look at the changes that have been
headline news every day for the last few occurring to the Swift executive over
weeks. BlackBerrys became lifelines to the last year and what impact these have
the office for many, as those on holiday had on the 2010 objectives in our
attempted to keep in touch with feature beginning on page 42.
colleagues and keep up to date on the Our cover feature on European
latest developments from the constant clearing and settlement explores the
stream of press coverage. A recent progress that the industry has made
report by analyst firm Datamonitor has towards removing the Giovannini
indicated that the crisis may have now barriers, including the Commission's
even extended as far as the Indian Code of Conduct (page 16). Other
outsourcing sector. highlights of the issue include the
No one seems to know for sure how developments in the US custody market,
big the total losses from the crisis of the Asian funds market, corporate
confidence in the debt markets will turn actions and SEPA.
out to be. The European Central Bank I hope you enjoy the issue and look
(ECB) indicated the scale of the forward to seeing
problem when it took the decision in you in Boston.
early August to inject an unprecedented
amount of funds into the interbank
market to ensure that it continued to
function as usual.
Federal Reserve chairman Ben
Bernanke has also had a hard month as
he faced criticism for his delay in
cutting the main interest rate. The Virginie O’Shea
move signals a shift in Fed policy from Editor
CONTENTS
28 Domiciles reports
Jersey and Guernsey
■ Custody
Asian hot topics 24
30 US custody
Does the market still have room
to grow? 69 Corporate supply chain
Who has the upper hand?
34 Panel discussion
A focus on custody and
technology
■ Securities lending
16
72 Securities lending in the US
■ Technology Maintaining the lead?
This Month’s ISJ
Custody-Depositary / Trustee
Fund Administration
Corporate Trust
CACEIS benefits from an S&P AA- rating
Beyond banks This has been particularly Living the American nightmare
highlighted in the structured credit
he current profit alerts as the
T
ith just a few months
:PV6T
© UBS 2007. All rights reserved.
ISJ24 pp1-23 ML Edit 7/9/07 9:29 am Page 6
NEWS
NEWS
recruiting staff and investors and prospective report points to signs that of the proposal, a spokesman
continuing its habit of investors. The SEC has also normalcy is returning to the said, although the staff
investing in companies that named a new chief for its carry trade - the practice of projected savings starting in
partner with other activist enforcement programme, as borrowing cheaply in one 2008. Opers, with USD77.6
firms. the regulator steps up its country to invest in a higher billion in assets under
oversight of hedge funds and yielding asset somewhere management, is the eleventh
LEGAL AND COMPLIANCE insider trading cases. Mark else. The surge in market largest public pension fund in
Stockholm - Swedish Lineberry will head the volatility had led some the US. Funds lend out
prosecutors have ruled out a agency's office of market investors to drop these risky securities, either equities or
preliminary investigation surveillance, which bets. fixed income, to a broker in
into the trading of shares in
Nordic stock exchange investigates insider trading exchange for cash collateral,
operator OMX in August and securities fraud cases. Lexington - Wealthy US which the fund reinvests in
before Borse Dubai's bid for investors have shifted their short term securities.
the company. The Swedish Frankfurt - Investment banks investments into higher Calpers, California’s public
National Economic Crimes will incur the most costs in quality bonds, shortening employees’ pension fund that
Bureau said it will not launch the period where national and duration and seeking more is the largest in the US with
a preliminary investigation SEPA payment investment grade securities, USD248 billion in assets sbc
into the trading of OMX infrastructures coexist, as a response to the recent under management, has had
shares ahead of Borse according to a European credit turmoil, new research an equities lending auction
Dubai's unsolicited USD4 Central Bank (ECB) study into suggests. Within wealthy system since 2000 with its
billion cash bid last month.
Nasdaq bid USD3.7 billion for the economic impact of individuals' fixed income joint partner, the electronic
OMX on 25 May. The news SEPA. The report portfolios, allocations to brokerage firm eSecLending.
follows the Swedish FSA's recommends keeping this investment grade debt rose Last year, Calpers started an
decision to take no action period as short as possible to by 3.6% points between 27 auction for fixed income.
against Borse Dubai despite help banks more quickly May and 30 August,
ruling that the group broke achieve economies of scale as representing more than Frankfurt - Electronic repo
the law with its OMX stake- payments revenues begin to USD1.6 billion of fund flows, market Eurex Repo plans to
building. But investigations drop due to competitive according to a report from become the first European
may not be over, and pressures. Over time, two US research firm Advisor electronic market to enable
regulators have looked at
trading prior to a May bid opposing effects will Perspectives. Medium grade cross border liquidity
for OMX by Nasdaq. Any determine the benefits and fixed income - representing management over a range of
further investigations will challenges of SEPA. First, riskier securities - fell by a different collateral, after
add more intrigue to a SEPA will increase similar amount. Advisor internationalising its Euro
takeover battle that has been competition in the banking Perspectives tracks 48,000 GC Pooling offering with
mired in controversy, pitting industry as it removes the fund accounts belonging to European collaterals. From 3
a bid by state owned Borse barriers that formerly high net worth individuals in September, the scale of
Dubai against a lower offer protected national markets. the US, classifying high net available securities holdings
from Nasdaq that OMX had Second, SEPA will ensure worth as those who have for Euro GC Pooling
already agreed to. cost savings in payment more than USD1 million transactions will be extended
processing and give rise to available to invest. to include Eurobonds and a
Washington - Hedge fund business opportunities. wide range of European
managers will face a new SECURITIES LENDING bonds in addition to German
restriction when the Security MARKET INFRASTRUCTURE Ohio - The Ohio Public bonds. The collateral basket
and Exchange Commission's New York - Normalcy is Employees Retirement System can also be used as collateral
anti-fraud rule goes into returning to parts of the (Opers) may eliminate its for refinancing within the
effect on 10 September, market after the recent brokerage arm and take on framework of ECB open
against a backdrop of financial turmoil that direct lending of fixed market transactions. Eurex
spectacular failures in the followed unprecedented income securities in an Repo says this has been made
USD1.5 trillion industry. global banking activity, the attempt to enhance returns possible through the
The five SEC commissioners Bank for International like Calpers. A report by connection to Clearstream
in July voted unanimously to Settlements has said. In its Opers staff estimated that the Banking Frankfurt (CBF)
adopt a new rule clarifying latest quarterly review, the public pension fund could and Clearstream Banking
hedge fund fraud. It BIS said at the end of August save up to USD22 million Luxembourg (CBL). All
prohibits advisers to that recent turmoil took over the next five years by Clearstream's customers will
investors in hedge funds as place in an environment of: eliminating fees to State be able to use more than
well as pooled investor "solid corporate earnings Street for brokerage and cash 8,000 securities as collateral
vehicles from making false or and with macroeconomic reinvestment services. The in Euro GC Pooling." I
misleading statements to conditions that still appeared fund does not yet have a
investors or defrauding relatively favourable". The timeline for implementation
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GOAL is the widely-acknowledged industry leader in ("MOGL") and provides a full outsourcing service for
providing creative products, services and solutions to corporate entities and pension funds who have
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class actions.
MOGL's outstanding track record of obtaining
Our solutions facilitate the fiduciary responsibility compensation pay-outs indicates hundreds of million
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Goal's research has shown that in excess of USD$10.5 Goal's clients include hedge funds, several of the
billion of withholding tax remains unclaimed each world's largest global custodians, asset managers,
year by the rightful owners and beneficiaries. private banks, pension funds, high net-worth
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NEWS ANALYSIS
All in one
into force in 2008.
Meanwhile, the Intercontinental
Exchange (ICE) looks to have paved the
way for a merger with Winnipeg
basket? Commodity Exchange for CAD50
million (USD35 million). ICE was forced
to up its original CAD40 million bid
Exchange consolidation after the New York Mercantile Exchange
(Nymex) jumped in with an offer CAD10
continues apace million higher.
Nymex is one of the only major US
orse Dubai made a USD3.95 markets not to have partnered with a
Even Closer
We bring our services closer to our clients by continuing to expand our footprint
worldwide. Since the beginning of 2006 we have opened 5 new offices around
the globe to better serve our clients. We continue to invest and expand our top-rated
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ISJ24 pp1-23 ML 6/9/07 2:34 pm Page 14
People Person
Paul Galant, CEO of Global Transaction Services, Citi Markets and
Banking, speaks to Virginie O'Shea about the basics of business
aul Galant is a firm away and paid me - he needed the
In the ecommerce space, rather than because of the exciting diversity of They're quite clever. They teach us a lot.
putting the talents of his team towards a business and the diversity of mind here.” These are precisely the competitors I want
single product or solution set, he decided Galant's prime career motivation is to as partners.”
to broaden the perspective to the canvas of ensure that he is challenged by his job: It might seem a bit counterintuitive,
the entire corporate bank. “Our project, “I'm not great in running things on a admits Galant; why would you make one
CitiVision, aggregated disparate data, business as usual basis. My strength, and of your strongest competitors stronger?
bringing together hundreds of data the part of my job I absolutely love, is But he does it to enhance his business
sources for the benefit of the bankers and starting with something, seeing things as through collaboration, bringing solutions
I'm rooted in basic, strong business management principles. Some people call it
motherhood and apple pie; I call it the key element of driving our business
the firm. This became the front end for all they could be three years from now, to their highly appreciative clients. “We
investment banking. While rolling it out understanding what needs to be done and respect their relationships and we both
and training people to use it, I remember then executing to get there.” benefit,” he adds.
saying: 'this is the future of eCommerce. The CEO's challenge is to motivate, to When asked to identify the most
One day you are looking at this data, the inspire, to capture the hearts and minds of innovative and groundbreaking change
next, you have the ability to generate more than 27,000 people in more than 100 that he has seen during his career, Galant
actionable advice - and wouldn't it be countries, to lead them all in the same comments: “It has to be the absolute
great if one day our clients could look at direction, says Galant. Communicating incredible leverage we've received from
the same screen we're looking at, and we and making sure people are focused on technology - the productivity, the flow of
could interpret it for them?' And of executing the strategy and vision of the information, our ability to become a
course, Bloomberg had done that, as an company is both a challenge and part of nimble society. Our ability to identify an
agnostic solution. I wanted to do it by what makes the role of CEO so fulfilling opportunity, terrestrial or electronic, and
delivering intellectual capital to clients for Galant. to execute with efficiency, is monumental.
through a single source. Now I use He is confident in Citi's senior I also think that globalisation - which is
CitiVision everyday, and more than ten management and believes they provide driven to a great extent by technology -
thousand Citi colleagues use it everyday, exactly the right level of support to the will carry this industry and its people into
and I take tremendous pride in that,” he organisation. “If I say to Chuck Prince, an era that none of us can even imagine.”
says. Bob Druskin, or my boss, Michael Klein, I Citi and Galant's focus over the next
“Of course, when CitiVision took off, I want to build a ten billion dollar year will continue to be on innovation,
knew we had to build content for it, so I transaction processing business, they which he considers to be the hallmark of
started the CitiMedia group to deliver support that goal, not just with lip service, the organisation. There will also be a drive
video content, allowing other colleagues which is easy, but by rolling up their own towards further expansion in areas of the
to see and hear bankers talking about sleeves and getting to work alongside my market where Citi has identified strong
public deals. This was so well received that team to help us get there.” growth potential. However, Galant
we started to interview clients as well. The competition is also to be respected, believes that his back to basics mantra is
eCommerce was a terrific experience, says Galant: “Competition's very one of the most important areas of
because I got to understand how the bank important. I have tremendous respect for business focus in the long term.
works, from end to end, and once I learned our competitors. They are excellent. “I'm rooted in basic, strong business
its strengths, I focused on leveraging them They're smart. They're nimble. They keep management principles. Set a budget,
through connectivity, process and power, us on our toes. In my business, we deliver make your number, evolve your budget,
and that was exciting,” he continues. for our clients through what I like to call have a running forecast, be disciplined,
It is obvious that Galant is passionate 'partnertition', which is 'coopetition' - make more than you spend, train the best
about his career, but he is also an ardent collaborative competition - taken one step people, uphold the brand, that's a 'back to
fan of his firm: “All financial institutions further. When you can think differently basics' approach. Some people call it
are not created equal. Citi has a brand that about your competitors and define areas motherhood and apple pie; I call it the key
stands for something far beyond profits; where you see them as complementary element of driving our business. Our
it's a brand that stands for integrity, a partners, you can deliver unique value to people are another important 'basic'
brand that stands for trusted advisor. the market. Around the globe, some of the element. People are what business is
Intellectually and philosophically and fiercest competitors we come up against about. You know what the most valuable
from my heart, I connect to that. And I'm are local banks that you've never heard of assets are of my organisation? The same
fortunate; if I wanted to, I could choose 10 - but they have strong executives who people who go home every night and come
careers without ever having to leave Citi understand their market inside and out. back the next day,” he concludes. ■
Hard to
swallow?
clearing and settlement efficiency and impact on many of these exchanges. environment for cross border trading in
cost must be taken into account under the Citigroup's Chan comments: “It is too Europe,” he says.
obligations for MiFID best execution. early to say whether the guidelines will This is no surprise, given that in June
Van Stappen concludes: “New platforms work - the proof will come with actual Commissioner McCreevy warned he
that provide up-front lower fees for cases of infrastructures exercising their would deal harshly with those that failed
execution services but that do not take rights to demand access to each other.” to comply with the code. He commented
into account the reality of the current To this end, LCH.Clearnet has recently in a speech to FESE: “I want to hear
clearing and settlement environment run formally requested that Borsa Italiana immediately if there is any anti-
the risk of providing a poor service to and Deutsche Börse provide it with a link competitive behaviour or unsavoury
their customers, as the total cost of the for electronic access. This will then allow practices.” Given his past stance with
trade is likely to be bigger than on the Europe's largest clearing organisation to regards to a lack of compliance by
ostensibly 'more expensive' home market clear trades executed on the two market participants, this is a threat that
that makes use of the existing 'clearing exchange platforms. should not been taken lightly.
and settlement liquidity'.” Roger Liddell, CEO of LCH.Clearnet, Accordingly, the German exchange has
The next phase of the Commission's has indicated that he is confident that already made a number of small
code is due to be implemented by the end access will be granted. “These initiatives adjustments to its pricing structure
of 2007 and involves unbundling services should demonstrate that peer to peer following a comparison with other
and separating the accounts of each clearing links, where neither CCP pays organisations in the EU area. But
service segment. This will require a the other ongoing fees, can be established complying with the requirement for
It is too early to say whether the guidelines will work - the proof will come with actual
cases of infrastructures exercising their rights to demand access to each other
number of changes to be made by across Europe, and will enable us to systems interoperability with other
exchange operators that use a vertically complete the development of a similar bodies will take time. The links between
integrated model for trade execution, arrangement with x-clear for the London exchanges, clearing houses, CSDs and
clearing and settlement. Stock Exchange,” he says. CCPs will therefore require a great deal
The Spanish, German, and Italian The recent agreement by the London of commitment from the players in the
stock markets derive a substantial part of Stock Exchange (LSE) to purchase Borsa market, of which there are around 60. It
their revenue from their clearing, Italiana will also have an impact on this also represents the first time that all
settlement, and custody activities, and as progress. LSE has already indicated that industry participants have agreed that
such they are often described as following it will be pursuing a “horizontal” they should have a level of basic access to
the vertical silo model. The German structure in which it owns no post-trade each other.
exchange for example, has been offering services. What then, will happen to the The code is far from perfect, however,
both trading and settlement services current clearing and settlement as it does seem to have some structural
since the early 1990s and this 'monopoly' arrangements under the Italian weaknesses, according to Chan. “For
continues today. These practices have exchange, given that LCH.Clearnet is example, there is no distinction between
been criticised for impeding competition, currently the sole clearer for LSE listed core and non-core (competitive) services,
as customers are not given a choice of stocks? which is at the heart of competition
provider for their post-trade services. Despite widespread scepticism about problems that could be caused by market
According to a recent report by the the effectiveness of the code and its infrastructures leveraging their
International Monetary Fund, in 2006, impact on the profitability of the dominance in core services to drive out
four of the main European exchanges European exchanges, most have agreed competition in the non-core services. The
derived a significant amount of their in principle with the idea of opening up market infrastructures are required to
total revenue from these activities. By the to competition. For example, Frank unbundle services, but they are also
end of the year: Euronext had derived Gerstenschläger, member of the allowed to re-bundle. This represents an
1.3% of its revenue from these activities; executive board of one of these endorsement of cross subsidising
Spain's Bolsas y Mercados Espanoles exchanges, Deutsche Börse, has publicly competitive services with revenues from
(BME) had achieved 21.7%; Borsa pledged support for the code and its core services,” she contends.
Italiana gained a significant 35.7%; and goals. “Deutsche Börse Group fully Regardless of its faults, the code does
Deutsche Borse's revenues from clearing, supports the Code of Conduct for represent progress and all of this could
settlement and custody totalled a massive Clearing and Settlement of cash equities. not have been achieved without the
37.8%. These figures indicate that any The code demonstrates the willingness of preliminary work of the Giovannini
significant changes to the clearing and trade and post-trade service providers to Group. In its first report in November
settlement landscape will have a serious work constructively toward an efficient 2001, the group identified the 15 barriers
to cross border settlement in the EU, and However, Paul Bodart, executive vice been slow. There is a growing view in the
in a second report in April 2003, it laid president, Bank of New York Mellon industry that the private sector should
out a strategy for their removal. The Asset Servicing, does not have faith that probably embark in a harmonisation
European Commission has set up the the CESAME working groups on legal effort of the barriers in the hands of the
Clearing and Settlement Advisory and certainty and taxations will be able to public sector and, with the support of the
The links between exchanges, clearing houses, CSDs and CCPs will therefore require a
great deal of commitment from the players in the market, of which there are around
60. It also represents the first time that all industry participants have agreed that they
should have a level of basic access to each other
Monitoring Expert Group (CESAME) to come up with final recommendations by European Commission, come up with a
monitor the progress of the removal of the end of the year, when the two groups series of precise recommendations. The
the barriers in the private sector and it are expected to be dismantled. “The implementation of some of these
has also set up the Legal Certainty group barriers that are in the hands of the recommendations might require the
and the Fiscal Compliance (FISCO) public sector are not being addressed Commission to legislate,” he explains.
expert group to tackle the legal and tax with the required focus. Progress has Despite his concern about the general
barriers. lack of progress towards removing some
Overall, Chan is positive about the of the barriers, Bodart is positive about
work of the Commission thus far, but the work Euroclear has been engaged in
more needs to be done: “A great deal of over the last year. He believes that in its
progress has been made in the definition effort to build a new custody platform to
of standards. However, implementation replace the former platform of Euroclear
is still to start and that may be the Bank, Sicovam, Crest, Necigef and CIK,
hardest part yet. Adopting standards Euroclear has undertaken a massive
means having to make changes, which effort to harmonise the market practices
means competing for the time and of the markets that it covers. “This is an
resources needed for the numerous other important prerequisite for the successful
priorities facing market participants. The construction of the new platform. In my
legal and fiscal barriers are difficult opinion, most progresses towards
because governments need to agree and European harmonisation have been made
to take action. Changing legislation takes in the markets covered by Euroclear -
time, and adopting more efficient fiscal France, Holland, Belgium, UK and
procedures also requires time.” Ireland,” he says.
Six of the 15 barriers have been Euroclear's Kirby adds: “In fact, in
assigned to the private sector to remove, 2008, the Belgian, Dutch and French
adds Mark Kirby, managing director, markets will be the first in Europe to be
Business Model and Harmonisation served by a single processing platform
Division at Euroclear. “One of the operating under Giovannini compliant
barriers has been eliminated and harmonised market rules and practices.
excellent progress is being made by the Even though it is self-flattering to say,
private sector in addressing the the Euroclear group markets are very
remaining five. The most complex of the advanced in driving forward change
five relates to the harmonisation of within the spirit of the Giovannini
corporate actions, which has moved from Group recommendations. We have set a
the planning and design phase to full relatively fast pace of change for our own
implementation across Europe. Trade markets in order to deliver harmonised
organisations such as ECSDA, ECSA, the market rules and practices along with a
International Primary Market single, multi-currency processing
Association (IPMA), the Association of platform covering settlement, custody
National Numbering Agencies (ANNA), and related functions. We aim to
the European Securities Forum (ESF) complete the delivery of both by 2010,
and Swift are to be commended for their with the achievement of several major
efforts in this regard. milestones during the interim period.”
But this growth is not limited to these preparing the T2S user requirements. and encourage the CSDs to compete with
countries, continues Kirby: “We also see This phase involves market consultations, each other and with custodian banks in
excellent progress in the two which will then form the basis for the provision of intermediary and asset
Scandinavian markets (Sweden and drafting the general functional services. More competition is generally
Finland), as they have embarked upon a specifications of T2S. After the accepted to be beneficial for users and
similar programme of platform completion of this next phase, which is investors,” says Chan.
consolidation and market practice scheduled for early 2008, and in The separation of corporate actions
harmonisation as we have at Euroclear.” conjunction with the commitment of from settlement could, however,
All countries have work still to do, says CSDs to join the project, the ECB's represent a problem, adds Dijmarescu. “A
JPMorgan's Dijmarescu, and the nature governing council will decide on the lot of the debate right now between
of this work differs from country to specifics of the development phase. CSDs and the T2S project team is around
country. “Some have more to do on the T2S will be developed and run on the whether corporate action services can be
technical side, while for others, changes same technical platform as Target2. separated from pure settlement services,
to legislation are required. Sometimes it According to the ECB, the four national without the need to duplicate data
is all about changing practices that work central banks - Deutsche Bundesbank, maintenance and hence increase the
well in the domestic context, but prevent Banco de España, Banque de France and overall cost of the services. This is a
cross border trading, so the difficulty Banca d'Italia - are ready to develop and crucial aspect of T2S that will need to be
resides in changing mentalities. The operate T2S on the system via the single clarified as soon as possible.”
registration process in Spain is a well shared platform. The ECB has also If approved, the launching of T2S will
known example of a local specificity clarified that T2S will be purely an IT most likely trigger further consolidation
which will be impossible to tackle in the settlement service operated by the in the securities industry, not only
absence of changes to the legal Eurosystem and rather than being among the CSDs, but also among the
framework in Spain, and also agreement competitive with CSDs, it will be used by market players, says Bodart. “For smaller
from the domestic community to change them for the benefit of their customers. It CSDs it might become difficult to
something that works well in the therefore neither constitutes a CSD in support the system developments
domestic context,” she explains. itself, nor is it planned that T2S will required to connect to T2S. T2S should
A great deal of progress has been made in the definition of standards. However,
implementation is still to start and that may be the hardest part yet. Adopting standards
means having to make changes, which means competing for the time and resources
needed for the numerous other priorities facing market participants
Another rather more controversial become one in the future, the ECB states accelerate further reduction of
proposal by the European Central Bank in its recent update. transaction fees. Margins in the asset
(ECB) with regards to clearing and Citi's Chan elaborates: “T2S is a public servicing business will be negatively
settlement has been extending the sector led project whose aim is to make impacted and this should result in
concept of the Target2 consolidated settlement more efficient, by providing a further consolidation in a business where
payments system to securities. Dubbed single platform for CSDs to outsource scale matters,” he speculates.
Target2-Securities (T2S), the plan settlement processing. The T2S platform Overall then, it seems that some
involves replacing the current private will be non-mandatory for CSDs, CSDs progress has been achieved by the
sector domestic clearing and settlement are free to choose to join T2S or not. T2S industry towards removing a number of
platforms with a single state run pan- will accelerate harmonisation of market the barriers, but much is still yet to be
European platform. practices, bringing efficiency to the back done. Projects such as T2S and the
The ECB conducted a feasibility study offices of market participants. T2S will Commission's code appear to represent
last year, which estimated that the be a new way of working, and will create both threats and opportunities for
introduction of T2S would reduce the opportunity for market participants who market participants, but the long term
cost of settlement to 28 cents, thus embrace the change and are quick to effects of these initiatives have not yet
saving EUR300 million a year. However, extend service offerings, target new been fully revealed. Nonetheless,
these estimates have since come under customers, and join with others to Euroclear's Kirby is positive about the
fire due to the fact that they are based on provide superior new service future of the clearing and settlement
2006 prices but the system is not due to propositions.” landscape: “We remain convinced
go live until 2013, by which time prices Due to the fact that T2S has been that removing the Giovannini Group
may have fallen by other means. pegged to only provide settlement barriers will help significantly to
On 8 March 2007 the ECB's services, other services such as corporate provide a much more efficient and
Governing Council decided to launch the actions and issuer services will continue less expensive settlement infrastructure
current project phase, which consists of to be provided by CSDs. “T2S will enable for Europe.”■
ASIAN FUNDS
Sparking A
to 154.45 per euro and 115.50 to 114.36
economy and ever more attractive per dollar. China and Hong Kong fared
regulations in the region, hedge slightly better due to capital controls
fund investments are no longer the only protections.
viable option for outside investors. A Sparked by turmoil in the US sub-
ASIAN FUNDS
in Asia must be prepared for these kinds managers. Fund, an open ended pan-Asia Pacific
of jumps and drops. It is not unusual to “At this point, it is getting more and fund for institutional investments and
see gains or slides of 5% in Asia, due to more difficult for fund of funds to invest pensions. They plan to provide buying
instability and a hungering market. their money in US and euro funds, power to over USD1 billion by the year's
“Overall, investors are still confident in forcing them to look elsewhere. It is end. 3i Group is establishing an India
Asia,” says James Colclough, a senior therefore unsurprising that funds based focused infrastructure fund, targeting
partner at Austen Morris Associates, a in Asia would rise to meet the huge USD1 billion, and has indicated it will be
financial advisory company registered in demand for their services,” he adds. an unlisted vehicle. The group intends to
Hong Kong with many expatriate clients. Funds have been popping up all across invest in power, ports, airports and road
China's special economic zones, Asia, as if following Starbucks' projects early on, with mature
Shanghai, Tianjin, Beijing, Chongqing expansion model. For India, only around infrastructure operations planned for the
and Guangzhou, are allowing for more a dozen equity fund managers were future.
flexible and traditional development considered competitive in 2004, however, Asia Alternative Asset Partners,
patterns. South Korea and Taiwan's open now there are over 150 different fund known as AAA Partners, an alternative
policy is welcoming to foreign managers putting money to work, fund company, and CLSA Asia Pacific
investment and India's government and according to a portfolio director with Markets Group, a financial service
restructuring policies have been CDC Group, a UK government backed provider owned by France's Crédit
favourable for the global economy. Other firm that invests in private equity funds Agricole, has begun an endeavour to
countries, such as Vietnam, Indonesia and in India. provide global distribution to fund
the Philippines, seem to be taking cues The market has also grown in China. managers focused on Asia. Together they
from the larger centres of financial More than 90 hedge funds currently plan on investing USD150 million in the
attention and are doing what they can to invest in the greater China region, next year, committing to a wide range of
attract more sustainable businesses, with managing roughly around USD12 investment strategies for Asia.
wealth generating systems. billion, according to Eurekahedge, a Deutsche Bank, Bank of Montreal of
“Investors have become bullish about London-based hedge fund research Canada and the Belgian-Dutch group
the Asian economy,” Colclough states. company. Asian hedge funds are already Fortis Investments all have fund
“After their interest in Eastern Europe worth USD150 billion a year and management joint ventures in China.
and Latin America, people who are significant growth is expected over the And China's state investment agency has
turning to Asia want less risky next couple of years. invested USD3 billion in private equity
investments in broad mutual funds, stable With China's average annual growth of firm Blackstone.
blue chip shares and good companies.”
Others agree, as more funds have
gathered in the Asian market, inflows Despite the ups and downs of the Asian market,
have given rise to greater possibilities for
hedge funds, venture capital, equity funds
investment potential still remains strong
and pension funds, allowing for more 8-10%, it's no surprise that there has been Companies that serve these top funds
breakthroughs in alternative and a rise in number of new fund managers and their management infrastructures
traditional fields and greater foundations and investments in the country. China is have begun to follow the trend towards
to the developing market. a model of the new Asia, with a large moving into Asia so they can better
Many investors, who had previously population with low penetration rates understand and serve the needs of their
avoided the Asia market, due to its and liberalising capital markets, says Lou clients in these new markets. Adventity,
instability, are finding it hard to ignore Gerken, founder of Gerken Capital an Indian-based outsourcing company
now. “Recently, we have seen a dramatic Associates, a San Francisco-based specialising in high end research and
increase in demand for Asian hedge funds alternative asset funds company. Gerken's analytics for top investment banks, hedge
on the part of the fund of funds, so much company, which has USD1.4 billion funds, and private equity shops, has seen
so that in nearly every meeting we attend under management, launched its greater an immense increase in interest in Asia
this topic is discussed at length. One big China hedge fund in 2005, and is since its creation in 2004.
reason is that the opportunities in the US currently in the process of launching an As of last year, a significant trend has
and in Europe are getting more difficult Indian hedge fund. brought a proportion of deals from
to find, just as fund of funds themselves Other companies have also been technology media and
have more money to put to use. This, in making adjustments to target Asia's telecommunications markets into other
turn, is caused partially by the rapid spike funds business. JPMorgan Hedge Fund sectors, according to Joseph Chan, a
in hedge fund interest itself, prompting a Services has hired two ex-Fortis partner at law firm Pillsbury Winthrop
tremendous number of hedge funds to executives with intentions of expanding Shaw Pittman's Corporate and Securities
spawn and be funded,” explains Randy its business in Asia. practice, which represents clients'
Shain vice president at First Advantage Prudential's PRUPIM and LaSalle securities transactions, private equity and
Investigative Services, a US-based Investment Management, two of the venture capital investments. One such
company whose business involves world's leading property fund managers, company is the Shanghai-based Home
researching backgrounds of hedge fund have joined up to form the Asia Property Inns and Hotel Management, founded in
ASIAN FUNDS
2002 to satisfy a customer base not as deals abroad worth USD3.68 billion in Chinese regulators have taken a few
interested in outer luxury, he says. the first half of 2004, USD25 billion in steps to stem the tide, as various pilot
“It's in an area where growth and 2005, and aiming to pass the USD100 programmes have been set in motion to
innovation are important,” Chan says. billion mark by the end of 2007. allow more of the country's foreign
The hotel chain has opened 26 new hotels “Any economic boom or growth in the exchange reserves to flow overseas. For
during the second quarter alone and companies will go into banking sectors example, in July the government decided
revenues for the quarter increased 67.8% and emerging markets,” says Adventity's to allow individual mainland investors to
year over year to USD30.6 million. Home Patankar. “Banking sectors fuel other directly buy Hong Kong securities. This
Inns' initial public offering last October developing areas. Case in point, look at pilot programme while currently limited
was at 7,900,000 American Depositary the global 500 list; starting from 2002 to to the industrial port city of Tianjin and
Shares (ADS), each representing two 2007, you will see a lot of the emerging to USD50,000 per year per investor, is an
ordinary shares, priced at USD13.80 per market and Asian companies creeping up. indication of the way things are going.
ADS. Sinopec and China Mobile are a part of A bigger programme is the Qualified
Adventity's success is owed in a good the trend. These companies have gained Domestic Institutional Investors (QDII)
part to the growing Asian market. “The market shares, and have ridden the programme, under which banks, mutual
market is driving intuitional economic boom in their local markets. funds, pension companies, insurance
organisations, banks, and investors to Investors have been making a lot of firms and other institutions receive state
move into emerging markets and set up money, as the mix of the global fortune quotas they are then allowed to invest
payment solutions,” Patankar continues. will increase with confidence. Long term overseas. In May, the Chinese
And it's not just the hedge funds that are view is that capital inflows will ultimately government modified the QDII
making the trend towards increasing lead to fundamentally strong companies regulations to affect where funds could
interest in Asian markets. “Venture in the next few years.” flow. Participating banks can now invest
capital funds and private equity funds
have been increasing their portfolio
investments for the past few years,” Chan
It is not unusual to see gains or slides of 5% in Asia, due
explains. “For venture capital funds, to instability and a hungering market
technology, media and
telecommunications remain the main in any overseas stock markets that have
focus in Asia, although, increasingly, the Asia has seen a substantial growth in signed a memorandum of understanding
trend is to diversify to the traditional its infrastructure in traditional markets, with the mainland government. So far,
sectors, including energy, health care, as countries try to keep a balance that is limited to just the Hong Kong
medical equipment, pharmaceutical, even between foreign and domestic capital in Stock Exchange, but experts predict that
auto services.” their markets. The public listing of other overseas stock markets will soon
This shift of attention to other sectors domestic companies in traditional areas sign similar agreements with China.
of development is one of the effects of a fosters confidence in those market fields On 5 July, the China Securities
growing competitive imbalance on Asian that don't rely so much on technology Regulatory Commission expanded the
funds. Chan says investment into Asia is and foreign investment, according to programme to include securities and
comprised mostly of American capital, Austen Morris's Colclough. Investments fund management firms. However, as a
where technology media and are entering Asian markets, result of the fast growth of China's
telecommunications remain a key strengthening them domestically, leaving domestic stock market, investors haven't
developmental focus. However, the area and then bringing it back in, been as interested in international
competition in this market has driven giving stability to the region. investments as the government had
valuation high. “With [companies like] “Everyone has seen what happened hoped. In fact, during the first half of
MySpace and social networking with the Asian financial crisis,” Colclough the year, government statistics show that
emerging in Asia and demanding a huge says. “But countries are in a more stable banks used only 26% of their total 50
premium, high valuation equals high position with more foreign reserves billion yuan (USD6.6 billion) overseas
risk,” says Chan. “Technology, media and operating on an exchange system that is investment quota.
telecommunications is still strong, but more flexible.” However, for the moment it appears
other areas are opening.” The greatest threat to the valuation of that Asia is faring rather better than its
Asian funds are also starting to move the Asian currencies sits with the closely western counterparts in the sub-prime
out of the region more aggressively, with tied relationship between the US dollar crisis, although it will not escaped
the takeover of foreign brands bringing and the Chinese yuan. China has unscathed. It also seems that most of
increasing value to Asian markets. threatened to dump its reported the region's economies are much less
Indian-based Tata Coffee recently bought USD1.33 trillion dollars of foreign vulnerable to capital outflows than
out Eight O'Clock, the third largest currency reserves, while accumulating a they used to be and bank lending is
coffee chain in the US, for USD220 positive trade imbalance with the US of growing at a more controlled pace.
million, similar to the way Tata Tea around USD123 billion, averaging Overall, Asia's prudence over the last
bought Tetley Tea in Britain in 2000. around USD20 billion a month since the 10 years has paid off and this looks set
M&A growth is expanding, with India's beginning of the year. to continue.■
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ISJ24 pp24-41 ML 6/9/07 4:24 pm Page 30
US CUSTODY
A
future will provide more opportunities A major factor where businesses are
global markets. Indices have than obituaries. coming up short is that although
become more volatile than a According to Craig Dudsak, managing legislation has made it easier for
Molotov cocktail, and the financial press director of Citi Global Transaction employers to automatically enrol
has descended into shock and awe tactics. Services, the North American market employees in 401(k) plans, businesses
However, for a mature market such as the represents more that 50% of the world's that sponsor these plans are now at
US custody market, the latest industry wallet. It is therefore easy to presume higher risk from either class action or
wobble as a result of the sub-prime that the US custody business has little employee lawsuits (or both if particularly
mortgages crash will hopefully be no prospect for growth because it is already unlucky) due to the US government's
more than a market correction, rather a large, mature marketplace. However, broader definition of fiduciary
than something more serious. At any such players as JPMorgan are forecasting responsibility. Those baby boomers that
rate, it is something that the largest, most healthy increases within the market of up discover that despite diligently saving for
dynamic market in the world should be to 15%. 30 years or more, their various
able to handle. The sheer size of the Jay Martin, senior vice president, US investment choices have not gone their
market allows for periods of high custody product executive, JPMorgan way and suing the company becomes a
volatility to not be significantly Worldwide Securities Services, sees three simple choice. Therefore it will be
damaging, and while some may have lost major factors spurring on this double unsurprising to see a renewed interest
their shirt during the past few weeks, for digit growth. Baby boomers now realise from this generational segment in the
many in the US custody business, the
30 INVESTOR SERVICES JOURNAL
ISJ24 pp24-41 ML 6/9/07 4:24 pm Page 31
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US CUSTODY
custody business, providing new in this vanguard of asset classes, to maintain multiple operating platforms
opportunities for growth for the investment managers have to push the or cobbling together patches of
custodians themselves. envelope on the types of fund structures antiquated technology does not produce
These changes in attitude, mainly due they manufacture. New asset classes value to the client. Technology
to trial and error, mean clients are more create new demand and new service investment that continues to enhance and
aware of the risks involved with their challenges. JPMorgan has developed produce leading edge solutions does add
pensions and other assets. Custodians JPMorgan Hedge Fund Services in order value to clients. If the entire technology
will be pulling out all the stops to ensure to assist hedge fund managers, budget is spent on applications that apply
they are seen as honest, well recognised combining and building on technology directly to the client, that is a much better
and trustworthy institutions that appeal from Paloma Partners and JPMorgan investment.”
to the baby boomer demographic. Rather Tranaut. Undoubtedly, some of the technology
a sensible but charming fund manager It also developed the industry's first budget of the large custodians will be
than a brash and exciting hedge fund full service solution for derivatives spent on acquiring smaller boutiques.
manager (although some pension funds collateral management, back in 2005. The trend where smaller custodians and
are in the hands of both Cadillacs and The military sounding JPMorgan service providers that lack the
Corvettes). In addition, Dudsak states: CommanD aims to help clients manage professional, financial and technological
“The jobs of financial officers grow more the complexities of using collateral resources, which are so vital in an
complex, leading them to look to their against OTC derivatives trades, better increasingly complex market, are
custodian to be both the keeper of assets mitigate credit exposure and increase consumed by their larger counterparts
as well as the provider of critical derivatives trading cost effectiveness. will undoubtedly continue.
information and to provide timely and Complexity has driven this innovation. In Dudsak's view: “The continuing
accurate information in a useable format Dudsak of Citi reckons the trade pressure on costs driven by the need for
that requires no manipulations. As a lifecycle of a credit default swap is more sophisticated technology and staff
expertise is leading both to consolidation
of providers and to more joint ventures
We are seeing an influx of capital to the US by Asian and and alliances. Expense pressures on asset
managers that have placed considerable
Latin American countries that have relaxed their strain on pricing will continue. At the
same time, clients are putting much more
restrictions on cross border investment emphasis on the aspects of timeliness,
accuracy, proactiveness and
result, clients can meet their twin profoundly more complicated that that of responsiveness of customer service. The
objectives of regulatory compliance and a bond. ”This complexity needs new next wave of change will expressly aim
internal cost management.” skills, technologies and operating risk to deliver a clear value proposition
Martin's third reason for double digit management tools, he explains. “In centred on performance and quality
growth is the sudden growth in addition, the drive for greater returns has service backed by a value for money fee
alternatives. Conover of Northern Trust resulted in asset managers trading in structure. In this new age, clients will
says the continued rapid growth of more sophisticated, complex and higher demand tailored solutions that provide
alternative assets is a great challenge for risk instruments like derivatives that measurable results.”
custodians: “Admittedly, the response has require risk mitigation and control It seems impossible not to talk about
been uneven thus far, given the products.” size when talking about US custody, yet
complexity and speed with which these Predictably, there is often a belief that size may not the be all and end all. As
vehicles are being created.” He gives two some custodians will fall by the wayside Martin of JPMorgan states: “We expect
impacts for the varied responses. The in the drive to keep up with the large a new marketplace with two types of
first is that custodians have had to scale technological investment needed to providers - large, well established and
respond to existing client needs by satisfy demand. Those who do not beef funded players and smaller, boutique type
servicing and processing alternative up their technology budget will lose out. firms that cater to a localised market. The
assets, for both the manufacturers of the This perhaps is why people continue to most successful providers in the future
products and investors. The second is predict the downfall of the wrong will be the firms that can bring together
that custodians have been forced to custodians. “It is possible that some a truly integrated global end to end
become more proactive in anticipating custodians may fall by the wayside, just range of services, or small firms that
the needs of future clients that wish to maybe not the ones that people expect,” have deep local experience. We look
invest in these new asset classes. At Conover explains. “There is a smoke forward to seeing the market progress.”
Northern Trust, this means the screen of size equals scale in this The main question, especially with the
development of reporting around private industry, but it is not the size of the current financial climate, remains: will
equity partnerships and programmes to overall technology budget that will the financial behemoths consume
help clients manage their collateral determine a firm's success. How that everything, or will the boutiques survive
requirements for OTC derivatives. budget is strategically allocated is much on the new opportunities that exist in the
In order to maintain a strong position more important. For example, spending custody market? ■
Electric avenue
Our panel of experts ISJ
discuss the
technological
PANEL DEBATE
developments in the
global custody
Custody and
market Technology
Christian Hudson, Swiss American Securities Incorporated
With over 12 years of experience in the financial industry, Christian Hudson currently leads Swiss
American Securities Incorporated’s (SASI) Information Technology group as chief information officer. He
has been instrumental in SASI's e-business initiatives, from the formation of business and technical
plans to the launch of several new products.
Which technological developments have most communicating via XML messaging and hand, these volumes have been made
affected the custody market over 2007? online information has started to catch up possible because of the high
the custody market. That has opened up technological capabilities we have in
Hudson: SASI continues to focus on a new possibilities and made it possible to place in the Nordic countries. It is
number of technology enhancements in add more complex value added services evident, that it is in everyone’s interest to
order to support our customer centric that could be tailored to individual ensure the capacities are in place to deal
focus. These include outsourcing, clients’ needs. And clearly, Swift’s new with any surprising fluctuations.
regulatory compliance, security and the XML standard messaging (MX) has been
expansion of our range of markets and an interesting topic in the industry. And Modigh: Even though it may be difficult at
services. I believe most major players in when that picks up speed, it will this stage to refer to them as
custody have been busy in these areas. definitely affect the industry, even though developments, I would say that the
One technology development that may I feel that it will take its time. discussions regarding Target2 Securities,
have affected the custody market this year But my view is that changes in the MiFID and Project Turquoise have had
has been the industry’s willingness to market have affected the technology the greatest impact on the custody
consider buy versus build options. In this more than the opposite way around. market during 2007.
fast changing environment it has Areas like MiFID and the Giovannini Target 2 Securities, given that no final
sometimes become necessary to consider barriers, and the changes they have on decision has been made, has led to
best of breed external solutions, rather the industry should not be forgotten. In uncertainty on what the future of the
than costlier, more time intensive in- the Nordic region, we have experienced European landscape for clearing and
house builds. This has created another record volumes during the last year in the settlement will look like, which has
technological phenomenon where sub-custody industry (a record growth of impacted developments and investments
integration and implementation of core almost 200% in transaction volumes since of systems and infrastructure. This is
systems and processes now can account January 2006 in Nordea alone), which especially true in our home markets,
for a substantial portion of a business have put pressure on the industry to where NCSD runs the depositories in
group’s effort and budget. further develop the technological and both Sweden and Finland and are
Mattsson: Definitely the way of infrastructural capabilities. On the other currently consolidating the activities of
the CSDs. With Finland being a euro Competition, consolidation and the changes in customers’ needs.
market and not Sweden, there are globalisation in the custody marketplace Investments in technology are also
questions on how this consolidation can are driving custodians to spend more on needed to continuously support new
be done with Target2 Securities, which technology in an effort to differentiate market regulations and mandatory
will to our understanding initially aim for themselves from their competitors. market practice. Furthermore, the
the euro markets. Custodians are focusing on providing ongoing restructuring in the financial
However, if Target2 Securities has solutions to their clients in the areas of sector, M&A activity keeps many
raised questions that have yet to be enhanced client servicing, risk organisations busy spending money on
answered there are other activities that management and regulatory compliance. technology. These are good reasons to
have compelled custodians to implement conclude that the custody business is
and commence technological Mattsson: Definitely, yes. The increased increasingly technology driven, being the
developments. MiFID demands service demands from clients, together only way that custody organisations can
structural upgrades and the high increase with tougher competition and lower achieve the scale and the efficiencies that
in trading volumes is also an incentive for prices are driving the industry to greater they need to effectively service clients
providers to ensure that their systems are creativeness in finding solutions. The and at the same time get the flexibility
top notch. increased requirements from clients on benefits required to remain competitive
Project Turquoise is also interesting, further automation of corporate actions, in this marketplace, in addition to
major banks have created a pan-European especially, are resulting in extensive complying with new regulations.
trading platform with a set up for investments for custodians and we see
clearing and settlement. This platform is that this trend will continue to increase in Fors: Yes, custodians are spending more
supposed to offer trading at lower cost the near future. I also believe the record on technology than ever and I believe this
than the national exchanges. If the volumes we have recently experienced will be a continuing trend. Custody is
project is successful we can expect are an important driver for technological becoming more and more complex with
trading flows from the local markets to improvements in this industry and are an increasing number of markets and
move onto the Turquoise trading forcing some players to spend more on more complex instruments. Our clients
platform. technology than anticipated. invest more into alternative investments
and the demands from clients concerning
Penne: The main issues here could be the Modigh: It is hard to speak for the market accurate information will continue to
new Swift standards ISO 15022, the in general, but I believe that high level grow. Clients will be looking for
significant Swift 2007 changes and the spending can be seen throughout the compliance reporting as well as
implementation of MiFID. markets. This is due to several reasons. performance reports. Risk monitoring
First and foremost it is because quite a will be of increasing importance and this
Fors: I believe we have a number of areas number of custodians run systems on old means that custodians will have to enter
that have taken up most of the platforms. With the increased into to new fields in order to service the
technological developments during 2007. requirements for harmonisation and clients.
Continuous development within the area adaptation to new products and
of corporate actions is a very major area, regulations, these old systems cannot Who is at the cutting edge of technological
the increasing demand for handling of cope and need to be replaced. The costs development in this space and who dominates
alternative investments is also for such changes are high and this is the the market? Why?
increasingly important and, of course, main reason for the high spending on
the specific changes due to MiFID. technology we see today. Hudson: The larger custodians have huge
Two other factors behind higher budgets, big project teams and very
Are custodians spending more on technology spending is the increased competition expensive systems. This can lead to very
than ever before? What is driving this? among custodians and the search for advanced systems infrastructures, and it
increased cost effectiveness, which can be can also lead to a level of inflexibility
Hudson: Without question! This is driven found in consolidation and the higher that does not serve the client in an
by the need to accomplish more with the efficiency of new systems. optimal manner. I think you can
same resources. What I mean by this is differentiate the players that are
many custodians, SASI included, have Penne: Yes, we believe custodians are primarily concerned with scale and those
seen a dramatic rise in the amount of day spending more on technology, and that that are concerned with the client – Swiss
to day activities requiring administration there are several drivers for this. The American can be found in the latter
by the same amount of staff. For this customers expect custodians to excel at category.
reason, other business units within the traditional custody services and provide
company look to technology to do more increasingly complex value added Mattsson: In general, I don’t see that any
with the same number of people. By services tailored to clients’ individual specific player is at the forefront of the
spending more on technology and, in needs, at lower and lower prices. This technological development in the custody
turn, automating more processes, firms requires custodians to improve their own industry. Of course, different players
are attempting to use human resources in cost efficiencies, and build in flexibility in have different strengths in the industry
the most efficient way possible. their systems so that they can adapt to and it depends very much on the region
Choice.
sasimkt@sasiny.com l Tel +1.212.612.8700 l Fax +1.212.612.8885 l 12 East 49th Street, New York, NY 10017
Member New York Stock Exchange, Nasdaq, NASD, Principal Regional Exchanges, and SIPC
ISJ24 pp24-41 ML 6/9/07 4:42 pm Page 38
you operate in. And in the end it’s about level of functionality. Another area of organisations busy finding acceptable and
matching price with functionality, quality, client concern has been the fact that these workable solutions for the merged unit,
and speed. newly combined organisations have even and hopefully concluding to migrate to
In the Nordic region, the markets are larger and more complicated one common system. Although
fragmented and require in many ways a infrastructures, which do not lend economies of scale and increased
local approach to assessing the themselves to client level customisation. efficiency often are the key drivers in an
requirements for technological acquisition, we believe that in the initial
development. Nordea currently runs our Mattsson: Based on our own experience as stage after an acquisition/merger the
own internally built custody systems in a bank formed by merging four local organisations typically do not have the
all of our locations but with some banks with custody operations cross time to develop and migrate to more
common processes, which we feel has border, we can say that local modern and flexible solutions. Therefore
brought the full benefit to us to meet the infrastructures still are at the centre of is plausible to assume that the M&A
above mentioned requirements. the demands placed on us. This in turn activity among banks slows down a move
has led us to emphasise a common towards more modern and flexible
Modigh: From a custody provider reporting layer to act as a regional solutions, while investments in
perspective I would say that the US custodian. Good interfaces and technology remain high.
global custodians are the frontrunners integration possibilities within a cross Our experience is also that migration,
when it comes to technological border bank in four separate markets are where both merging units have relatively
development. Mainly because they have of utmost importance to ensure good modern and flexible platforms are still
the highest spend on technology based connectivity across borders. So, very costly and complicated, partly
on their size as providers. technology providers that could supply caused by technological factors, but to a
platforms with very good integration large degree due to differences in how the
Penne: To date, the custody market has possibilities will definitely have a great systems and data are set up
been predominantly supported by
internally developed solutions, many of
which are over 20 years old. DnB NOR
The discussions regarding Target2 Securities, MiFID and
made the decision to invest in an external Project Turquoise have had the greatest impact on the
product and reviewed several solutions in
the market. After a very detailed and custody market during 2007
extensive process we decided on
Information Mosaic’s product, converg-e. advantage. With that said, I believe
We selected Information Mosaic as the potential infrastructural changes like Fors: In the Nordic region, we have a very
party that best served our needs to Target2 Securities and Swift’s MX limited number of mergers between
support our business requirements, standard will have an bigger impact on banks but those that have been have
volumes and extensibility for the future the technology platforms than actual resulted in a fairly slow consolidation of
based on their significant focus and M&A among banks. platforms, I believe this will pick up
investment in the custody sector. speed, as cost pressure and critical mass
Modigh: Hard to say, as Handelsbanken will push for reduction of the number of
Fors: As I see it, there is no specific IT does not have any experience with M&A, platforms. This is also affected by the
company that is in the lead in the Nordic but I would think that a merger between creation of more centralised operational
region, within specific sectors you can two custody operations is an opportunity set ups and the cross border activities
find dominating providers like SimCorp to adapt the systems. There can be that are very important today.
and OMX. several scenarios, either you can stay as
you are and build a link between the two How is tighter regulation of the custody
How are M&A among banks with custody systems, you can use the better existing market influencing technology platforms?
operations affecting technology platforms? system of the two banks, which can be
sensitive for the business ‘ loosing’ its Hudson: Adherence to regulation is
Hudson: Consolidation has, in many system, or you can take the opportunity obviously key to supporting our clients
instances, led to opportunities for those to invest in a completely new system. The and our business in general. Technology
who remain cognizant of the third option is probably the best provides the solution to changing
requirements of their existing and depending on the scale of the business. regulatory requirements by allowing
prospective clients. Consolidations have However, it is also worth to note that rapid adoption of the necessary changes.
resulted in custodians having to change there is a backside to M&A. There is a It also allows us to work closely with our
their focus from customers to trying to challenge with initially higher costs and clients to understand the regulations.
manage various disparate technology the risk that focus is taken away from the Lastly, clients can be confident knowing
platforms and processes. Additionally, business and much time and energy that our cutting edge technology ensures
clients in many of these consolidations instead given to the consolidation. that we are always compliant with
have had to migrate from one offering to Penne: The constant move towards bigger changes in regulations.
another, at times offering a diminished units in the financial sector keep a lot of There has been a heightened
requirement for access to a diverse set of against the trend of continuous lowering interfaces that the custody industry
information on a timely basis. This of prices in the industry. would adopt and accept, and the vendors
information is required internally and Modigh: As mentioned in the first would bring competing solutions to the
also needs to be available at the client question, I believe that tighter marketplace.
level. This has added another level of regulations are one of the driving forces If, however, tighter regulation is
technological support across all for custodians and depositories to replace expected, but uncertainty prevails about
platforms to facilitate a new level of
regulatory compliance. Target 2 Securities has led to uncertainty on what the
Mattsson: Tighter regulation naturally future of the European landscape for clearing and
increases the pressure for us to make sure
there are no technological loopholes.
settlement will look like
Technology platforms both need to be old systems and invest in more modern what regime of regulation would come in
open and flexible enough so that different technology. Also for those with relatively place and how it will be implemented, the
regulatory bodies get the reporting that new systems, changes in regulation can opposite can very well be the case for a
they want. At the same time, systems are mean an increased cost for technological longer period of time. You may say that
required to be ‘closed’ in many other development. the Nordic region and also Europe have
respects. But regulation will always be an been, and will be in this limbo position for
important factor when considering all Penne: Increased regulation puts pressure some time now. Therefore lots of money
kinds of development in the industry. on the developments required to conform has been and will be invested in building
And tighter regulations usually add an to these changes. In an ideal world, tight flexibility and contingency into systems,
extra cost factor to both new projects to and predictable regulations could lead to some of which will be well spent money,
the maintenance of systems, which goes development of standards, protocols, but nevertheless, huge amounts will be
Nordea Bank AB (publ)
Making it possible
ISJ24 pp24-41 ML 6/9/07 5:30 pm Page 40
money wasted. As we see it we do not reconsolidation of technology sectors. At as member concentrators in Swift, and
have a choice. Systems must be flexible, the same time, a number of medium sized possibilities to share infrastructure where
as the new messaging and industry vendors with strong industry focus are it is not seen as a competitive advantage
standards are constantly placing new experiencing high growth. We do not to have it in-house.
demands on systems. In the future there have any strong views on this but tend to I also believe the road to success in the
will not be less regulation but more. believe that while there will always be next couple of years in the custody
consolidation, we believe that buyers will business will be to be able to help our
Fors: Tighter regulation and have more choice of vendors in the clients in their whole business. This
harmonisation of the infrastructure will future. includes other services packaged
mean that we will see more and more together with custody and in many ways
standardisation and that there will be Fors: Yes, due to the standardisation and further integration of systems with that
more platforms and they will be similar need for cost efficiency we will see of the clients. And in order to do that the
to each other. consolidation between providers. technology needs to support integration
between these different systems and
Is there likely to be consolidation in the What will the technology sector of custody services.
technology providers to the custody business business look like in five years’ time? Where is
over the next few years? Why/why not? the next area for growth? Modigh: I think that in 2013, we will have
come quite close to a harmonised
Hudson: There is a natural cycle at work Hudson: At present, we are looking at all European platform for clearing and
here where innovation often takes place the client service areas that exist within a settlement. Banks and brokers will be
in small, more nimble companies, much normal custody business and attempting able to connect directly to the
like SASI, and is then either copied or to build better systems for each area. Fast depository/operator of such a platform.
This means that the role of custodians
will change. More focus will be put into
By spending more on technology and, in turn, automating specialised and regionalised products and
services, for example linked to servicing
more processes, firms are attempting to use human hedge funds. This will also mean changes
resources in the most efficient way possible for the technology providers and I think
that the market for systems related to
acquired by larger organisations. forward five years and my guess is, clearing and settlement may decrease,
The large providers will tend to get instead of focusing on improving service while corporate action related systems
larger because of the cost efficiencies in an area like corporate actions, we will and systems related to management of
they are able to offer. The second tier be much more driven to integrate derivatives and other instruments of
providers will probably have to assess business intelligence tools across all interest for hedge funds will increase.
their offerings and make some strategic areas to allow clients to access
decisions based on their value proposition information at whatever time, and in Penne: We selected a product that enables
and how they want to differentiate which ever way, they need it. us to run multiple business units from the
themselves. In the secondary spaces some In the next five years, there will be one platform, allowing us to look at our
firms will most likely decide to specialise even more standardisation and business through internal growth but
in a certain market segment or product. globalisation and as a result custodians also provides the potential for external
There is also the strong possibility that will have to provide an even greater level growth. We expect that some custodians
certain strategic alliances will be forged of client service and support. This will provide a service to their clients to
in the near term. support will probably require a closer manage their assets directly through a
relationship between the business and service offering.
Mattsson: I see that the number of technology groups in both provider and
custody providers in Europe will recipient organisations. Technology will Fors: The sector will be growing and that
decrease in the coming years. This will be much more focused on providing is mainly in the area of outsourcing
undoubtedly in the end affect the number access to information and solutions to the services, like fund administration, but
of technology providers and cause them global process. also services and products supporting the
to develop in the same direction. increasing complexity of investments.
Mattsson: The greatest challenges are, in Investors will be looking for additional
Modigh: I think we today see consolidation my view, in the area of corporate actions. reporting covering a wider area than
in all business areas in order to build on But other services will also definitely today. Products that will be able to assist
scale and the technology providers for change, such as web solutions that investors in monitoring risk will be of
the custody business will not be excluded compete with Swift in communication crucial importance. We will also see
from this. with clients. The constant pressure of continuous pressure on efficiency and
lowering costs will result in more cost reduction and that means that IT
Penne: The recent taking private of possibilities for solutions that facilitate development will be of great
SunGard may mark the beginning of the different service bureau services or acting importance.■
/PSEJD#BMUJD&YDFMMFODF
SEB is the leading provider of custody and clearing services in the
Nordic/Baltic region.
Business is built on long standing partnerships with our clients.
Our commitments are efficiency, reliability and providing the highest
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For further information please contact: Global Head of Custody Services: Göran Fors,
goran.fors@seb.se. Head of Sub-Custody Client Relations: Ulf Norén, ulf.noren@seb.se.
ISJ24 pp42-61 ML 6/9/07 6:30 pm Page 42
SWIFT IN 2007
SWIFT IN 2007
our service model need to be revisited. As their back office must know about.
we have expanded our product portfolio Customer segmentation and targeting is
and geographical reach, our customer also being implemented through the
base has become much more diverse,” he restructure. “Our new organisation Those 2010 market
explains. reflects customer centricity through initiatives in full
“Our traditional service model, for customer segmentation, with a value
example, has a significant impact on our proposition for each segment,” says (and progress in 2007)
customers. As we moved to SwiftNet, a Campos.
lot of the responsibility for ensuring that JPMorgan's Rothschild is a proponent ■ Corporate access: Swift's
the technology worked as it should was of Campos's agenda: “Lázaro nicely enhanced corporate to bank
left to the customer. You want to connect summed up the key execution agenda for access model became live and
to Swift? You have to go to a network Swift: first, continue to manage and help commercially available after a
partner to choose a network solution; you the industry understand Swift's role in three month pilot in January.
need to go to a service partner for complying with regulatory requests of ■ Trade services: JPMorgan and
BNP Paribas processed the
integration. We should become a one stop all sorts, and second, to be more customer
first live interbank end to end
shop service. There are good historical focused as the Swift community competes transaction through the
reasons for what exists, but we need to for more and different types of SwiftNet Trade Services Utility
revisit our service model,” he continues. customers. And that in turn suggests the (TSU) in April this year.
Campos is certainly qualified to make need to shape a culture that is quicker to ■ Target2: The Eurosystem has
this assessment: he joined Swift in 1987 respond to competition, a little more decided to use Swift
and was appointed head of the Banking commercial in its nature and focus, and messaging services for the
Industry Division in 2003. Moreover, he continuing to ensure it's all about communication between the
has over 20 years of experience in 'making it easier' for their customers.” banking community and the
international banking and financial One of the key segments in his plan is Single Shared Platform.
services and has held a number of other Swift's traditional area of focus: the ■ SEPA: Swift has announced
commercial and product posts across payments market. Geoffroy de Schrevel, that by the end of December
Swift, including market infrastructure head of Payment Markets. Banking 2007, it will offer two new
projects, product management, education Industry Division at Swift, explains that SEPA directories. Six
and standards. Former Swift CEO Lenny with the ultimate goal of developing a automated clearing houses
Schrank also had high praise for Campos local presence in emerging markets such will test compliance with SEPA
on the announcement of his as Brazil, Russia, India and China and in standards using the Swift
appointment: “Lázaro is the customer's accordance with the Swift 2010 market Testing Programme.
CEO, even more than I was. He has spent initiative BRIC+, Swift is in the process ■ Giovannini and MiFID: Swift
published its final report on
time with the customers, they know him of opening several local offices. The aim
the high level gaps in ISO
well and know how he thinks. Lázaro has is to reach local customers and be as close
messaging, as part of its
the vast experience, community backing as possible to upgrades to market continued commitment to
and the commitment to take Swift infrastructures. “We want to provide and removing Giovannini Barrier 1,
forward.” share experience and expertise from in June this year. Swift
Campos explains that his focus this other markets. We would like to be the messages have also been
year is on making the process of doing financial community natural partner for modified to ensure MiFID
business with Swift simpler. “After all, standardisation and network architecture compliance.
fund managers don't want to 'connect' to and also for supporting changes in ■ BRIC+ and market
Swift. They just want the connectivity to business models,” de Schrevel contends. infrastructures: Swift is in the
access our solutions. They have a back Despite the changeover in CEO, it process of opening local offices
office application to talk to their appears that the 2010 market initiatives, to get closer to local customers.
custodians, prime brokers and broker- released last year, are still at the forefront ■ Remittances: Swift has begun
dealers. They just want help to get of the Swift executive's minds. Swift's formally engaging with
started and a number to call when things work around the Single Euro Payments remittances as a category of
go wrong. We don't give that experience Area (SEPA) was highlighted as one of cross border financial
to our customers yet. Our major these initiatives at Sibos in Sydney, and transaction.
customers are different again. They don't much progress has been achieved, says de ■ Securities: SwiftNet securities
even want to know there is a box,” he Schrevel. “In 2007 and the end of 2006, traffic grew by 26.8% over the
elaborates. we saw the European Payments Council period of July 2007. Swift has
indicated that it is working with
He believes that Swift's core business (EPC) come in with the final scheme
Omgeo to provide standards and
should include upgrades to the customer rulebooks for SEPA and the Payments
messaging services to the
interface and to avoid bombardment with Services Directive (PSD) finally voted on securities market.
information, the only reason customers by the European Parliament. We
should be told about a new release is translated those protocols into machine
when there is a new message standard readable ISO standards,” he explains.
SWIFT IN 2007
“This defined an environment where transfer is the correct one, says de made great progress and is moving ahead
the protocols were specified, the Schrevel. Swift is currently registering well, with over 150 financial institutions
standards were defined and the legal all customer IBANs with their (from 35 different banking groups) and
aspects of the SEPA project were corresponding BICs in the database. The over 35 corporates registered since the
decided. But we quickly discovered this routing directory categorises through beginning of the year, when the service
was only a little part of the story - as we which ACH or clearing and settlement went live. We have put significant effort
go into implementation, a number of mechanism a bank can be reached. in awareness campaigns such as
issues have arisen,” de Schrevel adds. According to de Schrevel, both services participating in conferences, speaking at
These issues include the lack of the are already available for the banks in the industry or bank organised events. We
capacity to reach an account after testing programme and will be made are also investing resources in easing the
debiting another one across Europe and available to everybody on time for the on-boarding of corporates through
being able to send payments from one January 2008 SEPA launch. working with vendors and supporting
bank to another. “This is crucial to SEPA, SEPA will be one of the three major these firms to enable their applications to
without it you don't have SEPA. It was elements at Sibos this year, says de work with Swift.”
seen by us as a major challenge - how to Schrevel: “There are many similarities The area of remittances, which was
get there,” he says. between outside Europe in payments and also identified in the 2010 document as a
The second issue Swift identified was in Europe, with Target2 and SEPA. potential avenue for growth, has also
the requirement for sufficient Everything we do for SEPA, we will be seen some progress over this year. “We
interoperability - the same able to adapt to the rest of the world. now have a group of major banks, which
implementation of the same standards by The second major part of Sibos will be to together with Swift, are designing the
all parties. Lastly, was what de Schrevel explain that what we are doing for SEPA network architecture and defining a
calls “switch-ability”: the capability of is also relevant for regions like Asia or number of rules all participants will
banks to switch from one ACH to another the Americas.” agree to. This group is established and
we will have the design of the
We would like to be the financial community natural architecture ready for the end of 2007.
The discussion on rules will take a little
partner for standardisation and network architecture longer and we will do that in the first
half of 2008. We want to have a first
at little or no cost. “There was no Target2 is likely to be another key pilot towards the end of 2008. Doing
guarantee the banks could reach other discussion topic during the conference: this global scheme in 24 months is a
banks, as each one of the 7,000 banks in “We will have a new Europe-wide system major achievement. There's a real
Europe had different views on how to replacing the current decentralised appetite from the banks to do this and
connect. There was also the risk that system with one technical platform. As candid support from local regulators,”
some ACHs would introduce specific from November, all the central banks and says de Schrevel.
implementation requirements and lock in commercial banks will be able to use Much progress has been made in the
banks,” de Schrevel adds. SwiftNet to connect to Target2.” There area of payments it seems, but securities
In reaction to these concerns, a number is also increasing convergence of high is now as much at the core of Swift as
of major financial institutions value and low value processing, says de payments, contends Campos. If one looks
collaborated to set up the SEPA Testing Schrevel. “We are moving towards a at the recent progress towards the 2010
Advisory Group and asked Swift to system where, in terms of processing, a initiatives (see box out on previous page),
provide support and guidance. The payment is a payment is a payment. many of Swift's achievements have been
group's remit is to look at how a bank can Between a card payment and high value in the securities services and alternative
implement SEPA and how the banks can payment, banks choose a processing investments market. JPMorgan's
reach one another in a SEPA model not according to the amount of Rothschild highlights Swift's work with
environment. “We have close to 500 the payment, but because of features like ISDA to transport FpML over the
institutions that have registered to the speed, security and price. You might network as a case in point: “Swift has
testing programme. We have the eight expect a few announcements regarding worked diligently with the industry and
biggest ACHs in Europe onboard. We low value initiatives in areas other then with ISDA to add choreography to the
spent a lot of time defining and Europe,” he elaborates. initial FpML schemas, and to create the
identifying the hurdles to those problems Sibos will also include a corporate pilot and plans for evolution. We think
and we have provided documents that forum this year, following last year's this bodes extremely well for the future.
describe solutions,” he explains. discussions about getting more How many people foresaw securities
Swift has also begun work on its SEPA corporates to attend the event. Swift has messages encompassing roughly 50% of
data registration programme, which obviously been pushing for further reach Swift's traffic when they were first
includes the BICPlusIBAN Directory into the corporate community with the considered in 1982?”
and the SEPA Routing Directory. The launch of its new corporate to bank Swift has certainly had its fair share of
benefit of the BIC/IBAN directory is access model, SCORE, early this year. challenges this year but it appears that
that the bank will be able to ensure the Elie Lasker, Swift for Corporates, despite the changing faces, for the time
BIC or IBAN they put on a direct debit solution manager, explains: “SCORE has being at least, it is business as usual.■
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HEAD OF GROUP SALES & RELATIONSHIP MANAGEMENT
SOCIÉTÉ GÉNÉRALE SECURITIES SERVICES
ATTILA SZALAY-BERZEVICZY,
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HUNGARY, LOCAL HEAD OF CUSTODY
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MIROSLAV VELIKOV, BULGARIA, LOCAL HEAD OF CUSTODY
CORPORATE ACTIONS
Is it done yet?
Corporate actions remains on the STP to do list,
but how much real progress has been made?
Jamie Darlow investigates
he increasing use of technology The beginning stage of an event is where 13 sell side firms and 12 hedge funds,
DTCC’s Global Corporate Action Validation Service collects and quickly distributes complete
information on almost 1 million other corporate action events from more than 150 countries
involving 1.5 million securities. No one else offers broader, better global coverage.
Trading is tough enough even when you know what’s going on. You need every advantage
you can get.
CORPORATE ACTIONS
tackling them at their corporate source. that the vision is being delivered and take-up. From January to June 2007,
Seeking to lay the finger of blame is there's complete integration with all Swift saw volumes rise 19% to over 33
unrewarding however, but understanding other platforms,” explains Kane. million messages and expects this rise to
where problems lie is essential to cutting “Through the course of the rest of this continue. Traffic volume was at 17%
out the difficulties. year we can really expand and by the end growth for the same period last year, with
Gary Wright, CEO of BISS Research of 2007, we will have the full programme 28 million messages.
in the UK, advocates providing up and running.” Meanwhile, the total number of
regulatory incentives to corporates and JPMorgan's goal here is to ensure corporate actions, as recorded by the
adding competition to the market. “At the accurate corporate actions events are DTCC, has remained flat over recent
moment, there is no incentive whatsoever always put out to clients in a timely years. Last year there were fewer than
for corporates to get involved and clean manner - the automated nature of the 900,000 corporate actions messages, the
up their corporate actions,” he says. “The programme ensures speed of delivery for year before there were 825,000, while
generic view of corporates is, they pay clients to act upon that information, while 2004 saw 900,000 actions. “The number
firms to do that for them and effectively reconciliation or further manual checking of Swift corporate actions has increased,
delegate the responsibility. What I've ensure accuracy. “We have an 80% STP so it's not organic growth in the number
been working on is providing an incentive
to them from regulators. Second, we need
open up the system to competing At the moment, there is no incentive for corporates to get
networks to create competition. Swift is a
bank network and creaking at the seams”
involved and clean up their corporate actions
In the meantime, automating and
cleaning up corporate actions is a must. rate, leaving 20% fax - it's good but it of corporate actions events, but
JPMorgan's project, dubbed could be better,” says Kane. institutions switching to ISO standards,”
Announcement Capture, aims to Yet the US bank certainly isn't making Bookheim explains.
completely automate the collection, money from this project, it is simply Nevertheless, a sizable proportion of
checking and verification of a golden breaking even in terms of development parties to the corporate actions chain do
record for a corporate action, before costs versus efficiency savings. So why not yet use Swift, and the sheer number of
passing them on to its clients. According bother? Corporate actions is one of the interested parties with differing
to JPMorgan, this required a major areas where JPMorgan can most requirements complicates the issue.
investment in terms of technology and differentiate itself as a leading global “There continues to be two main barriers
people, but then it can afford to invest custodian, Kane answers. “Many custody to overcome in the complete automation
large sums. With USD600 million spent activities are becoming commoditised and of the corporate action business event
annually on the global custody and most firms can achieve a fairly high cycle,” explains Amy Harkins, senior vice
securities business - a “sizable standard, but in areas like corporate president, BNY Mellon Asset Servicing.
percentage” of this goes to corporate actions - particularly in emerging “The first is the large number of
actions, the bank says. markets and in large scale debt intermediaries involved in the lifecycle of
Announcement Capture is essentially a restructurings - that's an area at which a corporate action. For example: the
reconciliation engine which takes the you have to work very hard to offering agents and transfer agents; the
factual components of a corporate action, differentiate.” securities depositories; custodian banks;
between 10 and 20 in number, and As long as banks continue to use and the investors who are represented by
automatically matches them. If they do corporate actions processing to compete large institutional investment managers.
match from the five data feeds JPMorgan with one another, there remains a Each player or participant in the process
uses for this service, a golden record is problem with corporate actions has their own messaging and business
generated and issued to clients by Swift processing. How long this process goes and operational process requirements.”
formats, chiefly ISO 15022. If a match is on for is largely dependent on the players Harkins listed the cost of maintaining
not made, the announcements are put into themselves. The industry has now settled a corporate actions engine as the second
a repair queue and the bank must on Swift's ISO messaging as the preferred barrier, where the engine must be ISO
manually clean them up. standard for messaging and take-up has 15022 capable and providing vendor and
The project is both an in-house been steadily rising over recent years. depository interfaces - for the both
development and a vendor project, “The standard is as good as the industry receipt and the instruction of the
integrating Information Mosaic's chooses to make it, so it is in all our hands corporate action information - and be
software with the bank's existing systems to make it succeed or fail,” comments flexible and customisable. But adoption of
and fitting the bank's new requirements Robin Kneale, product manager at ISO 15022 will never reach critical mass,
in. At present, JPMorgan is transaction services vendor Broadridge. as the majority of firms sending and
implementing and introducing the The ISO 15022 standard has been receiving corporate actions data perform
programme into the live working generally accepted as the industry so few as to make the investment costs
environment and making sure it works. standard for passing corporate actions prohibitive. The Swift network can
“We are doing some of the relatively messages and the community does seem reduce costs if more people use the
straightforward activities, reconfirming to be witnessing unspectacular but steady service, but small time corporates won't
Take
Control
with Transaction Lifecycle Management ®
CORPORATE ACTIONS
move until costs are lower, a classic Commercial division. June, bringing the community together.
Catch-22. Wright says Swift is not the Weber explains the international “There is very good momentum, as
panacea of the problem, not least because Eurobond market - for which the new people have come to realise there are
the number of corporates connected to standard was created - presented even better ways to reduce both the cost base
the Swift network fall well below 50% of more problems than regulated markets, and the risks,” Weber says. “If we tried to
the market. with increasing numbers of structured do this on our own we would not succeed:
Even if adoption of ISO 15022 were assets and no standardisation. “The we need the backing of the agent bank
100% among all users and issuers of Eurobond market is extremely innovative communities, the issuers, the broker
corporate actions data, there would still and booming and allows for the issuance dealers and the legal experts.”
be problems. Late and inconsistent data of operationally complicated securities,” Across the pond, the Asset Managers
among the players is still a large issue for he says. “The operational challenges are Forum (AMF) Corporate Actions
the industry. This is especially true where exacerbated by the fact there is no Committee has also not been idle. It has
Swift users are not using the standard product standardisation.” been publishing recommendations for
properly - a long running bone of A coupon payment, unknown at the standardising the information in
contention among the receivers of the time of issuance and linked to swaps, corporate actions announcements - rather
information who have to clean it up, like illustrates the complexity, explains than the message format itself - to reduce
the DTCC. Weber. “The collection of that the risk of misinterpretation and resolve
James Femia, managing director for information is very difficult without a some of the shortcomings of ISO 15022.
DTCC's Global Corporate Actions area standard,” he says. “An ISO standard and AMF, SIFMA CA Division and ISITC
explains that the DTCC deals with an agreement on the information have formed a joint working group to
thousands of ISO corporate action collection process will help automation. develop sample templates, which can then
messages each week, from more than 140 At the moment, the information format is be used by custodians and issuers.
custodians worldwide. This presents two different every time.” The templates are to be based on the
problems, he says: “Around 40% of the Continues Weber: “For domestic information identified in the event
event categories, the highest level of the securities, each local market has created identification grid (EIG), and will be
corporate message, are marked as 'other' - its own set of standardised operational harmonised with the SMPG and DTCC
anytime you do that, it requires manual practices. But at least there is one unique to ensure industry coordination. The
intervention. Second, ISO 15022 does not way of processing transactions in these AMF Corporate Actions Committee is
include all the data fields that many regulated markets. Moreover, with the currently gathering feedback from asset
customers require to process corporate support of the Euroclear Group markets, managers to decide which corporate
actions efficiently. At the DTCC, this we have harmonised these domestic actions types are most high risk or high
requires us, in addition to the ISO market practices in view of moving to volume, and should therefore be tackled
publication file, to continue to publish in a our single platform.” first.
proprietary format as well. Later next The International Standards Can we reasonably expect
year, we will be offering customers a Organisation (ISO) approved the creation improvements from these industry
efforts? Standards and messaging
protocols have been put on a pedestal and
Ideally, everyone would have the same standard, but in promoted as the saviour of corporate
practice, it's just not possible. It's like herding cats actions, but have often proved a damp
squib. ISO 15022 was launched over five
robust XML format of the data as well. of the standard last year, after Euroclear years ago, but adoption is not universal
We have talked to Swift about the promise submitted the business justification for and the standards are not uniformly used.
of ISO 20022, but launch and take-up still the new messages. Euroclear discussed ISO 20022 may in the not too distant
seems to be many years away.” the proposal with the agent banks of future revolutionise the way we conduct
Euroclear has been working towards issuers. The newly defined ISO messages corporate actions, as it will use the XML
producing commonly agreed definitions are due to be registered by the end of the format, making it easier for corporates to
and classifications for the bond market, year and delivered through the new ISO connect.
due to be delivered through the ISO 20022 standard. The issuer will then be Currently however, the old adage that
20022 standard. Euroclear expects the able to electronically communicate the standards are great because there are so
project to break some of the barriers and corporate actions message to the central many to choose from remains
produce a complete STP chain from securities depository (CSD). Weber says depressingly true for corporate actions.
issuer to investor. “We have embarked this is not a difficult change for the “Everyone that manages data at some
upon a market initiative to standardise involved parties: “All the securities are point puts up the standards flag and runs
and harmonise processes in the already with the securities depositories, with it, but they don't carry it very far,”
international market to reduce risks and so structurally, there will be no change, explains Adam Honore, senior analyst at
provide cost savings - standardisation except for streamlining and automating Aite Group. “Ideally, everyone would have
will also help to absorb ever increasing existing processes.” the same standard, but in practice, it's just
volumes,” says Yannic Weber, managing Euroclear has set up a working group, not possible. It's like herding cats and no
director and head of Euroclear's which held its inaugural meeting in late one wants to do that.” ■
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PROXY VOTING
The SEC is
attempting to tackle
the tricky area of
Scoring a
proxy voting, explains
Jamie Darlow touchdown?
ootball fans famously bought changes, and will be until 2 October. to Attila Bodi, Partner at New York law
PROXY VOTING
significant, especially as these are century, greater investor involvement the practice whereby advisory firms make
available online for an individual when through technology could halt the recent recommendations to institutional
voting.” trend from boards adopting unused investors about how to vote. The GAO
Yet there will be little impact on shareholder votes. The theory was that found no major conflict of interest after
investors and none for institutional equities were called equities because the nine month inquiry for Congress.
investors, according to Chuck Callan, owning one entitles you to the same Critics had suggested corporations could
senior vice president of regulatory affairs rights in a company as another investor feel obligated to retain the consultancy
at Broadridge. “For the most part, their with one share. Not so anymore it seems, services to obtain favourable vote
votes are electronic today and they will as some investment trust management recommendations, but the report found
continue to use this medium to vote,” he companies have been awarding investors do not overly rely on the
explains. “In the 2007 proxy season that themselves the voting rights of service. The report's findings paved the
just concluded, 89% of the votes we shareholders who deign not to take them way for the continued practice of
processed were cast by electronic means. up. electronic proxy voting services.
Across all shareholders - for institutions, JPMorgan began the trend, using the Meanwhile Europe is experiencing the
it's higher.” votes of shares held within their savings same kind of reforms seen in the US,
Similarly, Pete Friz, vice president plans if their owners did not exercise albeit at a slower pace. In comparison to
global voting and transaction processing their rights. BlackRock, Jupiter and Europe, the US has held a strong
services at ISS Proxy sees nothing Allianz Global Investors have been quick tradition of shareholders being able to
changing for the institutions, which to follow the lead and plunge the issue vote by proxy. There is a mature private
already vote electronically. Instead, into a contentious grey area. proxy solicitation industry in the US
individual investors will feel the effect, he While many of the groups have said helping companies garner votes,
says: “So the mechanics for e-voting have they won't use their new powers to vote something that doesn't really exist in the
been widening and ISS has clients on contentious issues, or where a possible European markets. The next few years
ranging in size from small to large.” conflict of interests might occur, the new may see this change, however, after the
Continues Friz: “Currently, the SEC powers are causing some unease. In formal adoption by the European
allows electronic delivery of ballots, practice this will - rightly or wrongly - Commission in June of the corporate
annual reports and proxy statements, but distort the representation of votes and governance directive on shareholders'
this option could only be utilised if the could lead to 10% of investors deciding rights. The European Council and the
investor requested e-delivery. The new the fate of all 100%. The New York Stock European Parliament made the directive a
SEC proposal reverses this arrangement Exchange (NYSE) has plans to preclude European law and member states now
have two years to implement it into their
national laws.
The e-proxy rules will make it easier for activist The directive introduces minimum
standards to ensure shareholders have
shareholders to wage proxy contests timely access to all relevant information
ahead of the general meeting and simple
with electronic delivery (or, more this practice in the US, however, with the means to vote at a distance. This makes
accurately, access via the web) of annual adoption of Rule 452, expected in the provision of electronic proxy voting a
reports and proxy statements becoming January 2008. reality across all 27 member states. The
the default, forcing investors to request Bodi's view is that the position of the directive also abolishes share blocking
hard copies.” individual shareholder is strengthening. and introduces minimum standards for
Cost savings for the average investor “The upcoming adoption of revised the rights to ask questions, put items on
may have been the intended purpose of NYSE Rule 452, the two recently the meeting agenda and table resolutions.
the e-proxy rule change, but many have proposed SEC shareholder proxy access As is often the case in financial services,
speculated an increase in participation proposals, the recent AIG case regarding the UK and US are further ahead than
would follow. Surely the rationale goes, director nominations by shareholders, the their continental European counterparts.
make it easier, quicker and simpler to vote majority voting movement, recent It would be premature to expect full
and more will do so. Perhaps not, Bodi successes in poison pill bylaw annual re- adoption across the continent, says
suggests: “If I am a small shareholder approval provisions (such as the one McDermott Will and Emery's Azis:
and I receive my proxy materials by mail Disney recently adopted) and the “Although electronic voting is taking off
for a public company's annual meeting, emergence and continuation of hedge in jurisdictions like the UK, where the
whether or not I am going to vote will fund activism in general, one could say legal environment is now established to
likely depend upon my historical interest that the e-proxy rules will be another facilitate it (and where the proxy
in the company. Receiving the materials arrow in an activist shareholder's quiver,” solicitation industry is sure to grow),
and voting through the internet may or he explains. without full implementation of the EU
may not change that - it's just too early to Institutional investors' proxy service directive and observance by continental
tell.” providers also withstood regulatory European companies, the take up will be
If the e-proxy rules are successful in scrutiny this year as the US Government slow.” ■
dragging voting procedures into the 21st Accountability Office (GAO) investigated
Gain control
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EUROPEAN PAYMENTS
Regional Solutions
for Global Payments
This October, once again the payments community
gathers for the annual SWIFT conference. We are
now quite a few years into the discussions around
strategic change on a global and regional level and
now face a period of adoption and implementation,
which carries its own challenges.
Whereas consolidation and standardisation are global phenomena; on a regional level they can mean completely
different things when it comes to adoption and implementation. In principle the drivers behind SEPA and Check21
are similar – regulation, but the implementations will differ significantly. Moreover, although the majority of
payments issues are the same, the devil is always in the detail; the last ten percent will make the difference
between success and failure, between enhanced revenue and additional cost.
At Clear2Pay we recognise these issues, since we live through them in projects we execute around the world. Our
teams in Europe, the Americas and Asia Pacific all work off the same roots and technology: our SOA based Open
Payment Framework (OPF), a truly global platform. In recognition of the differing requirements around the globe,
Clear2Pay has developed many regional solutions to local market problems. All of these solutions are derived from
the OPF which utilises our flexible, scaleable and open IT environment.
Clear2Pay will be present at Sibos, with its local teams of sales and payments experts
at stand G29. We are at your disposal to address a wide range of topics with you from
SEPA to CNAPS to Check21, Remittance and other payment services. It goes without
saying that our prime Open Payment Framework will be on show, together with our
Software Development Kit, which enables banks to quickly enhance the solution in-house.
We would be delighted to meet with you in person in Boston, so feel free to pay us a visit.
Offices: Amsterdam, Brussels,
Experience tells us that pre-booking meetings works well for both parties, it saves you
Boston, London, Melbourne,
time and we can ensure that the right expert is available in view of you particular
Madrid, Singapore, San Francisco,
Shenzhen, Sydney, Warsaw interest. Please email us with your availability and requirements and we will be in touch
within one working day.
Headquarters
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In the meantime we wish you an excellent business kick-off for the second
B-2800 Mechelen, Belgium
P: +32 15 79 52 00 half year and look forward to meeting you at Sibos.
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W: www.clear2pay.com The Clear2Pay Sibos team Clarity in Payments
ISJ24 pp62-79 ML 7/9/07 10:44 am Page 64
EUROPEAN PAYMENTS
debate during the 16 month period of payment services,” she said. All of these and settlement infrastructure is being
discussions. hurdles to European integration will be allowed to develop freely, driven purely
This lack of national buy-in was, in tackled by SEPA, which will foster by market forces. It is still evolving and
fact, the reason for this year’s SEPA competition and innovation in the there is an element of competitive
conference. McCreevy spoke of the need banking industry by removing the secrecy in terms of early disclosure of
to instil a sense of “momentum and barriers that formerly protected national precise service capabilities and costs,” he
dynamism” to drive SEPA forward and markets. SEPA will create a single set of explains.
indicated that member states that fail to rules, equal access conditions and equal From a corporate perspective, the cost
implement on time will face action from treatment across the continent, so that of migration from existing systems to
SEPA standards may be dissuasive
compared to the perceived longer term
McCreevy spoke of the need to instil a sense of advantages, adds Alan Koenigsberg,
JPMorgan Treasury Services’ core cash
“momentum and dynamism” to drive SEPA forward and product executive for EMEA and the
indicated that member states that fail to implement on Americas. The initial resistance of banks
to the idea is understandable; the
time will face action from the Commission changeover to SEPA instruments will
involve high costs and investment in IT
the Commission. “The public sector banks will be able to offer efficient infrastructure and the project will
needs to give a clearer commitment to services in new markets, she explained. introduce greater competition into
the banking sector that it is prepared to Alan Buckland, vice president, Global domestic markets. However, SEPA is
take up and use SEPA products. Product Management, the Bank of New meant to represent a positive change for
Assuming the performance requirements York Mellon, believes that many are corporates and the very fact that the
we all expect can be assured, then the underestimating the amount of work group that is due to benefit the most from
public sector should be early adopters of that needs to be done in order to fully the project is not fully behind it is telling.
SEPA. It is not helpful to those making realise SEPA. “Firstly, we need to It seems that many of the parties that
investments in developing SEPA recognise that SEPA is the largest will be worst affected by SEPA are taking
products if the public sector cannot give payments project ever undertaken in it seriously, but their exact level of
a reasonable degree of assurance on Europe, and as such it is highly readiness is rather hard to determine.
SEPA take-up. The Ecofin Council has complicated. There is no single industry Buckland explains: “Many of the major
already made it clear what its price and body that could provide support across banks say that they are ready and the
quality requirements are as far as SEPA the whole SEPA project spectrum, and technical interfaces are indeed being
products are concerned,” he explained. with anti-competitive and monopolistic tested. It is however, still quite difficult to
McCreevy charged the banking sector considerations at the EU political level, extract a full SEPA proposition,
with designing SEPA products that are no single body could actually be formed including definitive pricing and detailed
attractive to customers, competitively for that purpose,” he says. service levels. There seems to be little
priced and that retain, at the very least, The EPC has taken an industry role doubt that banks will be technically able
the levels of performance that current that is specifically restricted to setting to handle SEPA Credit Transfers as from
national products have. He also spoke of down agreed standards for 1 January 2008. An interesting question
the need to ensure that there are adequate harmonisation in the non-competitive will be to what extent the market will
governance structures in place to manage space and as such, it is limited in its actually take up the new credit transfer
SEPA. In this vein, the EPC published scope. Furthermore, the council service in its early days.”
the rulebooks for SEPA instruments at comprises representatives from only 70 JPMorgan’s Koenigsberg agrees that
the end of 2006, which detail the out of the potential 8,000 European from the perspective of the credit
specifications for how to build SEPA banks, and there is no corporate or transfer scheme, the larger players are
payment instruments. consumer representation. “So even moving towards becoming SEPA ready,
Gertrude Tumpel-Gugerell, member though the EPC is nearest thing that we or they will be by early 2008. “However,
of the executive board of the European have to a payments industry body, its many smaller players do not appear to
Central Bank (ECB), also spoke at the representative scope is actually quite have registered the need for change or
conference and explained the reasons narrow,” Buckland contends. are delaying undertaking the necessary
behind the introduction of SEPA to the The lack of a single body is largely work. For SEPA Directive Debits there is
assembled public sector delegates. “The why the interoperability element of the still considerable work to be undertaken
current fragmentation of retail payment clearing and settlement infrastructure and without this functionality SEPA
infrastructures has so far prevented across Europe is still quite poorly defined remains only a partial reality,” he
competition between service providers of at present, says Buckland. “Any further continues.
different regions in Europe. industry cooperation in terms of, say, According to EBA Clearing, the
Fragmentation has also hampered the designing the interoperability space company owned by around 70 Euro
development of innovative solutions, could have been deemed by the EU to be Banking Association (EBA) member
especially in the field of cross border anti-competitive. As such, the clearing banks that owns and operates the EBA
Until now.
www.vocalink.com
EUROPEAN PAYMENTS
payment systems Euro1, Step1 and Szmuckler stresses that in order to standardisation of interbank payments in
Step2, more than 100 banks are currently fully realise the benefits of the PE-ACH the euro zone: in a common technical and
preparing for or already participating in platform and to successfully deal with the legal environment, the banks will have
the company’s testing process for the complexity of the transition process the freedom to choose between multiple
SEPA Credit Transfer Service on the from today’s legacy payment landscape to providers or will be able to connect easily
Step2 platform. Daniel Szmukler, head of the new SEPA environment, all players in to other payment institutions directly.
communications and corporate the market must work together. “Neither The ongoing concentration process of
governance at EBA Clearing, indicates EBA Clearing nor the individual banks or European payment infrastructures
that about 30 of these banks have also payment providers are in a position to act fosters a fast rationalisation and
signed up for testing the Step2 SEPA as isolated players in the payments industrialisation of all interbank
Direct Debit Service at this stage. market,” he adds. payments. The commoditisation is a
Furthermore, a number of banks, The attempt to compete in the PE- consequence of the harmonisation of the
including Deutsche Bank and JPMorgan ACH environment has not been limited various national payment instruments,
Chase, have announced that they will use
the Step2 platform as their single channel
for all SEPA payments, at both a national The current fragmentation of retail payment
and a cross border level, says Szmukler.
In June 2007, EBA Clearing announced infrastructures has so far prevented competition between
that it would be ready to process intraday
euro payments on 1 January 2008 in
service providers of different regions in Europe
compliance with the Priority Payment
Scheme via Euro1, its clearing and to EBA Clearing’s efforts, however. “We but the prerequisite for achieving this
settlement system for individual and high currently see the domestic ACHs long term goal is the transposition of the
value payments. The EBA Priority adapting their service offerings to handle PSD into all national laws and the full
Payment Scheme is an open standard, SEPA payments and the larger ACHs migration of all banking communities,
non-proprietary value added service open have been aggressively pitching for that are starting from different basis.”
to all banks in SEPA. business from banks beyond their The prospect of consolidation has led
On 30 July 2007, EBA Clearing domestic markets,” says Koenigsberg. many to speculate that Europe’s ACH
announced that Step2’s credit transfer “The problem any ACH has is to provide landscape may begin to resemble that of
service would begin receiving full reach across Europe. The domestic the US. Over recent years, the US market
transactions on the 25 January 2008, ACHs rely on the EBA to reach into has rationalised from 30 ACHs to two as
with the first settlement on the morning other markets, but the EBA relies on the a result of scale economies. With the
of the 28 January. Szmukler elaborates domestic ACHs to reach smaller players. onset of SEPA, similar market forces will
on the details of the scheme: For the long term success of SEPA we prevail in the euro zone, says Martin
“Participation in the scheme guarantees have to find a way to merge these Wilson, chief marketing officer at UK-
the end to end processing of single credit operations into fewer entities, with a based ACH VocaLink. But regardless of
transfers within four hours and will corresponding reduction in overheads for the similarities, there are some key
thereby enable banks to offer urgent, the industry.” differences between the two markets,
intraday credit transfers in euro to their Buckland adds: “So far we’ve seen two which indicate that this high level of
customers. Participant banks are free to different reactions to SEPA by the consolidation will not be experienced in
send their scheme compliant messages domestic ACHs. The Dutch and German Europe.
through any processing channel that is ACHs have effectively merged and will “There is greater strength and cultural
able to handle priority payments.” offer SEPA settlement services via the cohesion within the national ACH
EBA Clearing’s system is seen as new Equens PE-ACH. Similarly, European communities, underpinned by
possibly the only current viable VocaLink in the UK announced that it factors such as language differences,
contender for the pan-European would offer SEPA PE-ACH services, which may result in a slower
automated clearing house (PE-ACH) using the same platform that is used to consolidation process and an enduring
moniker. The concept of a PE-ACH is support BACS. On the other side of the number of regional players. Already, a
based on two major pillars: the ability to coin, CEC the Belgian ACH has small number of leading ACHs is
reach all banks in SEPA and a country announced that it will close.” emerging and most have developed value
neutral governance structure. A PE-ACH Evidently, SEPA makes for a very added services to maintain
is expected to perform clearing and threatening environment for the current competitiveness, for example in payment
settlement functions for both SEPA domestic ACHs. Antonella Vanara, capture from corporates, electronic bill
direct debits and SEPA credit transfers. payment systems marketing manager at payment and processing, back office
Accordingly, Step2 is a country neutral SIA-SSB, EBA Clearing’s technology processing and e-invoicing. In the United
system that has indicated that it will partner for Step2, explains: “With regard States, many of these services remain the
extend its reach in the euro countries, to the payment processors, the main responsibility of banks, and are provided
with the objective of extending this challenge is related to the enhanced by commercial third party organisations,”
coverage to all banks in Europe. competition arising from the he explains.
Investing in SEPA?
equals
are looking for short time-to-market and cost-efficient seamlessly to your needs. What’s more, as the largest
processing solutions. And simultaneously, you want to pan-European payment processor we can guarantee
maintain or enhance your current reliability, security and you highly competitive rates. In short: if you are look-
service levels. Quite a challenge. Therefore, it’s good to ing for maximum quality at minimum cost, Equens is
know there is a processor who clearly understands this. the right processing partner for you. equens.com
ISJ24 pp62-79 ML 7/9/07 10:45 am Page 68
EUROPEAN PAYMENTS
According to Wilson, the successful first discussed six years ago, says today without the ability to literally
infrastructure providers will be those Koenigsberg. However, the industry is configure or modify that solution as time
who are able to embrace new standards, witnessing a much greater willingness to goes on, you are always going to be
offer best pricing, the highest quality work together from all the major banks chasing the pack,” he explains.
customer service and complementary across Europe. The big test is how the The main issue for corporates relates
value added services. Some of these smaller, primarily domestic players to technical requirements for sender and
infrastructures will be derived from respond to the changes needed to achieve beneficiary International Bank Account
former ACHs, while others will be wholly full interoperability. For them there is no Numbers (IBANs) and Bank Identifier
owned by individual global banks, he economic case for moving away from the Codes (BICs) to be present on all SEPA
credit transfer and SEPA direct debit
transactions. SEPA will not be viable
SEPA will create a single set of rules, equal access until the various domestic ACH schemes
have each been migrated and all parties
conditions and equal treatment across the continent in the payments process to boot.
Moreover, the most significant roadblock
contends. In order to stay competitive domestic systems, standards and to migration is the requirement to
they will need to walk a fine line between processes, he explains. “We are sure that ‘enrich’ all historic transactions with
cooperation and competition with other the industry will have to impose agreed BICs and IBANs.
providers. The successful players will be dates for during off the current systems “This effectively means that every
those that can differentiate their services to force change for some of the very low corporate in Europe that accesses ACH
through price, quality and value to their volume players.” services today, will need to contact their
customers, he adds. The bigger question today is how customers and counterparties to obtain
The European ACHs are beginning to banks can work with large volume IBAN and BIC information. For
consolidate in order to achieve synergies customers to migrate their business to multinational enterprises such as
and cost reduction, says Vanara, and this the new SEPA products, Koenigsberg telephone and utility companies, this
is because it is difficult for domestic adds. At the moment, this is being effectively means that they will each need
players to achieve enough scale to worked on a competitive basis. “As you to enrich up to hundreds of millions of
compete in the new SEPA environment. are probably aware, the European historic direct debit instructions, at a
“It’s quite likely that this trend will lead Commission has also encouraged the huge potential cost. Naturally, those
to the existence of a handful of players public administrations to undertake companies are baulking at the perceived
in 2010-2012. Nevertheless, so far, cost/benefit analyses for the migration cost of SEPA compliance,” explains
almost all European domestic ACHs are to SEPA. As these large payment users Buckland.
bearing the initial investment costs in report back, we believe it will become “One solution could be for corporates
order to adapt their platforms to the new much clearer whether enough work has to use an appropriate software
SEPA products,” she says. been undertaken at industry level or application to convert domestic account
In this vein, SIA-SSB will offer the whether more centralised functionality is numbers to IBANs. This is, however,
banks in Italy SEPA credit transfer and required,” he says. complicated by the fact that since 2003,
direct debit processing services through
the technical platform of EBA Clearing,
Step2. “The collaboration with EBA
The EPC has taken an industry role that is specifically
Clearing will guarantee banks a SEPA restricted to setting down agreed standards for
compliant service and full distribution
capability to all European counterparts harmonisation in the non-competitive space and as such,
within SEPA. The shared platform
approach will facilitate the Italian banks’
it is limited in its scope
migration to SEPA, allowing them to
maintain access to the two settlement Hans Cobben, chief operating officer the EPC has decreed that only the
systems BI-COMP, operated by the Bank at SunGard’s AvantGard, agrees that the account holding bank is authorised to
of Italy, and Euro1, operated by EBA greater challenge for the banks will be to generate IBANs for its customers. This
Clearing, and minimising the cost and help their customers get ready. This will means that any vendor software
organisational complexity resulting from involve the banks focusing on achieving a generated IBAN would in effect be
the period of duality, during which the consolidated infrastructure and ‘unauthorised’, and would still need
new SEPA instruments will coexist becoming more flexible in their individual validation with the account
alongside the current domestic offerings, says Cobben. “The biggest holding bank. One way around this
instruments,” she explains. issue here is to realise that a solution that would be for software vendors to market
As well as negative reactions from solves today’s challenges must be capable their conversion applications, subject to
domestic ACHs, there was also of helping to change tomorrow as well. accreditation by the EPC, to ensure that
considerable resistance by banks to the Meaning that if you put in a solution the conversion rules used to derive the
creation of SEPA when proposals were that simply meets the requirements IBAN were correct,” he concludes. ■
A different perspective
Corporates are taking the upper hand in their
banking relationships, demanding more from
those who serve them, reports Jamie Darlow
orporates are fed up with the lack SCORE aims to allow a corporate onto a Olivier Brissaud, general manager,
C of standardised ways
communicate with their banks and
have created global alternatives, says
to closed user group with access to many
other financial institutions, where
corporate to bank SwiftNet messaging
Volkswagen Group Services. “On the
other side though, everybody should be
able to access standard payment
Hans-Maarten van den Nouland, director and file transfer are supported, but it has services.”
of international treasury services for been a long time coming. SCORE Glassman says the standards by which
Europe at corporate Merck. They have supports messaging format MT101 and information is transferred have the
finally been able to define an overall FileAct envelopes, where corporates like biggest impact on automating the
strategy for standards, demanding more Merck put their payments instructions. physical and financial supply chain,
efficient treasury services from their The lack of any kind of unifying whether that is over the internet or
banks. And some corporates are even standard has come about due to the through proprietary systems. “If the
starting to get what they want. bespoke services banks offer their standards are rich and ubiquitous it’s
A lack of common communication corporate clients, as Thomas Bergqvist, easier to move from bank to bank and you
capabilities between banks and their executive vice president and treasury can see examples where those standards
clients has plagued the corporate product manager for Wall Street have been driven in a particular market,”
community for years. The Systems, explains. “The banks are still explains Glassman. “The German market
communications channels themselves very much into building customised has produced MultiCash, an industry
have been maddeningly complicated, solutions to create stickiness,” he says. standard multi-banking platform. Then
making it hard for corporates to switch “There are so many different standards there are the French specific standards
banking providers. Swift’s first attempt out there because the banks have been and Echanges Telematiques Banque-
to smooth the process was in the form of providing tailor made solutions. Much of Clients (ETEBAC). SEPA has the
the Member Administered Closed User the standardisation that should have potential to do the same thing on a much
Group (MA-CUG), which allowed happened was stopped by the banks to broader scale across Europe.”
messaging through the SwiftNet make it special. Creating high levels of ETEBAC does exactly what it says on
network, but the service didn’t go far stickiness makes it more difficult to the tin, connecting French banks with
enough. While it is possible for change – the big cost is not to change their corporates and Germany’s
corporates to connect to multiple banks, accounts but the invoices and templates.” MultiCash follows a similar model. Yet
as Shell does with hundreds of different It is a misnomer that banks have large corporates have never operated in
MA-CUG connections, there is a cost created stickiness with the intension of just one market and these truly global
burden for each instance. trapping corporates into using their firms are growing in number as more and
Swift’s Standardised Corporate services, argues Ed Glassman, chief more small corporates are conducting
Environment, known as SCORE, makes information officer, transaction banking, their business overseas. A domestic
it cheaper and easier to open new access ABN AMRO. There are places the banks standard won’t do anymore. “It’s not
points and is now being adopted by cooperate and there are places they about the best format, it’s about uniting
pharmaceutical firm Merck & Company. compete, so while the basic bank around one format,” says Bergqvist,
The corporate plans to send all treasury offerings are similar, banks must pointing the industry towards Swift.
messages via XML standard ISO 20022, differentiate and create their own services There are now over 60,000 trans-
which can then be bundled into SCORE. by specialising in a particular field. national corporations worldwide, with
One of biggest causes of complaint from “Corporates can choose between quite 690,000 foreign affiliates. “The most
corporates has been the lack of free a wide number of offering banks and this important service a bank provides to a
movement between banking providers. is clearly the competitive area,” agrees corporate is as a high quality executor of
cash management, including good cash Merck’s solution to multiple done. You use one model and then you
management and reliable internal and relationship banking is radical yet very don’t have to change anything again.”
external payment processing,” says simple: get rid of it altogether. The firm What Merck has done is to take the
Martin Boyd, managing director, Europe, has cut the number of banks it uses down ISO 20022 standard as a basis and agreed
for SunGard’s AvantGard. “On top of to just two for cash management, where with Citi and HSBC which fields to use
that the bank has to provide up to date before there was business for over 100. and how to use them. The requirement
bank account data.” “For our credit card collections service in for corporates to have to decide what data
Corporates, whether large or small, are the US we have Bank of America,” van to provide - the X/OR logic - has been
all struggling with two problems – they den Nouland says. “For all cash removed, bringing down the total
have less staff and they are looking to management we will have two banks that number of ‘usable’ fields from 942 to less
globalise, explains ABN’s Glassman. have local presence around the world – than 90. “I asked why it was I can make a
“The trends are confirmed from our HSBC and Citigroup.” mobile call from anywhere in the world,
conversations with clients, where we have Merck will now use just one interface to a nine digit number, and be connected
a large business servicing domestic for all payments across the globe, after in seconds, irrespective of networks, with
clients in the Netherlands and the rest of telling HSBC and Citi proprietary instantaneous billing?” says van den
Europe, the US and Brazil,” Glassman interfaces would not be acceptable. Wall Nouland. “Compare this with sending
explains. “We see those clients Street Systems sits between the banks money to someone, where you need 942
demanding a portfolio of services that and Merck, displaying the corporate’s fields and a couple of days’ wait.”
used to be requested by, and designed for, cash positions and allowing it to action More important than the standards
our larger scale multinationals. The all treasury services. There is effectively themselves is the interoperability
world is moving towards globalisation, one pipe in, one pipe out, and one between them, something, which will
adding complexity to the financial and rationalised common platform. “We said improve with XML-based ISO 20022.
physical supply chain.” to the banks; we never want to determine The European Association of Corporate
Complexity is managed, but also added whether to use the BIC or BBAN,” van Treasurers (EACT) and standards body
to, by the practice of multiple den Nouland says. “It is the banks that Twist have taken the message onboard
relationship banking, where firms use have created the myriad of formats and a and announced last November they
more than one bank – corporates problem they should own. They have would collaborate over the
typically have several and large firms created a problem for themselves and we implementation of SEPA and EACT’s
have upwards of 10. Merck had around have pushed it back to them. I just don’t market initiative Corporate Action on
100. Parth Desai, CEO of Ace Software, think it’s an issue a corporate should have Standards (CAST). The bodies agreed to
says this process helps them mitigate risk to deal with.” provide a framework of cooperation
as corporates get a fuller, more reliable Bergqvist sees this as a realisation by between them and said in a
service from local banks. the corporates of their increasing memorandum of understanding:
“For example, a corporate performing power. “They know how much FX “EACT will not develop new standards,
business in Eastern Europe might get a exposure they have on a global level, rather, as a result of CAST projects, will
better service from a local bank,” Desai they know the transactions they do,” he deliver recommendations on existing
explains. “They need to balance this – explains. “They can use this to bargain standards and requirements for new
banks are global but not truly global in with the banks as they can go with a ones in areas such as supply chain and
the services they offer; they use other bigger wallet to the banks.” trade financing. Twist will be able to use
banks’ services. The risk comes from not Merck is in the testing stage at the these requirements in designing new
being able to execute a payment.” moment, but will be live in Mexico and standards in a flexible and non-
The problem arises because each bank parts of Europe in October, with the ISO proprietary way.”
has a different platform for message format for Asia, Europe and the The standards that EACT, Twist and
communicating with its client. When the US defined and validated by the banks by Swift have produced indicate that
two parties exchange information, the the end of November. The rest of the corporates are realising they wear the
format is often different. This complexity world will be brought onboard by the trousers and can push through change.
is added to because the corporate may second quarter of 2008. It has taken less Some of the larger organisations are
conduct many different services with that than 12 months to reach this stage, with already seeing that transformation. “We
bank that are not rationalised onto the the banks falling into line after initial are not completely there yet and simply
corporate’s common platform. protestations at the complexity of, and having one pipe to Swift does not give a
Bergqvist explains the increased short timeframe allowed for, the task. Van corporate one integrated set of messages
interaction between banks and corporates den Nouland thinks Merck will lead the around the world,” says Glassman. “But
adds to the complexity. There is more for way for other smaller corporates with it’s a good start - SCORE and the
the bank to take care of, the bank can be less influence than Merck. standards work that goes along with it
running the pension fund of the “The reason why we are telling people aims to change that. The high value
corporates, for example. Part of the about this is we want other banks to make messages are more integrated, while
corporate’s pension fund may be this available as well,” he explains. “There there is still a lot of work to be done for
outsourced to a fund manager and run it has to be a rebuild anyway under SEPA, the low value, but we are making some
themselves, for which they need custodians. so why not just build it once and then it’s good progress.” ■
T
deterioration in sub-prime mortgage
volatility that hit international increase business flows without
loans and certain related securities has
financial markets in the summer corresponding increases in risk or
greatly exacerbated current equity
of 2007 threw the spotlight on securities expense.”
market and credit jitters,” she comments.
services in general, and on securities Northern Trust uses EquiLend’s
“The magnitude of the resulting flight to
lending in the US in particular. For Dividend Comparison functionality to
quality and the illiquidity in the asset
pessimists, immediate concern focused on collect outstanding claims from those
backed commercial paper and asset
the possibility of reduced fee income as firms also using that function he
backed securities markets hasn’t been
asset values fell. For optimists, attention continues. The bank also uses EquiLend’s
seen in more than a decade. Although
switched quickly to the opportunities that automated loan recall and return
conditions soon began to normalise and
the changing market conditions might functionality – this allows both
we expect them to continue to do so,
present. borrowers and agent lenders to
revenue from this asset class should
It’s not the first thing that investors electronically communicate the return or
remain strong throughout the balance of
tend to ask as a portfolio drops in value, recall of a loan without the need for
2007.”
but eventually and inevitably they come phone calls or faxes.
Looking beyond short term volatility,
round to it. The custody market “Implementation of agency lender
Mark Van Grinsven, head of Global
correlates to market performance because disclosure in the United States was
Securities Lending at Northern Trust,
custody fees are generated by market smooth and we have not experienced any
identifies a number of other big issues
values. If a market goes down, that can impact on our trading activities with
affecting the US securities lending
obviously have a negative impact on borrowers, Grinsven says. “Through the
market. “Benchmarking and
securities lending opportunities. information now supplied by agent
transparency have become very
But volatility can mean there are more lenders, borrowers have the necessary
important as lenders seek to better
short positions that people need to data to support their credit and capital
understand how revenue is generated and
borrow for, creating a benign regulatory requirements. In March 2007,
at what level of risk, Grinsven says. “The
environment for securities lending. The Northern Trust began sending detailed
use of data providers has become more
underlying outlook for securities lending loan and collateral information to some
prevalent, as agent lenders look for ways
remains strong, recent market turbulence Canadian borrowers. We are currently
to provide this insight to their clients.
notwithstanding. As markets become testing how to adapt the US agency
The growth of hedge funds and new
more sophisticated, more capital is lender disclosure files for the global
strategies, such as active extension, has
deployed on the short side of the market, borrowing community. In that vein,
fuelled growth in the market, leading to
which is good for securities lending. Northern Trust is participating in a trial
higher levels of securities on loan for
Kathy Rulong, executive vice president group with several borrowers.”
lenders. Active extension, such as a
responsible for global securities lending Bill Smith, managing director and sales
130/30 strategy, has become more
at BNY Mellon Asset Servicing, is on the executive for JPMorgan’s US securities
attractive in the market as investors look
side of the optimists: “The ongoing lending business, draws attention to the
for new ways to add alpha.”
possible fallout from the merger of the
Bank of New York and Mellon Financial
as a key factor in the further development
of securities lending in the US in the
short, medium and long term. “You have
two bulge bracket players becoming one
bigger bulge bracket; there must be some
fallout that we can capitalise on,” he says.
He takes a novel view, too, of the
changes that might take place as a result
of the recent market volatility, changes
that could well enhance further the role
that the large well capitalised financial
Glass houses? institutions will play in the securities
lending market. “Volatility of that
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degree creates distractions from the day accept certain foreign collateral, as well when obtaining and financing the
to day business of lending securities for as an expanded list of US collateral necessary collateral for a securities loan,
clients, and we’ve had to spend a good linked to SEC Rule 15c3-3. Prior to the as well as reducing the cost of any such
deal of resources on discussing the exemption, pension plans could accept financing. In addition, plans will in many
markets,” he observes. only US cash, US Treasury securities and cases be permitted to accept collateral
Smith continues: “Everyone can see letters of credit issued by US banking denominated in the same currency as the
the importance of a large, strong institutions. foreign securities they are lending. This
balance sheet, and the value of For pension plans to lend to borrowers will eliminate the foreign exchange
indemnification against broker default. It in permissible jurisdictions other than component of the collateral process. It
changes the way you look at the role of the UK and Canada, the exemption may also provide new cash collateral
the agent. Moreover, the sheer size and requires plans to have a borrower default investment opportunities.”
scale of JPMorgan means that we have indemnification (indemnity) from a US He continues: “Prior to this exemption,
subject matter experts in just about bank or broker-dealer lending fiduciary. US plan sponsors faced more restrictive
every area of the markets you can think For the UK and Canada, borrowers must securities lending requirements than
of. If we have questions about short agree to submit to US jurisdiction, foreign plans, which in many cases were
term asset backed commercial paper, we appoint an agent for service of process in limited only by potential cross border tax
can go right to the relevant staff who the US and agree to settle disputes concerns. Thus, in addition to new
have the broader experience to educate exclusively in US courts; otherwise, an opportunities for greater utilisation and
and comfort clients.” indemnity from a US bank or broker- increased revenue, the new exemption
In short, when markets are calm, the dealer fiduciary is also required. also provides US plan sponsors with a
depth of thinking is shallow, and Lending to foreign borrowers will more level playing field versus foreign
concentrates on easily earned increase utilisation and revenue for US plans and allows them to compete
incremental income. In choppier waters, pension plans. For example, prior to the globally for lending opportunities.”
thinking has to deepen. “We evolve from new PTE, pension plans that had Furthermore, in 2006, Congress
being a vendor to being much, much portfolios of foreign fixed income rewrote parts of ERISA itself, adding a
more,” he says. “There is safety and securities, such as sovereign bonds, had new service provider exemption.
comfort in having a big, strong multi- little or no opportunity to lend those “Practitioners are still debating the scope
faceted bank as your agent.” But then, of securities due to a lack of demand from of this new provision,” McAuley says.
course, he would say that, wouldn’t he? US borrowers. This asset class should “However, once some of the issues
On a more technical note, Mike now generate additional lending revenue surrounding its requirements are
McAuley, senior managing director and due to increased demand as pension plans clarified, many believe it will provide
chief product officer for State Street’s add foreign borrowers to their list. plans with a statutory exemption that
Securities Finance division, describes the The new collateral requirements are will be easier to comply with and allow
changes to the rules for lending on behalf linked to SEC Rule 15c3-3, expanding most types of securities lending
of US private pension funds as the most ERISA’s original collateral limits to transactions, including transactions not
significant regulatory event affecting the include, in part, certain debt securities currently permitted under the new class
US lending market in recent years. issued by US governmental agencies exemption.”
In late 2006, the US Department of (such as Fannie Mae), CMOs, asset In the interim, because the DOL’s
Labour (DOL) issued prohibited backed securities and corporate debt. class exemption is more detailed in its
transaction exemption (PTE) 2006-16 Also, four types of foreign collateral are language and requirements, pension
under the Employee Retirement Income permitted under the new class plans are more likely to use it as their
Security Act of 1974 (ERISA), McAuley exemption: debt securities backed by a regulatory map until the requirements of
explains. The new PTE, which allows multi-lateral development bank the service provider exemption are
pension plans both to lend securities (European Bank for Reconstruction and clarified, reckons McAuley. “That is not
outside the United States as well as Development or Asian Development to say pension plans will not
accept certain foreign collateral, became Bank, for example); highly rated foreign immediately benefit from the ERISA
effective on 2 January 2007. sovereign debt securities; cash in euros, revisions. Even with the DOL exemption
This new class exemption includes two British pounds, Canadian dollars, Swiss as their regulatory map, pension plans
key provisions, he notes: US pension francs or Japanese yen; and letters of will still have the new statutory
plans can now lend directly to certain credit issued by a foreign bank meeting exemption as a reassuring ‘safety net’ of
broker-dealers and banks outside the specified criteria. authority for their broader lending
United States, specifically in the UK, These broadened collateral rules not practices. The new opportunities
Canada, Japan, Germany, the only allow pension plans to participate in presented by these regulatory changes
Netherlands, Sweden, Switzerland, more loans, but in many cases, plans can will cause plan sponsors and fiduciaries
France and Australia. Prior to the also realise marginally more lending to seek out global service providers with
exemption, pension plans could lend only income, State Street’s McAuley adds. the most experience working with
to US borrowers, except in a few “This income will be a result of foreign broker-dealers and dealing with
instances where the DOL granted borrowers no longer needing to go cross border legal, tax and operational
individual exemptions. Plans can now beyond their inventory as frequently concerns,” he concludes. ■
Melissa Gow
Managing Director
EquiLend
North America +1 212 901 2200 | Europe +44 (20) 7743 9510 | www.equilend.com
EquiLend LLC and EquiLend Europe Limited are subsidiaries of EquiLend Holdings LLC. EquiLend LLC is a member of the FINRA and SIPC. EquiLend Europe Limited is authorized and regulated in the United Kingdom by the Financial
Services Authority. All services offered by EquiLend are offered through EquiLend LLC and EquiLend Europe Limited using EquiLend proprietary technology and software. © 2001-2007 EquiLend Holdings LLC. All Rights Reserved.
ISJ24 pp62-79 ML 7/9/07 11:01 am Page 76
CLASS ACTIONS
CLASS ACTIONS
achieve this without further financial next decade. For fund managers and million (EUR698 million).
risk, they may use the class action tool. custodians, there is evidently a need to
This action is also known as an “asset implement automated client services that Pressure on hedge funds
recovery vehicle” and is primarily an ensure investors’ right to claim is The search by investors for high yield
American process. Each action needs to properly and promptly managed. investments has led not just to an
be dealt with on a case by case basis due increased willingness to invest in foreign
to the complexity and individual The reclamation gap markets, but is also behind the enormous
circumstances of each class action. There is another major area of potential growth in hedge fund popularity. The
Although each case is different there are investor loss. Dividends on foreign industry has grown from just USD40
standard claim procedures that are used shares and yield from foreign bonds are billion under management 15 years ago,
throughout the industry. subject to withholding tax. This is a tax to over USD1.5 trillion today. Hedge
on earnings that the country’s tax office fund managers face a particular challenge
How do they benefit shareholders? (the country in which the share or bond regarding the reclamation of
The securities class action tool gives the is issued) deducts at source, a proportion withholding tax on foreign investments.
disadvantaged shareholder the of which can be reclaimed by the owner Custodian services may be engaged to
opportunity to recover lost funds of the shares/bonds. go beyond execution into portfolio
without further financial risk. As a lead However, our new research shows that services of this kind. However, hedge
plaintiff (usually one of the largest around 25% of that reclaimable tax is fund investors often require the kind of
shareholders who has incurred a loss) left unreclaimed. This amounts to some anonymity which is impossible to obtain
the shareholder can enforce corporate USD10.5 billion of shareholder returns through banking services – simply
governance on a company found to be that are being wasted – left unreclaimed because the regulator’s quite correct
guilty of corporate wrongdoing. Under in a foreign country’s tax system. This demands for investor transparency
US legislation, all disadvantaged represents an 81% increase in the annual overall spills over into this area,
shareholders are included in the class amount wasted compared with 2003, demanding that the investor be
membership of a class actions case. If a when GOAL last conducted an analysis individually identified. However, the UK
case is successful and settlement is made, of the situation. FSA has opined that withholding tax
funds are set aside for class members With the increasing popularity of reclamation is not an area that it intended
who then only have to complete a proof both dividend payments, and cross to sweep up in its very important drive
of claim form to receive the funds due to border securities, this unreclaimed tax for overall transparency. Therefore,
them. will continue to rise unless fund hedge fund managers are now tending to
Investors whose securities become the managers’ service providers – often turn to outsource tax reclamation
subject of a class action mainly assume custodian banks – improve reclamation specialists – who, unlike the banks, are
that their fund manager or custodian is levels. Increasingly savvy investors, in unregulated – to perform this service.
set up to automatically trigger the markets where high yield investments Reclamation takes place at the fund level
complex series of administrative and are harder to come by, are putting the rather than the investor level, and the
legal moves which help entitle that fund management community under considerable sums currently left
investor to a share in any settlement or growing pressure to maximise their unreclaimed, can now be efficiently
judgement. Sadly, this assumption is still investment returns. Nowadays there retrieved.
mainly erroneous. Most investment really is no excuse for non-reclamation - In conclusion, investors are becoming
management and administration technology now exists to automatically increasing rigorous in their scrutiny of
organisations are not set up to perform the highly complex task of investments and are putting pressure on
automatically trigger and process such reclaiming tax, a process that has to fund managers to provide greater
claims. One of the leading US lawyers in incorporate up to date information, transparency. In turn, fund managers,
securities class action reclaims has been formats and procedures from a pension funds and hedge fund managers
quoted as saying: “Every year, hundreds multiplicity of different legislatures are becoming increasingly aware of the
of millions of dollars are lost simply around the globe. existence of automated systems to enter
because they go unclaimed.” In fact, leading custodians have class action suits and to reclaim
In terms of recent trends in class recognised the market opening withholding tax, whether in-house or on
actions in the US, one expert represented by effective tax reclamation an outsource model, and are beginning to
commentator has noted that the actual services, both for their fund manager include the requirement for such facilities
number has declined somewhat between clients, and as an interbank services as a standard part of their custodian
2004 and 2006. But at the same time opportunity. Automated reclamation services RFPs. With the rise of
another commentator also notes the facilities have now made the provision of dividends and overseas investing, legal
inexorable rise in ‘mega settlements’ such services highly profitable, in a claims and tax reclamation is likely to
resulting from such actions. Moreover, market climate where other revenue become an even more essential element of
the spread of geographies and streams are declining. Our research cross border investment services. ■
legislatures in which class actions are shows that the global market for
gaining traction suggests that the global withholding tax reclamation services by Stephen Everard is managing director of
picture will increase as we move into the custodian banks is worth USD863 GOAL Group
REGULATION
Scope of regulation
On the compliance side, regulation in the
form of UCITS III has pushed towards
opening up borders as a market by
providing a framework for players to
operate in different geographies across
REGULATION
the fund. that they were previously not permitted. following the sub-prime crash, will be a
If a fund is using derivatives, the VaR United risk and compliance welcome relief.
model is required, and to adequately Taking these factors into account, it A few years ago, risk management was
calculate this will mean the risk would make sense that the risk and not a ‘favoured son’ for buy side firms, yet
management function uses the right compliance departments work together now it may prove to be the breadwinner,
process in-house to measure the broad in order to establish a trading position providing resilient to hard knocks and
range of risks that are present in all of that rarely sees non-compliant trades or offering its fund the chance to take each
the instruments traded – not easy in the delays due to uncertainty. Less than half commercial opportunity as it appears. ■
case of OTC derivatives. of fund managers have combined these
To ensure a system is not going to two departments and instead are
result in non-compliant trades, firstly, the working on the tasks separately.
organisational structure must be Analogously, this is like two people
About Aquin
correctly deployed to monitor the trading trying to row a boat without The Aquin Group (www.aquin.com)
process. The fund’s senior management communicating – working on risk is the expert in investment
should establish an appropriate without a rules-based approach gives the compliance. Our goal is to provide
supervisory structure, involving a fund manager an uncertain position, solutions, which increase the
dedicated risk management team. They while appearing to move forward. efficiency and competitive position
must ensure that the products used are Aquin’s MIG21 system combines the of our clients, enabling them to
provide comprehensive client
services and maintain prudent
Almost inevitably, clients pushing for alpha lead to operational and regulatory controls.
interest in riskier and more complex products Aquin’s reputation has been built
on the combination of financial
business knowledge, IT expertise
fully understood by the fund manager two challenges and provides a single and long term client relationships.
and that the system deployed to monitor interface for gathering and pooling this MIG21 is the market leading
these products use is also suitable. information. Tied to any preferred investment compliance and risk
The separate roles of risk and trading supplier of market data, MIG21 enables a monitoring software. MIG21
functions should be clearly delineated. fund manager to establish their real optimises ex-ante and ex-post
Where complex securities are being used, position, while maintaining an up to date checking and administration of
the monitoring system may require the grip on the very latest regulatory legal, contractual and internal
investment guidelines for asset
utilisation of new data feeds that support situation. With its Lawcard service,
management companies, advisors,
an internal – or at least independent – Aquin offers a team of dedicated custodians & insurance
verification of pricing. Data from the individuals that feed relevant regulatory companies. With MIG21 LawCards,
product supplier is not sufficient. When changes and decisions to MIG21’s users customers are always in full
one considers that MiFID will also be as a compliance news feed including rule compliance with latest changes in
coming into play as of 1 November 2007, changes in the compliance system, thus the world's major investment
price formation may be further removing the challenge of non- jurisdictions, including UCITS III
challenged. The likely fragmenting of compliance while supporting the risk and SEC 1940.
liquidity that will occur as off exchange area of the fund. Aquin services a blue chip client
trading begins (or increases depending The potential benefits of this are two- base including the world’s leading
on the country) also creates a challenge fold. First, it assists the risk manager in investment management
for buy side firms that have relied upon a understanding what may be subtle companies including, among
few trusted data sources for dealing in variations in regulatory approaches others, CACEIS Bank/Fastnet,
equities. between countries and develop a risk Citigroup, Credit Suisse and State
The removal of the concentration rule management approach that is Street, as well as five of the top
makes off exchange trading possible appropriate. This is vital if the fund is to six German asset managers:
across the EU and thus the prices at trade acceptably in an environment in Deutsche Bank/DWS, Allianz
which trades occur will be found in an which it is not domiciled. Where a fund is Global Investors,
increasing number of locations, giving interested in moving into new Commerzbank/ComInvest,
fund managers the headache of jurisdictions such rapid adaptability is HVB/Pioneer Investments and
Union Investment.
aggregating this data. The regulatory vital as it reduces training requirements,
The company has its
environment will also likely drive sourcing requirements and potentially headquarters in Frankfurt am
innovation in product development and difficult legal situations – plus associated Main and subsidiaries in Zurich,
fuel cross border competition, as asset costs. Paris, Luxembourg, London,
managers move into the space Second, the improvements to risk Dublin and New York and will
traditionally dominated by hedge funds management give a fund manager the open up an office in Boston at
and the hedge funds themselves are able confidence to trade complex products the end of this year.
to sell products to the retail environment across these geographies, which,
MIFID
MiFID in focus
With the November deadline looming, ISJ asks key industry figures
who is ready and who is likely to benefit the most from MiFID?
Readiness
It is not completely clear which parties are ahead in terms of preparation due to the wide ranging
implications of MiFID. However, we, like most large organisations, are on track for the 1
November 2007 MiFID implementation. Various articles in the press have indicated that half
the firms are behind schedule.
Domestic regulators
The UK Financial Services Authority has been the most proactive regulator in Europe. However,
the guidance on certain aspects of MiFID, especially on best execution for securities lending,
have been less specific than hoped for. Regulator hosted Q&A sessions with the regulated
entities on specific products and services would assist in providing clear guidance on MiFID
applicability.
Opportunities
MiFID compliant organisations will be able to passport their products and services and expand in Europe. Also, the increased
market competition resulting from the creation of systematic internalisers will reduce the cost of obtaining best execution.
Is your custodian
focused on you?
We are.
Swedbank Markets
Custody & Banking Service - Stockholm, Sweden
Part of Nordic Custody Alliance: Swedbank, DnB NOR, OKO Bank, Amagerbanken
ISJ24 pp80-99 ML 7/9/07 12:49 pm Page 82
MIFID
Readiness
It is certainly true to say that firms are currently getting MiFID-ready, with numerous projects
underway to ensure they are MiFID compliant. The majority of these projects are ongoing and
while most firms will be compliant by 1 November, work will continue beyond this. It is
unlikely that on 1 November, there will be a big bang and a sudden, visible difference in the
way this industry operates, but over time, we have already seen and will continue to see the
landscape is evolving and reacting to this new legislation. Firms who are leading the way are
those that are innovative and technologically advanced.
Goals
There is already evidence that many of MiFID's objectives are being achieved - multiple
DAVID STEVENS, CEO venues, best execution and enhanced product offerings - and at ITG, we believe MiFID will
OF ITG IN EUROPE have a positive effect on the industry. We hope it will level the playing field, enabling
technology to provide best of breed markets. Furthermore, greater competition, more trading
venues and more valued products will mean that asset managers and end clients are likely to
benefit from a more efficient marketplace.
Opportunities
MiFID brings with it a wide range of opportunities and we have experienced heightened interest in a number of our
products due to best execution requirements. We have seen record volumes in POSIT, ITG's dark pool of liquidity, as
investors look at multiple venues. Best execution has also accelerated the demand for, and the development of, ITG's suite
of algorithms and the requirement to measure and monitor trading costs has resulted in increased interest in our pre-,
intra- and post-trade analytical tools.
Readiness
It's relatively clear to us that the UK is leading the market in terms of both legislation and
guidance to market participants, even though it wasn't the first to transpose. In terms of
market participants, we have seen several conflicting surveys indicating either that the market
isn't ready and everyone will have to pay fines during 2008, or alternatively that most of the
market is ready for MiFID. Our clients appear to be spread across the spectrum, there are
some that are clearly ready and have been planning their MiFID response for some time;
others that appear to be doing the minimum possible to be just about compliant enough to
avoid the wrath of the regulators; and yet more that have done nothing at all.
Domestic regulators
In our opinion, the market regulators could be giving more concrete guidance. For instance,
RICHARD GISSING, we were expecting the Committee of European Securities Regulators (CESR) to define in
CHIEF TECHNOLOGY detail the content of pre-trade and post-trade transaction reports in its Level 3 clarification.
OFFICER, GISSING But it hasn't. This leaves open the possibility that each local regulator will make its own
SOFTWARE specification, and these could be different. This again raises the spectre of 30 slightly
different sets of rules for market participants to comply with.
Goals
There is a real risk that the goals of MiFID will not be realised, and certainly not immediately. The Lamfalussy process has
the advantage of involving the market in the implementation of the legislation, but by not being at all prescriptive in its
requirements it increases the complexity and frustrates clarity. The other extreme would be a wholly prescriptive process,
such as the US Reg NMS, but this leaves no room whatsoever for creating competitive differentiation and attracting new
clients and liquidity based on differentiated service offerings and prices. Rather than creating a single transparent
European market in equities, it is possible that MiFID will simply bog all the market participants down with increasing
regulation and bureaucracy, increasing the costs of participating while reducing the rewards. This may both drive
participants out of the market and encourage fragmentation of liquidity.
Opportunities
There are definitely some opportunities. The big investment banks can extend their prime brokerage services to include
MIFID
MiFID compliance in several areas. If some market participants decide there's no longer enough margin in equity trading
or broking, there will be more business to be won by the remaining participants. MiFID may, inadvertently, speed up the
process of consolidation in the European financial markets, so those firms looking to grow by acquisition may find more,
and more willing, targets. And those firms prepared to use technology to provide a better quality of service to clients, such
as using real-time price discovery and venue selection as part of their best execution policy, will attract clients from those
firms who will select a single venue and ask their clients to sign up for this every year.
Readiness
From a Chi-x perspective, we can see that many firms are busily addressing their MiFID best
execution requirements. We have a busy pipeline of firms keen to get connected to Chi-x,
especially given we are live and trading UK, German and Dutch stocks. They tell us that they
are encouraged by our early volumes and that prices on Chi-x are often better than those on
the incumbent European exchanges. Core to the best execution requirement is the need to get
the best possible result. In July, for example, the average price improvement for the trades
executed inside the primary market spread was 2.17 basis points, which represents real price
improvement for our clients and their end investors.
Domestic regulators
Chi-x is regulated by the UK Financial Services Authority, which has been nothing but
PETER RANDALL, supportive in our efforts to launch the first live order driven equities alternative trading system
CEO, CHI-X (ATS) in Europe.
Goals
We firmly believe in the benefits that MiFID will bring. The removal of the European concentration rules open up the
market to greater competition and this will bring two key benefits to the European equities marketplace. First, it will bring
competition. We firmly believe that it will be competition and not consolidation that will drive down the cost of trading in
Europe. Second, we are already seeing that our cheaper costs of trading, clearing and settling European equities,
combined with our high speeds (round trip latencies of 2 milliseconds) and high capacities (we can handle some 30,000
transactions per second) are attracting new liquidity to the European marketplace. High frequency traders who have been
frustrated by the speed and capacity limitations of the incumbent market infrastructure are now beginning to bring their
business to Europe and trading on Chi-x.
Opportunities
MiFID brings many opportunities. It opens up the playing field for competition, allowing new pools of liquidity offering
more competitive pricing, higher speeds and greater capacities. Trading technology enables brokers to connect easily (FIX
4.2) and smart order routing technology facilitates simultaneous price comparison and execution, enabling brokers to fulfil
their best execution requirements.
We firmly believe that the new MiFID world will bring greater transparency, lower trading costs and greater competition to
the pan-European equity trading landscape.
MIFID
Readiness
The leaders are a very small number of major investment banks - maybe a dozen or two out of
the more than 2,000 broker firms in Europe. In some cases they have been working on their
systematic internaliser projects for over two years, while the vast majority of broker firms have
been just hoping that MiFID might go away. A small number of firms are already looking to
take commercial advantage and first mover advantage of MiFID. Most firms are merely looking
to achieve the minimum level of compliance this year, and some of the remaining larger firms
expect to develop new trading platforms (as systematic internalisers or in cooperation, as
multilateral trading facilities) in 2008.
Domestic regulators
CHRIS PICKLES, MANAGER, Not all market regulators have been giving serious or adequate support to investment firms in
INDUSTRY RELATIONS, BT their countries. The UK's FSA and France's AMF stand out as examples of regulators taking an
GLOBAL FINANCIAL SERVICES active role in working with their domestic investment community. In some cases, market
regulators have not been supported adequately by their own governments in terms of
resources and finances in order to assist investment firms. Many regulators, even from major
EU member states, could do much more than they are doing today.
Goals
MiFID has been created to ensure a better environment for investors through encouraging competition. The result should
also be a more efficient and competitive financial services industry in Europe. This doesn't mean that the industry will be
the same shape or that there will be the same players, or as many players as there are today. We are already seeing
consolidation in the industry of banks, brokers, exchanges, and data vendors. We're also seeing new execution venues that
are producing better prices and that are attracting serious order volume. The world is about to change - things grow or die,
but they can't stand still.
Opportunities
There are opportunities to gain commercial advantage from providing new execution venues that are more profitable for
clients and for investment firms. There are opportunities to provide clearing and settlement services to new customers who
could not access them before. There are opportunities to collect and distribute market data that wasn't distributed before.
There are opportunities to build new market indices to meet the needs of a single pan-European market. There are
opportunities to create stronger and more competitive exchanges and investment firms through mergers and acquisitions.
Survival can also be considered as an opportunity: not taking advantage of MiFID is not a recipe for survival.
Readiness
From a legal point of view, most of the banks in Europe will respect the MiFID deadline.
However, to be ready from a legal point of view does not mean that all the opportunities
created by the MiFID will be set up for the 1 November 2007. Some new products could
appear only a few months after the MiFID deadline. Concerning the banks' organisation, they
will have different levels of automation of their processes, depending of the volume and the
nature of their services. This level of automation could vary in the future according to the
demand of services and the market evolutions.
Domestic regulators
The regulators support the industry. One of their rules in the Lamfalussy procedure was to
implement, as soon as possible, the MiFID provisions to give time to the banks to adapt their
ERIC DE NEXON, HEAD OF processes. They tried to do so, but most of the regulators did not succeed and did not respect
STRATEGY FOR MARKET their MiFID deadline (which was the 31 January 2007 for regulators). The industry had
INFRASTRUCTURE, SOCIÉTÉ therefore less time to adapt their organisation in order to be fully compliant with MiFID. The
GÉNÉRALE SECURITIES SERVICES regulators should take into account the fact that the deadline for the industry was then
shorter than initially agreed.
Goals
MiFID should increase the competition in Europe. It will impact the banks but also the trade and post-trade
infrastructures, as it will be possible for the stock exchanges, to choose their CCP and their CSD for the clearing and
settlement of their trades. It will also be possible for the brokers, to choose the place of their settlement, if the
MIFID
infrastructure links exist and are efficient. In France, the French obligation of concentration of orders on the stock
exchange will disappear. The banks will be allowed to internalise the orders or to use multilateral trading facilities (MTFs).
This competition should be positive, especially if the liquidity remains important and if the possible fragmentation of the
market is linked with a good level of transparency (pre-trade, but above all post-trade transparency).
Opportunities
The new platforms as Turquoise or Chi-x can offer opportunities, in term of prices for example. The banks will also be able
to offer new services to the clients, and they will try to simplify, as much as possible, the consequences for the clients of
the possible fragmentation of the markets. New opportunities will appear as a consequence of market evolution. Banks
would be able to provide services to market professionals that do not have access to the liquidity or that cannot afford the
costs induced by implementing the directive, regarding for instance pre- and post-trade transparency and reporting to
clients and regulators. Concerning the funds industry, the depositaries will be able to propose to asset managers to in-
source part of their MiFID obligations, in, for instance, adapting their reporting to the categorisation of the final client of
the asset managers (retail, professional or eligible counterparties). The asset managers will therefore be able to stay
concentrated on their core mission, which is the creation and management of funds.
Domicile Debate
For more information on Custom House, the only hedge fund administrator awarded a
Moodys Management Quality Rating, please review our website:
(www.customhousegroup.com)
CH ICAGO D UB LI N S I N G A P O RE
Chicago Administration & Corporate Services LLC. Custom House Administration & Corporate Services Ltd. Singapore Administration & Corporate Services Pte.
372 West Ontario, Suite 1N, 25 Eden Quay, 180B Bencoolen Street,
Chicago, IL 60610. Dublin 1, Ireland.
Tel : + (1) 312 280 0330 Tel: +(353) 1 878 0807 Tel: +(65) 6303 8393
Custom House Administration & Corporate Services Limited is authorised by the Irish Financial Regulator under Section 10 of the Investment Intermediaries Act 1995, which
authorisation does not extend to the Chicago or Singapore Representative offices.
CH_Advert_Day&
Night.indd 1 26/01/2007 13:40:29
ISJ24 pp80-99 ML 7/9/07 12:50 pm Page 88
With more than EUR2 trillion in assets under Jersey continues to experience success as it drives forward
administration in investment funds, Luxembourg has been as an international centre for funds business and this can be
very attractive to investors worldwide for a long time. Due attributed to a number of factors. The island's reputation
to increasing competition from offshore centres, the for its appropriate and proportionate regulation is one
legislator recently has introduced a new vehicle for the major factor, as is its proximity to London and ability to
institutional, professional and well informed individual operate across numerous time zones - a feature few other
investors. Although supervised by the financial authority in jurisdictions can match.
Luxembourg (CSSF), the new vehicle is only lightly Jersey benefits from a wealth of experience and
regulated and its flexibility and tax efficiency spur it as an professional expertise, having administered financial
onshore alternative to existing Cayman or BVI funds. products for over four decades. This includes a first class
Introduced in Luxembourg in February 2007, the supporting infrastructure of lawyers, accountants and the
Specialised Investment Fund (SIF) replaces the Channel Island Stock Exchange. Tax neutrality for funds
institutional investor fund structure. As SIFs are reserved also remains vital alongside the island's stable political and
not only to institutional and professional investors but also economic environment.
to individuals, less investor protection is required. While optimism is high, Jersey seeks to remain innovative
Therefore SIFs may invest in any type of assets, such as to retain its leading position within a hugely competitive
securities, derivatives, currencies, deposits, traditional funds environment. The launch of the Expert Funds regime in
or hedge funds, real estate, private equity, claims, 2004 was a clear signal that Jersey was willing to adapt the
receivables, but are required to spread risk -a recent CSSF regulatory environment to accommodate the changing
circular imposes a maximum of 30% of the funds' asset in needs of fund administration. Expert Funds have seen
any security. However, derogations are possible, for instance acceleration in take up as the 'light touch' regulatory
if the underlying investment is sufficiently diversified. approach has found wider recognition amongst fund
SIFs may be set up either in a corporate form, as a public or promoters, professional investors and advisors.
private limited company or a partnership limited by shares, In recent years, the pattern in Jersey has been for an
or in a contractual form, as a unit trust. As for supervision, increasing number of specialist funds to be launched,
the directors of the SIF or management company (trustee) including property, hedge funds, private equity and other
have to demonstrate their reputation and skills (financial specialist vehicles and recent regulatory developments have
and industry experience) to the CSSF. However, no prior supported this. As at March 2007, the net asset value (NAV)
approval or assessment of the promoter or the investment of 'specialist' funds accounted for over half of the total
manager is required. A SIF will even be able to start its NAV of funds under administration in Jersey.
activity without CSSF approval, provided the application is The next stage in the evolution of the funds sector in Jersey
filed in the month following the set up of the fund. is likely to be based on the regulation of the service
Finally, a SIF structure can also prove to be highly tax provider, rather than the fund itself. The regulator
efficient, as it is exempted from dividend capital gains, recognises that it is not a one size fits all approach and that
corporate and wealth taxes. The only levies due are the regulation needs to be balanced and appropriate.
capital duty of EUR1,250 upon incorporation and an Moreover, Jersey is developing a reputation as a credible
annual subscription tax of 0.01% on the net assets of the alternative for hedge fund domiciliation and servicing.
fund. Currently, a SIF incorporated as a company can Some hedge fund managers and related service providers
benefit from tax treaties concluded by Luxembourg. have already moved to the island, emphasising that Jersey
Launching a SIF generally takes the same time as setting up remains very much open for business and responsive to the
a similar Cayman or BVI structure. Already it seems that changing international marketplace.
SIFs are becoming a successful structure, with close to 300 While the funds business is growing between Jersey and
vehicles approved and one structure on average being set up emerging markets, London remains a key market.
each day since February this year.
ROB MCINTYRE, MANAGING PARTNER, BVI OFFICE, CHRISTIE WALTON, ASSOCIATE, MAPLES AND CALDER,
MAPLES AND CALDER CAYMAN ISLANDS
As the popularity of offshore hedge funds with institutional The Cayman Islands are generally regarded as the leading
investors has grown in recent years, the managers of these offshore jurisdiction for investment funds. The Cayman
funds have come under increasing pressure to offer Islands Monetary Authority (CIMA) reported that as of
investors preferential terms. This has led to the increased the end of 2006, 8,134 active funds were regulated by
use of the side letter, a written agreement with a particular CIMA, with an additional 1,060 funds having been
investor that sets out terms different from those offered to registered/licensed by CIMA in the first half of 2007. This
other investors in the same fund. number is said to represent as much as 80% of the world
The general question of whether a side letter is enforceable market. There are in addition, a significant number of
will depend on both the terms of the side letter and the private equity and other unregistered funds domiciled in
specific terms of the articles of association of the fund in Cayman that fall within the available exemptions.
question. It will also depend on the specific disclosure made Although many perceive the most important benefit of
to investors in the offering document for the relevant domiciling a fund in the Cayman Islands to be the lack of
shares. It is therefore not possible to state with any direct taxes of any kind, the domicile offers a number of
certainty whether the terms of a template side letter will or other important advantages.
will not be enforceable under any circumstances. The legal system in the Cayman Islands is based primarily
Side letters should always be customised to reflect the on English common law and some key English statutes.
particular terms of an investment. Template side letters Funds may be structured as companies, partnerships or unit
rarely achieve what the parties really intended with trusts, or in multiple fund structures - a combination of
precision. Because of a particular fund's structure or these vehicles. The stability of the government and the
articles of association, it may be necessary to reach the consistency, flexibility and familiarity of its laws makes the
desired outcome by different means. An improperly Cayman Islands attractive for fund managers and investors.
structured side letter, or one that is inconsistent with other Lack of exchange control restrictions or regulations means
side letters, is more likely to be unenforceable. For example, that funds can be freely transferred to and from the Cayman
some side letters contain gating provisions that are so Islands.
complicated that construction of the agreement in the side Unlike many of its offshore counterparts, the Cayman
letter becomes an issue. In other cases, at a time of crisis, it Islands can boast a large number of resident industry
becomes clear that every investor has a preferential gate professionals providing the full range of legal, accounting,
position and the fund in question simply cannot administer audit, fund administration, custodial, independent director
all of its side letters. Mass redemptions will trigger any and trustee services. Not only are there numerous resident
number of contractual rights, putting the fund and the professionals to establish and operate funds, qualified
investment manager in breach of obligations under other forensic accountants, liquidation and litigation specialists
side letters. are also available to assist funds that are experiencing
While side letters are very often useful tools, which allow a difficulties. Fund managers, therefore, have a wide variety of
fund to bring institutional investors on board without service providers to choose from to service their funds'
amending the fund's base documentation, they should specific needs. Investors may also benefit from the range of
always be tailored to the specific investment that is to be service providers - in terms of retaining separate legal
made. To be truly effective, side letters should give due representation, competitive fees and independent director
consideration to the general terms set out in the offering services that may afford greater investor protection.
documents and articles of association of the fund in Notwithstanding the number of resident service providers,
question. Fund managers should be aware that the template Cayman Islands domiciled funds are not required to appoint
side letters that are often presented to them by potential local directors or local service providers - aside from
investors, while helpful at the initial drafting stage, are no needing a local registered office, and, with respect to CIMA
substitute for a bespoke product. regulated funds only, appointing an approved local auditor
to sign off on audited accounts.
C A P I TA L M A R K E T S | C O R P O R AT E | F I N A N C E | I N V E S T M E N T F U N D S | L I T I G AT I O N | R E G U L AT I O N | T R U S T S
www.maplesandcalder.com
ISJ24 pp80-99 ML 7/9/07 12:50 pm Page 92
Although Cayman Islands domiciled funds may pay marginally increasing institutional investment necessitates the need for
higher registration, annual and other government fees than greater operational transparency.
funds domiciled in other offshore jurisdictions, the statistics Launch 'n' List, a new initiative introduced in partnership by the
suggest that many fund managers have determined that the Bermuda Stock Exchange and the Bermuda Monetary
advantages of domiciling a fund in the Cayman Islands Authority, also streamlines processes for hedge funds doing
outweigh potentially increased costs. For the foreseeable future, business in Bermuda. Managers are able to submit paperwork
the availability of industry professionals, flexible fund simultaneously to the island's financial regulator and the
management and a stable legal system will continue to make the Bermuda stock exchange, which speeds up turnaround times for
Cayman Islands an attractive and practical option for fund listing to as short as two weeks. Additionally, listing on the
domiciliation. exchange adds a layer of transparency to funds, as listed shares
are considered liquid assets, and are monitored by the exchange
to ensure good governance.
In summary, Bermuda is a jurisdiction of choice for managers
and institutional investors seeking a quality and transparent
regulatory environment. Constant vigilance by the Bermuda
Monetary Authority maintains the island's credibility and
reputation, raising the bar for offshore jurisdictions. Bermuda's
flexible approach towards innovation continues to make it a
more user friendly place for managers to do business.
This certainly seems to be the case for the increasingly popular Investor level performance fees are a thorny issue but it
asset class, private equity, where Guernsey is emerging as a doesn't have to be this way. Both the size of these fees,
domicile of choice for new funds in the European time zone, normally 20%, and a fear that investors will default on the
both as an early mover and for demonstrating regulatory payment, have led to a highly complex administrative
flexibility and innovation. So does this make Guernsey the right environment in order to manage the process. Performance
choice or just the easiest one? One suspects that convenience fees were originally calculated as a single value at the fund
and familiarity play a significant part in the decision, and why level with all investors paying a certain portion of the fee
not, one might ask? regardless of their circumstances. In the current climate
The demand for high quality, scaleable expertise available to the where transparency is king, the fees are calculated at the
principal service providers -administrators, lawyers and investor level to ensure there is clear and fair treatment for
accountants, is presenting capacity issues for some of the all. The straightforward dealing registration function has
offshore domiciles where there is a limited population and in therefore mutated into a labyrinth of complexity.
some cases, high turnover. The importance of accessibility and To address these challenges, the US market devised a
communication at a time when alternative products are moving solution. They created the Series method, which is a
towards more frequent valuation and reporting, places performance fee equalisation technique. This works well
increasing emphasis on having access to service providers in the under a US partnership or capital accounting model.
same time zone. However, the solution works less successfully in Europe, as
The industry continues to innovate, underlying the importance funds are structured on a unitised basis. Force fitting the
of reassessing the options for each new product. Capital flows Series method is challenging for the investor servicing
are coming from different sources; onshore regulators continue industry, giving rise to difficulties with Series identification,
to remove restrictions previously preventing broader access to Series consolidation processing, investor reporting and
alternative asset classes; the institutional investor, typically the multiple stock exchange listing overheads.
pension funds, are increasing their allocations to alternatives Alternatives to this method were proposed for the unitised
but still demanding higher levels of regulatory oversight, accounting world, but they too all suffered from a range of
perceived or real, from the domiciles in which their assets are the same challenges. The main problem was the sheer
supervised. This will force the onshore centres to create difficulty in understanding the methods, which led to
opportunity and capacity for products previously only available difficulties in reporting the complex calculations to
to offshore domiciles. investors. Without an appropriate platform, administrators
The flexibility to administer a fund from any domicile in a typically struggle along using high risk, manual
location convenient to the client is becoming an increasingly calculations with manual reporting. This makes any strong
valuable quality of the administrator. The alignment of fund controls around reconciliation, auditing and management
domicile to place of service provision is likely to become more information virtually impossible. These difficulties are
disconnected over time; the winners in the industry will be compounded by additional complexities associated with
quick to respond to this change. tracking High Water Marks, applying simple Hurdle rates
or variable Hurdle rates.
The good news is that there are appropriate solutions
readily available for those prepared to invest in meeting
market demand for quality services. The most realistic
solution requires understanding the details of each of the
commonly used arithmetic methods through an education
programme. It also requires moving away from the use of
manual spreadsheet solutions toward an appropriate
Hedge fund performance investor servicing platform.
In the European market, the mainstream global players are
fees and the Channel investing heavily in this area. They have recognised that the
Islands 'retailisation' of the hedge fund industry will lead to an
industrialisation of administration, including the
challenges associated with performance fees.
The market in the islands has been slow to address these
PAUL BRATCH, DIRECTOR, MORSE, JERSEY challenges to date, leading to a situation difficult to rectify
in today's resource challenged climate. Although there is
evidence of firms trying to move forward, it has been with
In the Channel Islands, the administration of hedge fund insufficient vigour.
performance fees is being poorly managed. Many firms are It is quite clear that failure to make the necessary
using high risk manual solutions, such as Excel investment is not sustainable, as business will ultimately go
spreadsheets, to tackle a complex problem. The good news elsewhere in search of quality solutions. However, those
is that appropriate models are now readily available for who do make the investment will reap the tangible benefits.
those prepared to invest in meeting market demand for
quality services.
PEOPLE MOVES
PEOPLE MOVES
of fixed income for Europe last year. October. “In winning Johann Strobl, we London - Northern Trust has hired
Bear does not break down its have gained a manager whose experience Allan Watson, head of Derivatives
revenues by region but said about and professional profile match RZB and Operations EMEA, from Bank of
20% of second quarter revenues came our managing board optimally,” says America where he was manager in
from outside the US, up from 14% the RZB chief executive Walter the exotic
previous year. The US investment Rothensteiner of his new fellow board rates middle
bank has offices in Tokyo, Hong member. office. At
Kong, Beijing, Shanghai and Northern
Singapore. Boston - Eagle Investment Systems - owned Trust,
by Bank of New York Mellon - has Watson is
Boston - DTCC executive managing appointed Robert Leaper and Robert Erman responsible
director for business management, to its senior management team, to for managing
strategy and marketing, Michael further extend the teams that
Bodson, has joined the Omgeo’s board global business, administer
of managers, replacing Jill Considine. Eagle says. Leaper, ALLAN WATSON OTC and
Considine, former chairman and CEO senior vice exchange
of DTCC and board member, has president of traded derivatives (ETD), and
retired from her DTCC and Omgeo global sales, will provide collateral management
positions but continues to serve as a be responsible for services, for investment manager and
senior advisor to the DTCC board of extending the pension fund clients who outsource
directors. Omgeo's 12 member board reach of Eagle's these activities to Northern Trust.
of managers is responsible for business globally He is based in London and reports to
governance and industry oversight of ROBERT LEAPER around its Stephen Andress, global head of
the organisation and for representing investment Derivatives Operations.
the interests of accounting, data management and
all Omgeo's performance measurement products. As Moscow - Lehman Brothers has made
clients. Bodson senior vice president of professional two senior appointments in Russia,
joined DTCC in services for Eagle, Erman is charged as the bank looks to roll out full
early 2007. with expanding Eagle's professional investment banking services and hire
Reporting services business. “We are very pleased 60 staff by the end of 2007. Lehman
directly to to be able to expand the breadth of our has recruited Stan Raskin, previously
Donald Donahue, senior management team with director of investment banking at
DTCC chairman individuals who have extensive Troika Dialog, as director, and Irina
and CEO, he is experience in our market,” says John Volkova, previously a vice president at
primarily Lehner, president of Eagle, a unit of Merrill Lynch in Russia, as chief
MICHAEL BODSON
responsible for BNY Mellon Asset Servicing. “Both have administrative officer. Raskin and
all product very strong entrepreneurial, consulting, Volkova are the first senior
management, strategic planning, and global investment industry appointments by Nicholas Jordan,
relationship management and backgrounds, which will help to further who joined Lehman in April as vice
marketing. This includes oversight of propel Eagle's continued success.” chairman and head of the
DTCC's core clearance and investment banking business for
settlement businesses for equities and London - BNP Paribas Securities Services Russia. Raskin, who worked for
fixed income, its custody and asset has hired Barbara Crane to its Global Lehman in New York from 2000 to
servicing businesses, and the Corporate Trust business, reporting to 2002 advising IT companies, will
processing support provided to the Alex Pashley, senior sales manager. assist Jordan in developing
mutual fund and insurance sectors, as Crane spent six years at HSBC, most investment banking services. Jordan
well as DTCC's role in automating recently in the role of client relationship is understood to have been coaxed
the post-trade processing of OTC manager for corporate, asset manager from Deutsche Bank by an annual
derivatives. and hedge fund clients. At BNP Paribas, package worth more than
Crane will be responsible for Corporate USD7 million. Lehman, which had
Vienna - Johann Strobl is to join the and Issuers Sales, working within the been serving its Russian clients from
managing board of Raiffeisen London investment bank community, London since leaving Moscow after
Zentralbank Österreich (RZB) in a focusing primarily on the Western and the 1998 financial crisis, moved
newly created role as executive risk Southern European, Asia and into new offices near the British
management officer, effective 1 Australasia sectors. Embassy in July.
MANDATES
BNY Mellon Asset Servicing has been appointed by Banca Popolare di Milano (BPM) to provide custody services to the Italian
cooperative bank. BNY Mellon was also given a mandate by Dublin-based EBS Building Society to provide custody
services for its global portfolio, valued at USD4.2 billion.
Earlier in August, BNY Mellon was named custodian bank by exchange traded funds (ETFs) provider Spa ETF for full
European custody and administration services. Spa ETF Europe is due to launch a service this autumn to allow global
private and institutional investors access to ETFs based on MarketGrader indices. BNY Mellon will provide full sub-
advisory services, including global custody, trustee, fund accounting and fund administration.
RBC Dexia Investor Services has been selected by Titan Funds to provide custody, fund valuation and investor recordkeeping
for the company's new proprietary mutual fund family, launched on 13 July and to be sold across Canada exclusively
through Partners in Planning Financial Services. RBC Dexia has also been appointed by: Universite du Quebec’s CAD2.3
billion pension fund, to provide custody and securities lending services; First State Investments to provide global custody,
fund administration and shareholder services (transfer agency) for the First State European Diversified Infrastructure
Fund FCP-SIF; and Treasury Group Limited to provide global custody, fund administration and shareholder services for
its TG Treasury Asia Fund, domiciled in Dublin.
Barclays Bank UK Retirement Fund (BBUKRF) has been appointed by Russell Investments to design and manage a GBP2
billion portfolio of third party high alpha global equity managers. BBUKRF will build a tailored multi-manager portfolio.
As well as selecting managers, Russell will be responsible for ongoing additional portfolio implementation matters such as
cash equitisation, foreign exchange execution and transition management.
JPMorgan has secured contracts with three new custody clients, representing a combined USD680 million in assets.
JPMorgan said the firm's Commercial Bank helped win the deals, which resulted from a new campaign to expand
relationships with mid-sized companies, which have up to USD1 billion in assets.
State Street Corporation has been appointed by the National Pension Service (NPS), South Korea's social security system, to
provide global custody, securities lending and related services. In March, State Street announced that it was appointed by
Bank of China to jointly service the foreign currency insurance funds of China Life Insurance Company Limited, the
largest life insurance company and one of the largest institutional investors in mainland China.
JPMorgan Worldwide Securities Services has been named custodian for the ICI Specialty Chemicals Pension Fund. JPMorgan
already provides custody services for the ICI Pension Fund, which provides pensions for ICI employees who work for a
different part of the company. In addition to custody, JPMorgan will also provide investment accounting services to the
ICI Specialty Chemicals Pension Fund, which has GBP400 million of assets.
STATISTICS
Securities lending
and borrowing NUMBER
statistics show
increased activity and
CRUNCHING
a significant rise
in volumes,
ISJ analyses data from
Data Explorers
Peter Thiel
President
Clarium Capital
Christoph Gort
Deputy Head of
Hedge Fund Investments
City of Zürich Pension Fund
Leading the way for the world’s most
Alexander Ineichen
Senior Investment Officer, sophisticated investors!
Alternative Investment Solutions
UBS Global Asset Management Hedge Funds World Zürich is designed as an investor-driven platform examining
the emerging trends, opportunities and challenges of hedge fund investing.
Christian Raubach
A S S E T M A N A G E M E N T LT D
Managing Partner GUERNSEY
Peter Hegglin
Investment Consultant
Mercer
Name:............................................................................................................................................................................................................................................
Company: ......................................................................................................................................................................................................................................
Address: ........................................................................................................................................................................................................................................
www.terrapinn.com/2007/zurich
ISJ24 pp100-112 ML 7/9/07 4:27 pm Page 100
– Presents –
16 - 17 OCTOBER 2007
THE BURLINGTON HOTEL • DUBLIN, IRELAND
14th Annual
Beneficial Owners’ Securities
Lending & Repo Summit
FEBRUARY 3-6, 2008 • FOUR SEASONS AVIARA • NORTH SAN DIEGO, CA
Asset Servicing
GOAL is the widely-acknowledged industry leader in providing creative products,
T: +44 (0) 844 499 6388 services and solutions to automate and optimise the global reclamation of withhold-
C: David Monks, Saghar Bigwood ing tax and class action compensation. Our research has shown that in excess of
or Stephen Everard US$6 billion of withholding tax remains unclaimed each year by the rightful owners
A: 10, Earl Street and beneficiaries and the amounts for class actions is even larger.
London, EC2A 2AL. To establish your potential ability to reclaim over-withheld taxes and/or class action
E: dmonks@goalgroup.com or compensation GOAL provides a free proof of concept analysis. We simply require details
sbigwood@goalgroup.com or sev- of the income entitlement(s) and/or trade details together with the type and domicile of
erard@goalgroup.com or the underlying beneficiaries. We do not need the name(s) of the beneficiaries.
info@goalgroup.com Our Products include GTRS, Class Actions, GQI, e-Reclaim, GOAL TaxBack, DMS
and Bespoke Software Development.
Consultants
C: Professor Michael Mainelli, Z/Yen helps organisations make better choices. Our name combines Zen and Yen -
Executive Chairman “a philosophical desire to succeed” - in a ratio, recognising that all decisions are
E: michael_mainelli@zyen.com trade-offs. Z/Yen’s mission is to be the foremost risk/reward management firm.
C: (Disaster Recovery and Project In the financial markets Z/Yen conducts numerous research projects on a variety of
Management): Keith Ford, wholesale and retail issues, as well as providing technical strategy, support and
Senior Consultant prediction systems. Z/Yen’s renowned annual studies include:
E: keith_ford@zyen.com i. Global cost per trade benchmarks on equities, money markets and foreign
T: +44 207-562-9562 exchange;
F: +44 207-628-6786 ii. Operational performance of broker ratings;
W: www.zyen.com iii. Operational performance of client (buy-side) ratings.
International: Olivier Storme CACEIS is an Investor Services company with six offices across Europe. Owned in
equal parts by Crédit Agricole and Natixis, CACEIS provides Custody, Fund
T: +352 4767 2847 Administration and Corporate Trust services to demanding Corporate and
E: olivier.storme@caceis.com Institutional clients. We have considerable expertise in Cross-Border Fund
Distribution Support as well as Alternative Investment and Private Equity servic-
ing.
France: Patrick Lemuet Our staff have the language skills and industry knowledge to develop business
T: +33 (0)1 57 78 03 34 relationships into strong partnerships and our powerful IT systems are constantly
E: patrick.lemuet@caceis.com updated to ensure high levels of process automation.
CACEIS is responsible for over EUR1.75 trillion held under custody, and over
W: www.caceis.com EUR850 billion under administration.
DBS offers a full range of custodial services including securities safekeeping, settlement
www.dbs.com of trades, corporate actions and market information updates. These services are
+65 6878-1830 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
With over 20 years of experience in the custody business, DBS' strengths lie in its ability
DBS Bank Ltd, to provide quality services, in depth knowledge and expertise of the Asian markets, as
Global Transaction Services, well as customized business solutions to support clients’ businesses. Its clientele
Securities Services, comprises the global custodians, international central securities depositories, broker-
6 Shenton Way, #36-02, dealers, financial institutions, insurance companies, investment managers, private banks
DBS Building Tower 1 and corporate.
068809 Singapore
INVESTOR SERVICES JOURNAL 101
ISJ24 pp100-112 ML 7/9/07 4:28 pm Page 102
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
Nordea is the leading financial services group in the Nordic and Baltic Sea region
and operates through three business areas: Nordic Banking, Banking & Capital
Market Products and Savings & Life Products.
Nordea is the leading custody services provider in the region. Nordea provides high T: +47 2248 6238
quality, tailor-made custody services for local and foreign investors dealing with Contact: Anne-Lise Kristiansen
Nordic, Baltic or global securities. Head of Sub-custody and
- The leading financial services group in the Nordic and Baltis Sea region Clearing
- A world-leading Internet banking and e-commerce operation E: anne-lise.kristiansen@nordea.com
- The largest customer base of any financial services group in the region
- A leading asset manager in the Nordic financial market
- The most comprehensive distribution network in the region
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
well established after more than a century of providing services in this field. T: Europe: (34) 91 2893932 / 28
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
of them under the SEB name (Sweden, Norway, Finland, Denmark, Luxembourg, T: +46 8 763 5770
Germany, Estonia, Latvia and Lithuania). F: +46 8 763 6930
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
Nordic and Baltic stock exchanges. We continuously develop new products in E: goran.fors@seb.se
connection with clients and partners to ensure we deliver the high-quality W: www.seb.se
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.
Sébastien Danloy Société Générale Securities Services (SGSS) offers institutional investors, asset
Global Head of Sales, managers and financial intermediaries a comprehensive range of financial securities
Investor Services services: custody, clearing & trustee services, fund administration, asset servicing
Société Générale Securities and transfer agency.
Services
T : 33 (0)1 41 42 98 65 SGSS currently ranks 3rd European custodian and 9th worldwide custodian
E : sebastien.danloy@socgen.com (Source: Globalcustody.net) with EUR 2,580* billion in assets under custody and
W : www.sg-securities- valuates 4,354* funds representing assets under administration of EUR 405* bil-
services.com lion. (Figures at end June 2007)
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.
Data Services .
Interactive Data Corporation (NYSE: IDC) is a leading global provider of financial market
Interactive Data (Europe) Ltd data, analytics and related services to financial institutions, active traders and individual
A: European Headquarters investors. The Company's businesses supply time-sensitive pricing, evaluations and
Fitzroy House, 13-17 Epworth reference data for more than 3.5 million securities traded around the world, including
hard-to-value instruments. Many of the world's best-known financial service and software
Street, London EC2A 4DL companies subscribe to the Company's services in support of their trading, analysis,
T: +44 (0)20 7825 7800 portfolio management and valuation activities. Through its businesses, Interactive Data
F: +44 (0)20 7608 3514 Pricing and Reference Data, Interactive Data Real-Time Services, Interactive Data Fixed
E: eu-info@interactivedata.com Income Analytics, and eSignal, the Company has approximately 2,200 employees in
offices located throughout North America, Europe, Asia and Australia. The Company is
W: www.interactivedata.com headquartered in Bedford, Mass.
C: Brendan Beith – European Pearson plc (NYSE: PSO; LSE: PSON), an international media company, whose businesses
Sales Director include the Financial Times Group, Pearson Education, and the Penguin Group, owns
approximately 62 percent of the outstanding common stock of Interactive Data Corporation.
INVESTOR SERVICES JOURNAL 103
ISJ24 pp100-112 ML 7/9/07 4:28 pm Page 104
Fund Administration
Butterfield Fund Services (BFS) provides valuation, accounting, corporate secretarial, Andrew Collins Managing Director
compliance, directorial and shareholder services to hedge funds, fund-of-funds, and T: 441-299-3954
mutual funds. BFS also services international pension & insurance trusts. Clients E: andrewcollins@bntb.bm
such as financial institutions, insurance companies, and institutional investors use Tania Kowalski Marketing
Butterfield Fund Services to set up and launch investment funds. BFS operates in Manager T: 441-278-6300
Bermuda, Bahamas, the Cayman Islands and Guernsey. E: taniakowalski@bntb.bm
Whether a fund is just starting out or is well established, Butterfield Fund Services A: Rosebank Centre 11
can provide complete solutions to help clients better service their investors. With Bermudiana Road, Pembroke,
over $50 billion in assets under administration, many alternative funds have turned Bermuda HM 08 / P.O. Box HM
to Butterfield Fund Services for timely and accurate administration services. 195 Hamilton, Bermuda HM AX
CACEIS is an Investor Services company with six offices across Europe. Owned in International: Olivier Storme
equal parts by Crédit Agricole and Natixis, CACEIS provides Custody, Fund T: +352 4767 2847
Administration and Corporate Trust services to demanding Corporate and E: olivier.storme@caceis.com
Institutional clients. We have considerable expertise in Cross-Border Fund
Distribution Support as well as Alternative Investment and Private Equity servic-
ing. France: Patrick Lemuet
Our staff have the language skills and industry knowledge to develop business T: +33 (0)1 57 78 03 34
relationships into strong partnerships and our powerful IT systems are constantly
updated to ensure high levels of process automation. E: patrick.lemuet@caceis.com
CACEIS is responsible for over EUR1.75 trillion held under custody, and over W: www.caceis.com
EUR850 billion under administration.
www.imfcfundservices.com
Established in 2002, IMFC Fund Services B.V. is a boutique hedge fund
administrator and a trustee with its offices in Amsterdam and Sydney. IMFC t +31.20.644.4558
offers third parties administration and related services to all type of onshore and f +31.20.644.2735
offshore funds combining high quality, independency, technology, timely calcula- Mrs. Consuelo Nardon
tion with flexibility, experience, custom-made solutions and competitive rates. c.nardon@imfc.nl
Rivierstaete Building,
Our services include: fund set-up and corporate services, NAV calculation Amsteldijk 166, 1079 LH
and other accounting services, R&T agent and other investors and compliance Amsterdam, Netherlands
services. For more information visit our website.
PFPC is a premier provider of processing, technology and business solutions to the C: Fred W. Jacobs, III
global investment industry. Our core offering includes accounting, administration, A: PFPC, 301 Bellevue Pkwy
investor services, middle-office services and regulatory administration services. Whether Wilmington, DE 19809 USA
your products are U.S. or non-U.S. domiciled funds, trust vehicles, limited partnerships T: 302-791-2000
or commingled investment products, PFPC’s multi-jurisdictional, multi-fund capability F: 302-791-1570
allows us to process your complex fund structures - from hedge funds, fund of funds E: Information@pfpc.com
and private equity funds to master/feeder and multi-managed funds. C: Fergus McKeon
A: PFPC Riverside Two
PFPC offers personalized alternative investment solutions tailored to your unique Sir John Rogerson’s Quay
needs. With more than 30 years in the fund servicing industry, our seasoned and Dublin 2, Ireland
responsive professionals bring you the know-how, focus and dedication to deliver the T: +353-1-790-3500
services you need, when and where you need them, any way you want them. E: Information@pfpc.com
C: Stuart Mauger
Our clients have access to a broad range of value added services and tailored solu- T: +44 (0) 1481 744479
tions including global custody and fund administration services for funds domiciled F: +44 (0) 1481 744529
in the Caribbean and Channel Islands. E: stuart.mauger@rbc.com
A: PO Box 48 Canada Court
Our services include Trustee, banking and credit facilities, treasury and foreign St Peter Port Guernsey GY1 3BQ
exchange, trade execution, financial accounting, corporate services, derivative sup- C: Deanna Bidwell (Cayman)
port services and online access, leveraging a custody network that covers 80 plus T: +1 345 949 9107
markets worldwide. Our service combines leading edge technology with professional F: +1 345 946 1288
expertise and a truly integrated service delivering creative, customised solutions. E: deanna.bidwell@rbc.com
W: www.rbcprivatebanking.com
Sébastien Danloy Société Générale Securities Services (SGSS) offers institutional investors, asset
Global Head of Sales, managers and financial intermediaries a comprehensive range of financial securities
Investor Services services: custody, clearing & trustee services, fund administration, asset servicing
Société Générale Securities and transfer agency.
Services
T : 33 (0)1 41 42 98 65 SGSS currently ranks 3rd European custodian and 9th worldwide custodian
E : sebastien.danloy@socgen.com (Source: Globalcustody.net) with EUR 2,580* billion in assets under custody and
W : www.sg-securities- valuates 4,354* funds representing assets under administration of EUR 405* bil-
services.com lion. (Figures at end June 2007)
Adrian Maher
E: amaher@swiss-financial.ie Drawing upon an extensive track record of proficiency, dependability and
T: +353 51 351180 responsiveness, Swiss Financial Services acts as administrator as well as registrar
F: +353 51 871595 and transfer agent of funds investing in a broad range of financial instruments.
Swiss Financial Services (Ireland) These include futures, foreign exchange, equities, options, bonds and other funds.
Ltd.
Units 5/6 Tramore Road Business We perform accounting and administration services for diverse fund types domiciled
Park in, but not limited to, the United States, Bahamas, Cayman Islands, B.V.Iand
Waterford Ireland.
Ireland
DPM Mellon provides onshore and offshore alternative asset fund administration,
back and middle office outsourcing, portfolio valuation, daily NAVs, risk
W: www.dpmmellon.com administration and portfolio transparency solutions for fund managers, asset
T: +1 732 667 1155 allocators, institutional investors and proprietary traders.
F: +1 732 662 2650 DPM Mellon’s services are designed to solve complex administrative needs and
C: Skander Aissa improve operational efficiency. From the most basic reports to complex portfolio
E: Aissa.s@dpmmellon.com valuations, risk analysis and daily transparency, DPM has the systems, infrastructure
A: 400 Atrium Drive Somerset and experience to handle your toughest administrative challenges.
New Jersey NJ 08873 USA DPM Mellon has a world-wide staff of approximately 200 employees. DPM Mellon
is headquartered in Somerset, New Jersey with offices in London, the Bahamas, and
the Cayman Islands.
Hedge Fund Services, based in the Cayman Islands, Ireland and Canada holds a
leading position in the area of hedge fund administration, offering a complete range
of services including accounting, NAV computation, share holder services, banking W: www.ubs.com/fundservices
and credit facilities. With the dedication and experience of a professional team of C: Mr Gerhard Fusenig
200 and our state-of-the-art web reporting, accounting and shareholder systems, we T: +41 44 235 4992
are well positioned to provide clients with a first class service. E: gerhard.fusenig@ubs.com
With specialist expertise in both single manager and fund of hedge fund adminis-
tration, we provide facilities for both onshore and offshore funds. A: UBS Global Asset
Capabilities also extend to services for investment funds through our teams in Management, Fund Services,
Luxembourg, Switzerland and the UK. Stauffacherstrasse 41, PO Box,
Cayman Islands: Darren Stainrod, tel. +1-345-914 1076 CH-8098, Zurich, Switzerland
Ireland: Don McClean, tel. +353-1-436 3636
Canada: Pearse Griffith, tel. +1-416-971 4702
DIFC
The DIFC is the world's newest international financial centre. It aims to develop the Dubai International
same stature as New York, London and Hong Kong. It primarily serves the vast Financial Centre
region between Western Europe and East Asia. Level 14, The Gate
P.O. Box 74777, Dubai, UAE
Since it opened in September 2004, the DIFC has attracted high calibre firms from
E: info@difc.ae
around the globe as well as its region. Firms operating in the DIFC are eligible for
benefits such as a zero tax rate on profits, 100 per cent foreign ownership, no T: +971 4 362 2450
restrictions on foreign exchange or repatriation of capital, operational support and M: +971 50 4958902
business continuity facilities. F: +971 4 362 2333
W: www.difc.ae
Prime Brokerage
Europe (London):
Fimat Alternative Investment Solutions group is a global, multi-disciplinary, solution Philippe Teilhard (44) 207 676
providing organisation dedicated to delivering innovative & superior prime brokerage 85 36 - Duncan Crawford (44)
services to the alternative investment industry such as investors and fund managers. 207 676 85 04
Fimat AIS offers these services on all major asset classes and their related listed &
Americas (New York):
OTC derivative products, as well as providing dedicated account management, cross-
Steve Solomon and Marc Cohen
margining tools, hedge fund start-up services, quantitative information for investors
and Capital Introductions. (1) 646 557 9002
Fimat AIS is part of Fimat, which employs over 2,000 people in 29 market places, Asia (Hong Kong):
and is a member of 48 derivatives exchanges, and 20 stock exchanges worldwide. Kirby Daley (852) 2848 3368 -
www.fimat.com Gregoire Dechy (852) 2848
3369
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.
United Kingdom Fundtech also offers payments solutions for continuous linked settlement (CLS), nos-
tro account management and enterprise-wide payments management.
T: +44-207-588-1100
Global PAYplus - The enterprise-wide payments management solution for global
F: +44-207-588-1155
financial institutions.
A: Americas PAYplus RTGS - A fully integrated, multi-currency payment system for banks resid-
30 Montgomery Street Suite 501 ing in countries outside the U.S. that have established Real Time Gross Settlement
Jersey City, NJ 07302 (RTGS) standards.
T: +1-201-946-1100 PAYplus USA - The leading payments solution for financial institutions in the US.
F: +1-201-946-1313
VocaLink
Drake House VocaLink is the transaction specialist. We pioneered electronic payments four
Three Rivers Court decades ago and many of the world’s top banks have been relying on our services
Homestead Road ever since. Our automated payment system processes over 80 million transactions
per day and has the capacity to handle all of Europe's automated payments. Our
Rickmansworth
switching platform powers the world’s busiest ATM network.
Hertfordshire
The VocaLink CSM delivers reach for our clients throughout the SEPA and beyond
WD3 1FX with a range of value-added services that leverage our know-how and technical capa-
bilities.
T: +44(0)870 1650019 VocaLink is the partner of choice in the transactions business. Find out why at
F: info@vocalink.com www.vocalink.com
W: www.vocalink.com
Securities Lending .
Data Explorers Limited, a specialist and independent company, offers impartial
W: www.dataexplorers.com
T: +44 (20) 7392 4000 quantitative measurement of securities lending performance services to the global
F: +44 (20) 7392 4004 securities financing industry. We help our clients monitor and understand the
A: 155 Commercial Street, relative performance of their lending activity and risk, and turn raw lending, borrow-
London E1 6BJ United Kingdom ing and collateral data into useful, actionable information. We also provide proxies
London: Julian Pittam for short selling information.
T: +44 (20) 7392 5018 Working with the industry we ensure information flows are appropriate and peer
E: jp@dataexplorers.com groups relevant. We are not involved in transactions.
Boston: Tim Smith All of our services: Performance Explorer, Transaction Explorer, Risk Explorer,
T: + 1 (617) 973 5099 Index Explorer and Report Explorer are web based and available to clients
E: tim.smith@dataexplorers.com
over the internet.
T: +1 212 901 2224 EquiLend Holdings LLC was formed by a group of leading financial institutions to
C: Michelle Lindenberger develop a global platform for the automation of securities finance transactions.
E: Michelle.lindenberger@equi- The EquiLend platform is designed to increase efficiency by standardizing, cen-
lend.com/info@equilend.com tralizing and automating front and back office processes, while delivering global
access to liquidity, reduced risk and scalability. The EquiLend platform is
A: 17 State Street, 9th Floor
designed to process equity and fixed income securities finance transactions on a
New York NY 10004
global basis.
T: +44 20 7743 9510 Investors include: Barclays Global Investors; Bear, Stearns & Co. Inc.; Credit
A: 54 Lombard Street Suisse; The Goldman Sachs Group, Inc.; J.P. Morgan Chase & Co.; Lehman
London EC3V 9EX Brothers; Merrill Lynch; Morgan Stanley; Northern Trust Corporation; State Street
W: www.equilend.com Corporation; and UBS.
Eurex is the world’s leading futures and options market for euro-denominated deriva-
tive instruments with market participants connected from 700 locations worldwide.
Eurex also offers short term funding products, such as Eurex Repo. Eurex Repo is
W: www.eurexseclend.com among the forerunners in providing integrated trading and clearing for repo transac-
T: +41 58 854 2424 tions. Eurex’s latest innovative marketplace is called Eurex SecLend.
F: +41 58 854 2455 Eurex SecLend. Europe’s leading investment banks participate as borrowers in the
E: info@eurexseclend.com Eurex SecLend marketplace, acting as principal brokers, dealers and intermediaries.
Agent lenders and direct lenders, represented by numerous investment banks, private
Eurex Zurich Ltd., Selnaustrasse banks and the investment managers of insurance companies and pension funds,
30, 8021 Zurich, Switzerland provide substantial availability in global fixed-income and equity names. They all
benefit from Eurex’s leading state-of-the-art trading and processing services. For
Eurex, service and technology innovation is not just a buzzword. New trends are being
transformed into inventions through the adoption of advanced trading practices.
Find out more on www.eurexseclend.com.
Securities Lending .
FINACE® is the only fully integrated solution today which supports the future busi- T: +41 (0)44 218 14 14
ness model within the area of Securities Finance and Collateral Management. The F: +41 (0)44 218 14 18
architecture of FINACE® is based on a stable, leading edge technology platform,
E: info@finace.ch
which was developed with performance and robustness as the focus of design. With
A: COMIT AG, Buckhauserstrasse
flexibility at its core, customer-driven extensions and modifications can be quickly
and easily applied to the standard component set. 11, CH-8048 Zurich, Switzerland
W: www.finacesolution.com
Pirum provides a full suite of automated reconciliation and straight through process-
ing (STP) services supporting Operations within the global securities finance T: +44 20 7220 0961
industry. The company's on-line SBLREX service encompasses daily contract F: +44 20 7220 0977
compare, monthly billing comparison, mark-to-market & exposure processing, C: Rupert Perry
pending trade comparison, income claims processing and custody reconciliation.
E: rupert.perry@pirum.com
Subscribers to Pirum’s services significantly increase their operational efficiency
A: Pirum Systems Limited
and reduce their risk by using Pirum’s solutions, as staff are able to focus on fixing
the exceptions instead of using their time to check and process routine business. 37-39 Lime Street
These automated processes are more scalable and risk controlled too, allowing London, EC3M 7AY
significantly higher volumes to be managed without corresponding increases in W: www.pirum.com
operations headcount.
Santander is the only Spanish financial institution with a team exclusively dedicated
to securities finance & with the purchase of Abbey in 2004 has expanded its
capacity on a Global basis with trading teams in London (UK) & Connecticut (USA). W: www.gruposantander.com
T: (3491) 289 39 42/54
Santander's leading local capabilities in Spain, Portugal, UK, USA & Latin America,
E: securitieslending@
along with its solid balance sheet & combined with the state-of-the-art technology,
provides its clients with the broadest range of solutions in securities lending & gruposantander.com
financing, including availability across all assets classes, as well as access to
uncommon emerging markets.
Technology .
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
accounting platform, to the investment management community throughout Europe, T: +44 (0)20 7631 9240
Middle East and Africa. Advent has an established network of offices across the F: +44 (0)20 7631 9256
region serving a growing client base of asset managers, hedge fund managers, prime E: emea@advent.com
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.
Aquin Components ranks among the leading IT solution providers to the international
asset management and fund industry. Its core competency comprises investment
Annette Lindinger compliance and risk monitoring; trade and order management; data management;
press@aquin.com
customized reporting; custodian reconciliation and management of software
T: +49 69 21 93 66 600
F: +49 69 21 93 66 650 integration projects.
Mainzer Landstr. Aquin’s clients include the best-known asset management companies and custodians
199 60326 in Europe and the USA. They benefit from substantial cost savings derived from
Frankfurt am Main
automation of investment management processes supported by the choice of
Germany
W: www.aquin.com stand-alone products or integrated solutions. The company has its headquarters in
Frankfurt am Main and subsidiaries in Zurich, Paris, Luxembourg, London, Dublin
and New York.
Broadridge Financial Solutions, formerly ADP Brokerage Services Group, with nearly
$2.0 billion in revenues and more than 40 years of experience, is a leading global
Broadridge Financial Solutions provider of technology-based outsourcing solutions to the financial services industry. Our
The ISIS Building integrated systems and services include international securities processing, investor
193 Marsh Wall communication and outsourcing solutions. We offer advanced, integrated systems and
services that are dependable, scalable and cost-efficient. Our systems help reduce the
London E14 9SG UK need for clients to make significant capital investments in operations infrastructure,
T: +44 (0) 20 7551 3000 thereby allowing them to increase their focus on core business activities.
E: info@broadridge.com Proxy Edge – comprehensive solution for institutional global proxy voting management.
W: www.broadridge.com Gloss – leading international STP system which automates the trade processing lifecycle from
trade capture through confirmation, clearing agency reporting and settlement.
Tarot - a UK retail and private client stockbroking, custody and fund management solution.
Securities Data Management – outsourced data services for securities operations.
Burns Statistics provides software and consulting services. We are focusing on ran-
W: www.burns-stat.com dom portfolios, a technique that provides significantly improved performance meas-
T: +44 (0)20 8525 0696 urement. A particularly powerful feature is that the initial holdings of the portfolio
C: Patrick Burns can be used in the performance analysis in order to gain even more precision.
E: patrick@burns-stat.com
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.
DST International is the world’s premier vendor of technology solutions to the global
T: UK +44 (0)20 8390 5000
investment management community with over 700 clients in 55 countries, and
Boston +1 617 482 8800
1500 employees in 19 of the world’s leading financial centres. Our wide range of
Hong Kong +85 225 812 880
asset management solutions meet the needs of fund managers, dealers, settlement
F: +44 (0)20 8390 7000
staff, custodians and record keepers operating as international asset managers; from
E: info@dstintl.com
front office simulation, opinion management and modelling functions, through data
A: DST House, St Mark’s Hill,
management, dealing and settlement to custody and corporate actions. The suite of
Surbiton, Surrey, KT6 4QD
products can be used either as stand-alone applications or brought together in flexi-
W: www.dstinternational.com
ble combinations according to specific needs.
Elemes NM is your partner in global agent bank custodian network management pro-
viding a global view of your relationship network in a powerful and easy to use pack- Fingertip Developments Ltd
age. It includes diary, invoice verification, document management, multi-entity Curtain Court
views, reporting, account information incorporating fee and rate structures, contacts, 7 Curtain Road
notes and supports eFee – electronic fee invoicing technology. London EC2A 3LT
UK
Unrivalled extensibility allows you to develop your own functionality with your in- T: +44 (0)20 7100 9280
house development team. enquiries@fingertip-
developments.com
Flexibility does not stop with the software, our commercial terms offer adaptable
pricing to suit present and future requirements for all sizes of organisation.
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
experience and expertise. Now, for those who want to reduce costs and F: 001-201-291-7808
streamline business processes, Koger offers Fully Integrated Fund C: Mr Ras Sipko
Administrator, a vertically integrated suite serving the back-office E: ras@kogerusa.com
software needs of the fund industry. KOGER USA
Fully Integrated Fund Administrator consists of three core programs: 12 Route 17 North
~ NTAS, the New Transfer-agency System Suite 111
~ E*TAS, Electronic Transfer Agency System Paramus
~ GRID, Global Reach Interface Daemon New Jersey, NJ 07652, USA
Other programs, such as PTAS, KIT, and KORS available separately, complement W: www.kogerusa.com
the core competency of Fully Integrated Fund Administrator.
Building on over twenty years of experience in capital markets and cross-asset soft-
ware solutions, Murex introduces Mx Asset Manager - a unique cross currency, cross
asset fund management solution capable of handling the full range of products, from
plain vanilla to the most complex derivative products.
C: Hélène Desbiez
Coupled with a high degree of flexibility and customization, Mx Asset Manager fea-
Business Development Manager
tures a multifaceted design catering to the needs of both service providers (prime
T: +33 1 44 05 32 00
brokers, administrators, asset servicing providers) and direct clients (portfolio man-
E: helene.desbiez@murex.com
agers for mutual, pension or hedge funds, insurance companies).
W: www.murex.com
With so many new challenges presented to buy-side managers when integrating
increasingly-complex derivatives into their portfolios and funds, Mx Asset Manager
represents a strong and reliable ally for dynamic position keeping and multi-dimen-
sional risk management in a thriving market.
peterevans is a leading provider of front to back office solutions for the financial services
sector. With 23 years experience peterevans takes a sophisticated and dynamic
approach to assist customers in reducing costs and witnessing an increase in margins by
peterevans seamlessly replacing costly and restricting legacy platforms. peterevans works in a col-
New Broad Street House laborative manner and sees clients as partners to help meet all the demands in today’s
35 New Broad Street marketplace. The xanite product suite offers a highly configurable, flexible and fully
London EC2M 1NH integrated, browser based, comprehensive front to back solution that complies with mes-
T: +44 (0) 29 20 402200 sage standardization and settlement harmonization. Deployed as a single application or
E: info@peterevans.com integrated as components into your existing platform. Each of the xanite modules can de
W: www.peterevans.com delivered via an ASP or self-hosted. Covering: wealth management, custody corporate
actions clearing and settlement private client and on-line stock broking Clients contin-
ue to retain all control with their portfolio, fund and relationship managers, brokers,
middle and back office operation – on line anywhere in the world.
Over 100 Capital Markets firms worldwide rely on Singularity to achieve step-change
improvements in efficiency and cost-effectiveness. Across front, middle and back office
T: +44 (0)20 7826 4470 operations, Singularity's clients are improving performance by automating process and
F: +44 (0)20 7826 4480 leveraging their human capital most effectively. Our process automation solutions com-
C: Nick Stevens bine deep knowledge and long-standing capital markets experience with award-winning
E: sales@singularity.co.uk technology. Clients include JPMorgan, Bank of Tokyo Mitsubishi UFJ, Raymond James,
A: Cable House, 4th Floor Prudential, Invesco, BNPParibas, Morgan Stanley, American Express and M&G.
54-62 New Broad Street -By cutting latency in securities processing, our clients are recognising new efficien-
London EC2M 1ST UK cies, reducing costs and increasing throughput
Further Contacts: - By streamlining their customer on-boarding processes, our clients are gaining faster
US T: +1 212 946 2685 access to fees, increasing customer satisfaction & gaining greater cross-sell opportunities.
Singapore T: +65 9616 7732 - By automating their KYC & other compliance processes, our clients & reducing risk.
- By improving collaboration in their client reporting cycle, our clients are providing
more timely and insightful investment performance information.
HINDSIGHT/FORESIGHT
FORESIGHT
Are hedge funds still alternative?
The term hedge fund has somewhat devalued over the recent
years, along with their growing popularity and accessibility to
retail investors. Rather often, an investment pool is registered
somewhere offshore as a hedge fund only because a mutual fund
would not be able to operate there due to investment restric-
tions or lack of liquidity, or the difficulty to assess the asset
price. Unfortunately, during the past few years, investments in
How have investment management strategies evolved over the hedge funds came together with a risk to stumble upon an over-
past five years, with the benefit of hindsight? leveraged buy and hold strategy in structured debt or emerging
We believe that, conceptually, no new investment management markets, which does not deliver any protection in case of a mar-
strategies have appeared on the market over the past years. ket crisis. There are managers and strategies that are still living
However, the industry has developed at a very rapid pace, up to classic hedge fund values – the ability to earn profit under
mainly on the back of increasingly complicated strategies and any conditions; however, the investor needs to be able to differ-
structured products. Only six or seven years ago, a structured entiate between a hedge fund in form and a hedge fund in fact.
product was a simple combination of a bank bond and an option,
easily understandable for any student. But to understand the Over the next few years where will the largest returns come
current offers, you have to consult a specialist with a PhD. from?
In our opinion, the most interesting opportunities arise from
How have the lessons learnt impacted on the development strategies based on fundamental factors in underdeveloped
of new and innovative strategies? financial markets, for example, the Caspian Sea region.
All the abbreviations, such as CDS and CDO, that have appeared
over the recent years have become an important field of hedge What is the biggest risk you face?
fund operations. The biggest risk for the hedge fund industry is a trust crisis,
some indications of which have appeared over the past few
With the benefit of hindsight on market conditions and weeks as a result of the failure of several multi-billion hedge
volatility, what would you do differently? funds. Unfortunately, this summer’s credit crunch has left a
The past years have seen a pronounced decline in volatility, cre- negative influence not only on sub-prime funds. Quantitative
ating a disadvantage for funds whose performance depends on and traditional strategies (long/short, arbitrage) have
asset price fluctuations. Our company Parex Asset Management also shown significant drawdown. This has led to a rather
have no hedge funds under direct management. However, from peculiar situation: over the recent years, hedge fund returns
the experience of our cooperation partners – international fund declined, since they were unable to place the huge incoming cash
managers, we have learnt that many historically tested strate- inflows; however, now their performance is threatened by cash
gies do work under low volatility conditions. outflows to traditional assets.
112 INVESTOR SERVICES JOURNAL
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