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Volume 7 No. 47
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Front
ISJ47Cover Section
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contents Heads Up
May/Jun 2010
ISJ
Volume 7 No. 47
Investor
ISJ
Annual membership
Services GBP 249 - UK, ROW
Journal USD 379 - America
EUR 286 - EMEA
www.ISJ.tv
Editor
Brian Bollen Welcome to a new look ISJ and welcome to new people on our own team as Brian
brian.bollen@ISJ.tv Bollen is appointed Editor of the journal, working with Roy Zimmerhansl our E-in-C, and
Clive Gande chairs our new advisory board. Both need little introduction as readers of the
Advisory Board Chairman
Clive Gande FT will know Brians incisive style, and Clives knowledge of custody issues and people is
clive.gandeISJ.tv familiar to many who came across him at BNY Mellon. ISJ launches its first European
Senior correspondent
Custody Summit in July which is complemented by another inaugration; that of our
Craig McGlashan double-sided - or two-faced? - issue. If you flip this ISJ over you will find our review of key
craig.mcglashan@2i.tv markets in European Custody.
US correspondent Enjoy the writing, John Sandman our US correspondent guides us through corporate
John Sandman actions and SDA, we profile the legendary Mark Mobius and Euroclears John Trundle
John.Sandman@ISJ.tv formerly a central banker looks at how we should regulate from here to regain capital
Special correspondents market confidence.
Cherry Reynard
Anthony Harrington Mark Latham, publisher
Head of sales
Patricia De La Grange
CONTENTS
trish.delagrange@ISJ.tv
Account managers
Cicely Lewis
4 swings and roundabouts New People, New Positions
HSBC SS Joint Heads
cicely.lewis@ISJ.tv The HSBC Six
Eradat Munshi Colle BP2S appointment
eradat.munshi@ISJ.tv Vanderweyen leaves RBC
Wallace Takes Charge
CTO Mustoe Goes Perpetual
Peter Ainsworth
peter.ainsworth@2i.tv Andy Hughes Joins Omgeo
Operations manager
Nicolette Whittaker
nicolette.whittaker@2i.tv
8 news review African Custody
Barclays and Standard Chartered
Editor-in-Chief
Roy Zimmerhansl
roy.zimmerhansl@ISJ.tv 12 US focus Outsourcing by John Sandman
Managing director
Jon Hewson
jon.hewson@2i.tv 14 US focus Technology, Same day affirmation, ISITC Boston
Publisher
Mark Latham
mark.latham@2i.tv
16 US focus Corporate Actions by John Sandman
2i UK One Angel Wharf,
59 Eagle Wharf Road
London, N1 7ER, UK
18 Under the Microscope UCITS VI
T: +44 (0) 20 7183 7470
F: +44 (0) 20 7250 0350 26 The ISJ Profile Mark Mobius Templeton Investments
30 Regulation OTC Derivatives, Market Risk in EU
2i US 410 Park Avenue,
15th Floor, New York, NY 10022
T: +1 212 231 8421
F: +1 212 231 8121
1
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contents Continued
EurOpEaNCustody
European Custody
Landscape
Germany 2
Southern Europe 4 Angelos Gregoriades,
Head of Tax and
Corporate Services of
Central & Eastern Europe 8 KPMG Cyprus
Nordic region 16
Spotlight on:
Cyprus for private equity and
hedge funds 12
Dieter Bernhard, head of
Domestic Custody Services
for Deutsche Bank in
Germany
2
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320
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1-47 main text Final ISJ47.indd 4 04/06/2010 11:41 Caceis
... and climbing.
Custody-Depositary / Trustee
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www.caceis.com
Caceis
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swings and roundabouts New People, New Positions
the Executive Committee. engagement with clients. to work with CEO James
He will join J.P. Morgan As Group Head of Robertson in his role as a
Bank Luxembourg as Corporate Finance, Sean led Senior Managing Director
General Manager in July. the business in delivering of Invesco and as part
In that role he will have record performances. For of the Invesco Perpetual
executive responsibility for the full year 2009, Corporate management team.
the Luxembourg office, will Finance delivered 74% year- Karim Ben Rais joined
serve as a Board member on-year growth, underpinned Euroclear as Managing
of J.P. Morgan Bank by the rollout of new Director and Head of its
Luxembourg, and will lead products and geographic Single
J.P. Morgan s Worldwide expansion. Platform Modules division
Securities Services business Before joining Standard in early May. Prior to joining
in Luxembourg. Chartered Bank, Sean Euroclear, Karim Ben Rais
Wallace was Managing Andy Hughes: From worked internationally as
Director at JP Morgan where Microsoft To Omgeo an independent consultant.
he spent almost 10 years. Omgeo announced the Until the end of 2007, he
At JP Morgan, he was the addition of Andy Hughes was Managing Partner
Head of Capital Markets, to the position of executive of Accenture Insurance
Wallace Takes Charge: Asia Pacific and before director, partners. This Services, where he was
Standard Chartered names that was the Co-Head of strategic hire marks responsible for all technical
Sean Wallace as Group Investment Banking, Asia Omgeo s commitment to and operational services for
Head of Origination and Pacific ex-Japan. Before facilitating end-to-end trade the Accenture unit and more
Client Coverage (OCC) transferring to Asia, Sean processing by partnering than 2,000 staff located in
Standard Chartered, was head of JP Morgan s with leading independent on- and off-shore locations.
incoming 20m a year North American Telecom software vendors (ISVs) and At the start of his career
shirt sponsor of up-for-sale Group. Sean graduated from technology providers around in 1987, Ben Rais joined
Liverpool Football Club, has Harvard College with an A.B. the world. Accenture (previously
appointed Sean Wallace as in History and Economics Hughes joins Omgeo Andersen Consulting)
Group Head of Origination (more usually described from Microsoft Corporation, where he spent more than
and Client Coverage (OCC) as Bachelor of Arts) and where he held a variety of twenty years working on
with immediate effect (April holds an MBA from Harvard positions. Most notably, cost reduction, operational
19 2010). Business School. he was responsible for the performance improvement,
Reporting to Mike Rees, creation and execution of supply chain and IT
CEO of Wholesale Banking, a global partner strategy transformation programmes,
Sean will lead the Bank s across financial services. as well as off-shore
Origination and Client This covered the selection arrangements.
Coverage Group, which and recruitment of ISVs and
shapes the client-centric systems integration partners
strategy of deepening client Mustoe Goes Perpetual to create high margin,
relationships across its key Invesco Perpetual has solution based revenue
markets. He will continue to named Nick Mustoe as streams built on Microsoft s
be based in Singapore. its new Chief Investment core technology platform.
Sean succeeds V Officer (CIO). Nick will take He also worked extensively Koger, Inc. releases latest
Shankar, who has been up his new role on 7 June on developing partner version of NTAS in time for
appointed the Bank s CEO, 2010 and will work closely based solutions focused Fund Forum in Monaco.
Middle East, Africa, the with Invesco Perpetual s on the buy-side of capital Koger, Inc., a provider
Americas and Europe. current CIO Bob Yerbury to markets, especially in the of software and services
Commenting on the ensure a smooth transition areas of order management, for the fund administration
appointment, Mike Rees, of responsibilities. portfolio management and industry, has launched the
CEO of Wholesale Banking, Nick has over 25 years accounting systems, and next version of NTAS, its
Standard Chartered Bank, experience as an investment trade compliance. transfer agency solution.
said: We are pleased to professional starting with Prior to Microsoft, Hughes NTAS 10.1 introduces a
be able to draw from such Phillips and Drew Fund worked at Bloomberg number of enhancements
a strong internal pool of Management as a UK Equity in sales and sales and new features that
talent. Sean has been manager and more recently management, as well as expand the tools available to
instrumental in accelerating as CIO of Pictet Asset Dow Jones Telerate in the administrator making the
the growth of our highly Management, where he was sales and sales support. fund administration process
successful Corporate responsible for the equity He holds an Honours more robust, faster and
Finance business. Sean s investment teams, and Degree in Business Studies more automated.
focus and commitment CIO of Hermes Pensions and a Chartered Institute We are very pleased
to Standard Chartered s Management, where he of Marketing Diploma. with the enhancements and
clients make him an ideal was responsible for all asset Hughes is based in Boston new features in NTAS 10.1.
choice for this key role. His classes including equities, and reports to Tim Keady, Our customisable workflow
international background fixed income, property and managing director, global screens make NTAS even
and industry experience will alternatives. sales and relationship more user-friendly , says
further enhance our strategic Bob Yerbury will continue management at Omgeo. Ras Sipko, COO.
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ISJ 267
8
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ISJ 267x203_28May:BP2S Ad 28/05/2009 11:53 Page 1
securities.bnpparibas.com
BNP Paribas Securities Services is incorporated in France with Limited Liability and authorised by the French Regulators (CECEI and AMF). BNP Paribas Trust Corporation UK
Limited and Investment Fund Services Limited are authorised and regulated by the Financial Services Authority. BNP Paribas Securities Services London Branch is authorised by the
CECEI and supervised by the AMF and subject to limited regulation by the Financial Services Authority. Details on the extent of our regulation by the Financial Services Authority
are available from us on request. BNP Paribas Securities Services is also a member of the London Stock Exchange.
In Conversation With... Giles we have seen in Asia or the Middle East over the past
three to four years.
Elliott, Global Product Head, Securities
Services, Standard Chartered Bank ISJ: Surely Africa is so poor that even a large
business there is small beer by standards elsewhere?
Giles Elliott: In relative terms you are correct, however,
ISJ: How much did the complexity of the environment makes the margin
Standard Chartered pay opportunities attractive. Africa is a significant contributor to
for the business? Standard Chartered s performance with 7% of our revenues
Giles Elliott: I am afraid and 9% of our profits coming from Africa. Africa is a $1.1
this information is billion business for Standard Chartered and growing at a
confidential and has not rate of over 20%. We feel that this is an important client
been disclosed. We felt segment in Africa and therefore key to our growth agenda on
that the business was this continent. Standard Chartered is present in 14 countries
great value to us not in Africa, with over 600 staff and 170 branches. We recently
only in terms of filling opened an office in Angola as we continue to deepen our
an important gap in our Giles Elliott, commitment to growing this business in Africa.
network coverage, but Global Product
ISJ: By how many years does this accelerate SC s
most importantly in terms of Head, Securities
growth plans in Africa?
the staff that we will bring Services, Standard
Giles Elliott: Within the Securities Services business, we had
into Standard Chartered Chartered
looked at different entry options for Africa and recognised
and the depth of client
that the business between players is largely stable. An
base across Africa and
organic entry option would have taken many years to
internationally. We see this
execute growth to a material size and we saw merits in a
business growing strongly and becoming an important growth
faster time to market, especially with the depth of interest
sector across our banking services in Africa.
that we are seeing from investors seeking greater African
ISJ: What is the amount of assets under custody? exposure.
Giles Elliott: The acquisition will include $6.2 billion of client
ISJ: Who initiated the deal? Standard Chartered or
assets across 16 markets. We will look to take on all 66 staff
Barclays?
employed by Barclays.
Giles Elliott: Standard Chartered and Barclays had discussed
ISJ: Is it just custody or are there other services this business in early 2009 and Barclays initiated the sale
involved? process later in the year. We saw this as a perfect fit against
Giles Elliott: It is primarily custody, and includes sub-custody our strategy and business focus, and Barclays is a bank with
to foreign brokers and global custodians, local custody to strong cultural alignment to our own that would make clients
domestic funds and insurance companies and regional and staff transition more easily.
custody to foreign investment funds and other local funds
ISJ: Were there any independent advisers involved?
investing across Africa.
Giles Elliott: None that played a notable role. We have a
ISJ: What on earth is the attraction? strong Group Corporate Development function in-house.
Giles Elliott: There are three core reasons for this acquisition:
ISJ: Are you still on the lookout for further acquisition
i. It fills an important strategic gap for us. The Banks opportunities?
focus is to be the leading banking in Asia, Africa and the Giles Elliott: We are very much open to more acquisitions
Middle East for targeted client segments. This covers if they align strongly with our strategic agenda and priority
investors locally, investors from these regions and investors focus areas. Our strategy is very clear and our core growth
investing into these regions. We are building our business will be organically driven, but we are absolutely focussed on
footprint in the Middle East organically, but had a gap in leveraging opportunities that give us acceleration along the
Africa and this presented a special opportunity to accelerate strategic path that we have set.
our entry with a leading client base;
ISJ: How long will the integration take?
ii. Our focus is to leverage the depth of our banking Giles Elliott: Integration will be finished before the end of the
services in Africa to provide a unique set of investor year, and will involve clients transitioning onto our core IT
solutions. The expansion of our financial markets platforms and staff joining Standard Chartered.
business in Africa in the last 2 years has already seen
ISJ: What areas will need most attention?
growing opportunities and demands from the investor
Giles Elliott: We do not feel that there are any notable
client segment, and coupled with the depth of our cash
areas that need urgent attention. This is a very well run
and FX capabilities we are able to bring to the table a
business, with strong staff and excellent client service
comprehensive set of investor solutions.
disciplines. We will be migrating the clients onto our core
iii. Africa is evolving rapidly and we have seen extensive platforms so clients will see the same benefits from this
investment in markets infrastructure, pension fund and with our Straight 2 Bank web instruction and reporting
reform and growth of the capital market sector. There is capability. Naturally client integration will take a lot of focus
a gradual shift away from the debt markets to equity as a during the year, but we have seen excellent feedback to the
mechanism for financing growth and the stronger capital deal and clients recognise the commitment that Standard
markets infrastructure is driving more confidence in this Chartered has for this business and future benefits that we
area. This has translated into higher growth rates than can bring to the table. ISJ
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Investor Service Journal 27/04/10 14:14 Page 1
2010 Euroclear SA/NV, 1 Boulevard du Roi Albert II, 1210 Brussels, Belgium, RPM Brussels number 0423 747 369
US focus Outsourcing
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FAX_Fullw_ISJ_081309.qxd 8/13/09 3:06 PM Page 1
that have taken it upon themselves to be SWIFT-compliant. and portfolio management. If this is something that can t be
Moving to a common platform and a common standard resolved in-house, outsourcing is something to consider.
reduces our costs as well as theirs.
There are likely some things that should never be out- Practical Advice
sourced by investment managers. Near the top of the list, A practical course of action for investment managers? Pack
said Schena, is trading and compliance. Probably any- your bags and visit your outsourcing service provider early
thing that s client-facing shouldn t be outsourced, said he and often. Make sure you have a monitoring team in place
said. Reydel suggested that a firms core competency and that has the support of management.
anything propriety should not be outsourced, but everything
else was on the table. I think trading could be outsourced, John Sandman, ISJs US Correspondent, has covered operations,
but it depends on the strategy of the firm. he said. My compliance and technology in the securities and banking
experience is that we ve found friction between trading desk industries in New York for 15 years.
SDA:
Suddenly It Doesnt Seem
So Far Away by John Sandman
Although the tagline for the Same Day Affirmation panel building blocks that needed to be in place before moving to
at the International Securities Association for Institutional a shortened settlement cycle.
Trade Communication (ISITC) forum in Boston last March The catalyst this time around, Cutrone stated, was the
went from the World Wrestling Federation to a wistful credit crisis of 2008 and the need to find ways to mitigate
Lennon and McCartney tune, the underlying issue remained: risk. We know that there s going to be a new regulatory
can Same Day Affirmation improve trade settlement in the landscape, he said. We want to re-introduce the concept
securities industry and at what cost? What s the downside of that you need to look not only at the front office, but the
maintaining the status quo as opposed to a proactive attempt middle and back office also. In the opinion of many,
at risk reduction? And is same day matchingo r a variant of shortening the affirmation period will make that happen.
itt he answer? Cutrone said SDA rates in the US have already gone to
One of the primary Same Day affirmation involves around 36% from 21% five years ago, but added, SDA will
not happen without a mandate. You shouldn t be focusing
reasons for fails is verifying the details of a trade
between a broker dealer and the on same day but mandatory matching to settle. If you go
securities lending institutional side of the market to a match-to-settle environment, do you have to have
on the day the trade took place, regulations in place to affirm matching? Having 11% of your
shorts ensuring that both sides agree trades unaffirmed in a match-to-settle environment is too
on what is being traded before settlement. About 11% of burdensome.
all the trades that settle are not affirmed prior to settlement
date, said Hal McIntyre, managing partner of the Summit Dirty Data?
Group, a New York-based consultancy. So we ve got a lot Most industry sources believe the necessary technology
of questions about what that 11% consists of. One of the exists. Ironically, clean, normalised data, a part of almost
primary reasons for fails is securities lending shorts - people any automated solution, was identified by panelists as a
who have a securities lending transaction they cant fulfill. piece that is consistently missing. Jeff Zoeller, VP of T.
That causes fails. Rowe Price expressed his support for SDA along with a
Overall, the goal is less risk and more efficient processing, concern about data quality. You have to make sure your
said McIntyre. But is same day affirmation really the data is clean and available early enough in the day. If a
answer to increasing efficiency and removing risk? Should trade is executed today, it gets entered and shows up the
we mandate this process or should a best practice be next morning to provide accurate trade information. Zoeller
established with voluntary compliance? If a new approach also cited the need to support overseas clients in different
surfaces, whether it s mandated or not, should it be provided time zones and that the loan recall process is a major
on a central basis or bilaterally? Should the process happen cause of failure. There are still broker/dealers running
on trade date through same day affirmation, or is it sufficient batch processing until after the close of the cycle, Zoeller
to have it occur prior to settlement? noted. That s going to get in the way of same day matching.
Mandating SDA raises the stakes in terms of the burden on
Lurking In The Background the industry.
Lurking in the background is the abandoned attempt to Russell Stamey, VP of operations and technology at
move to T+1, or next-day settlement. Is the industry ready Northern Trust also had data concerns. One of the big
to revisit a shortened settlement cycle? T+1 has been issues for custodians is that we are very dependent on
discussed on and off ever since the late 1990s when the timely and accurate data, said Stamey. Performance
market last considered it, said Lee Cutrone, New York- reporting, performance monitoring, securities lending,
based manager of industry relations at Omgeo. At that corporate actions, cash managementa ll these functions
point, same day affirmation was identified as one of the are dependent on getting good timely data from investment
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US focus Technology, Same day affirmation
Mandate Needed
McIntyre suggested that, left to its own devices, the industry
probably wouldn t willingly migrate to SDA and that a mandate
of some kind was necessary. Some people look back to
when we went from T+5 to T+3 and the settlement rates did
not improve, said McIntyre. So many say that the people
who were screwing up at T+5 just continued to screw up
in T+3. If we have an SDA best practice, will those people
change of their own volition?
I just don t think SDA will happen unless there s a
mandate, said Cutrone. Our industry hasn t shown a
willingness to make short term sacrifices for long term
benefits. What theyre really going to respond to the threat of
regulation. That s the only thing that will get it going. Cutrone
Canada is the first national
We have to look market to require same day
at the true cost of affirmation, where its being
phased in. Their fail rates
handling manual have gone from 3 percent to 1
transactions SHUFHQ WVDLG &XW URQ H But I
don t think anyone is arguing that
this is completely attributable to same day affirmation. The
problem with Canada is that there is no penalty behind the
mandate, said Zoeller. You have to make sure there s a
matching requirement. Squeezing the definition of what
constitutes a day will put further pressure on moving off
T+3. If we stay in T+3, do we get any benefit from an earlier
affirmation? Another way of looking at that is if we do same
day affirmation, does it matter if we stick to T+3.
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ISJ47 complete text Jun02.indd 15 03/06/2010 22:59
US focus Corporate Actions
XBRL, Swift and DTCC Take user can, based on the kind of corporate action they have,
omit fields that are irrelevant and use mapping software
Another Run at Automating that can automatically convert XBRL into ISO 20022, he
said. There s also the possibility of creating templates in
Corporate Actions by John Sandman standard Word documents.
ISO 20022 captures the data of a security that will have
Will the joint effort by XBRL US, Swift an impact on distribution of shares, the cash distribution a
shareholder gets or a combination, said Pryde. That s the
and the Depository Trust and information we re trying to collect. Included are stock splits,
Clearing Corp (DTCC) to automate dividends, re-organisations, tender offers, mergers, bank-
ruptciest hings that affect distributions to stockholders or
succeed where previous efforts failed? that affects the value of their holdings.
The industry is, once again, seeking an answer. In the Scrubbing Data
past decade, various attempts have been made to auto- Corporate actions processing in the United States still
mate these back office processes, only to be abandoned involves a routine of scrubbing data at the DTCC, where
when new solutions were not equal to the task. While they securities are held and settled. In describing the data, Max
fell short for a number of reasons, chief among them was Mansur, global market manager, Swift, said Today it s all
the limitations of ISO 15022, the Swift messaging stand- proprietary. You go to a DTCC terminal and transform the
ard which replaced ISO 7775 in 2002. As a source with data into your own format.
knowledge of Swift put it, 15022 was a good start. It began The firms that have the least amount of automation are the
the automation process between the intermediaries, includ- investment managers and are the most used to handling
ing custodians, transfer agents, manually processed data, said Mansur, adding, however,
About 200,000 the fund administrators and their that the investment managers are not the sole laggards and
corporate actions users. But 15022 never went the that the poor consistency and quality of data received from
are announced each whole way."
Now Swift and the DTCC have
their custodians had a significant impact in general and in
the cost of automating corporate actions.
year in the U.S. joined forces with XBRL US to The DTCC would not comment on the extent of proprietary
by publicly traded capture electronically corporate formats now in use. Robert Epstein, vice president of DTCC
companies actions data from the offerors Asset Services said, The DTCC will publish corporate ac-
or issuers at the point the an- tions announcements using the industry standard ISO 20022
nouncement is made in a standardised format. XBRL, or business modeling beginning in April 2011. Epstein added,
the Extensible Business Reporting Language, is a standard At the same time, support we support existing DTCC files
based on the extensible mark-up language (XML), with data until a cut-off date in 2015 or sooner.
elements known as taxonomies that are similar to the data
elements in ISO 20022, which is also XML-compatible. The Unique ID
two will inter-operate to form a corporate actions taxonomy As part of the process, the DTCC is creating a unique ID for
to be used by the DTCC. About 200,000 corporate actions each corporate action announcement that will be understood
are announced each year in the U.S. by publicly traded com- between the parties in the transaction. An issuer, for exam-
panies, involving merger announcements, stock splits, bond ple, will be able to capture electronically data during a re-
redemptions, dividends and other corporate events. organisation using a corresponding ID. The precise number
of corporate actions the DTCC would support was not clear,
Secret Sauce although a DTCC spokesperson said there were nearly one
Whether or not XBRL is the secret sauce that was missing in hundred and that some will be more widely used than others.
the past, the XML tag-based standard has come a long way The corporate action taxonomy does not include the proxy
since being introduced as an accounting standard in 1999 statement, which typically contains a lot of alphanumeric
under the aegis of the American Institute of Certified Public text. We have a separate taxonomy for proxy statements
Accountants. that we ve been working on but it s not included in the corpo-
It has become a reporting tool used by regulators worldwide, rate actions taxonomy, said XBRL s Campbell Pryde. The
with the Securities and Exchange way that has been prepared is based on looking at the proxy
Our role is to Commission mandating that statements and what s typically reported and what s required
extend data, public companies file their 10K by law to report. We have a structure built up for the proxy.
reports in XBRL by 2011.
regardless of the We are currently working
Even if paper is the bane of the back office, Swifts Mansur
stressed that We re not trying to retire all paper-based data.
geographic domicile through the taxonomy which we The stakeholders, which include the transfer agents, the
want to release for public review
or format. in July, said Campbell Pryde,
exchanges such as New York Stock Exchange, the central
securities depositories, the broker dealers and fund manag-
chief standards officer at XBRL US. Well get feedback ers, have told us that they all want the same process, where
from DTCC, Swift and the members of XBRL who will have electronic records will complement paper records. It will be
30 days to review it followed by a 90-day public review. The similar to what happened for financial reporting. Electronic
goal is for the corporate actions taxonomy to be used in any data will have a paper counterpart which acts as a fail-safe
jurisdiction. It s predominantly US-based now but there s no against potential litigation.
reason it couldn t be extended elsewhere. We ve also added The narrative sections of a corporate action are where the
functionality for the tax consequences of corporate actions. bulk of alphanumeric data is located and, in general, is the
Pryde added, We have different entry points where the most resistant to automation. Mansur stated that for 95%
16
ISJ47 complete text Jun02.indd 16 03/06/2010 22:59
US focus Corporate Actions
of the CA messages, narratives aren t needed. The vast determine, for example, what the tax implications of an
majority of those are found in the MT 564 and the 568 mes- event are, said Mansur. There will always be some aspect
sage types. He described the 568s as being able to catch of a corporate action that cannot really be coded and will
the narrative overflow from the 564s. require a manual solution. It s the redundant scrubbing of
data that XBRL can eliminate.
Taxonomy Taxonomy
That doesn t minimise the need for automation,
The corporate actions taxonomy does not necessarily cap-
however. I hope eventually that the processing of corporate
ture all the details and make them completely automatable,
actions will start to resemble clearance and settlement,
said XBRLs Pryde. Text fields that resist automation can be
said Mansur. When you have cleaner, better data, it spells
captured. You re never going to have a taxonomy with a list
more efficiency and reduced cost. Ideally, the costs to
of tags for every single thing possible. Whether corporate
reconcile data and implement risk prevention will be
actions are automated or not, Things slow down when you
correspondingly lower. ISJ
have to stop the process and read the corporate action to
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Under the Microscope UCITS VI
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ISITC
will decrease; a new wave of fund mergers lies ahead; an important consideration.
Master/Feeder structures will be key for new markets/ The study also revealed that 49% of respondents
client segments; Immediate cost savings are expected. plan to restructure their fund ranges, with sub-optimal
Peter De Proft, Director General of the European fund size and high costs to investors being key drivers.
Fund and Asset Management Association (EFAMA), While UCITS IV will facilitate cross border fund mergers
commented at the time, The fund industry is currently the market may also see a large number of new feeder
facing numerous challenges in these turbulent economic funds which, as highlighted in the survey, will be used for
targeted fund distribution and enable managers to enter
new markets and segments. Again Luxembourg (81%) is
Hedge Fund Umbrella Launch the favoured location for consolidating assets in master/
feeder fund structures.
Merchant Capital launched a UCITS III umbrella By far the most important advantage to UCITS
structure earlier this year, designed to provide hedge IV for those asset managers polled is cost savings
fund managers, including small- to mid-sized firms, with a (43%). Easier access to markets (24%) and increased
seamless and cost-effective vehicle for running their own competitiveness (21%) were also highlighted as positive
UCITS III funds. outcomes of the new framework. Only 2% of respondents
Merchant Capital claims this will enable a faster route said that UCITS IV brings no advantages, while 45%
acknowledged the absence of a tax framework as a key
to market for managers. Historically, it has taken between
issue.
three and six months to construct and bring to market a The survey polled 52 asset managers with UCITS funds
UCITS product. Funds using Merchant Capital will take established in their principal location in the European
approximately four to six weeks, while also significantly Union (EU) as well as in the cross-border business
reducing the high fees the process normally incurs and centres of Luxembourg and Ireland. The 52 asset
fulfilling all necessary counterparty requirements. The first managers surveyed manage 54 % of the assets (UCITS
user of the umbrella was unveiled as Tressis SV, Spains and non-UCITS) domiciled in the cross-border centres of
leading independent distributor of investment funds, Luxembourg and Ireland.
structured products, fixed income and other financial
products. Embracing The Opportunity
It is clear that the market is already readying itself
Hedge fund managers using Merchant Capital will not be
to embrace this latest phase of UCITS and has made
required to pay a standard minimum entry fee and will also significant inroads in identifying the broad range of
benefit from significantly reduced legal and administrative opportunities UCITS IV creates, commented Jean-
costs. The UCITS III umbrella structure will also allow Michel Loehr, on publication. As ever, education remains
the manager the freedom to seek competitive swap rates key to ensuring that the market continues to capitalise
in the market place and take advantage of competitively- on regulatory changes. Vincent Heymans, Partner at
priced agreements in place with some of the markets KPMG in Luxembourg, and co-author, added: The
leading providers. current economic environment has presented the fund
Additionally, the company will enable investors and management industry with numerous challenges. It is
managers alike to reduce the counterparty exposure therefore crucial that, now more than ever, fund managers
fully realise the efficiency and consolidation opportunities
inherent in partnering with a single institution; a manager
found within UCITS IV, which allow for cost savings and
using an existing platform offering the full range of services improved efficiency of operations.
under one roof can be subject to significant counterparty But Regulatory Barriers Persist
risk. Merchant Capital will supply hedge fund managers Following a more recent poll, the results of which were
with all the controls and systems required to manage a announced out of Hong Kong in April 19, RBC Dexia
UCITS III fund. As well as risk management and middle Investor Services said that despite the success of UCITS
office support, Merchant Capital also provides company funds in Asia, regulatory barriers continue to make local
management, regulatory infrastructure and compliance market entry difficult for the fund industry. RBC Dexias
oversight. latest industry poll also points to increased dependence
on third-party service providers as a key trend for the Asia
Pacific fund industry in the wake of the global financial
crisis.
times that have Regulatory barriers to specific local market entry are a
impacted assets under management and profitability major concern of the Asian Pacific fund industry, with 85%
across the industry. One of the important strategic steps of respondents indentifying this as a significant challenge.
for players in the UCITS industry is to fully explore how to Local laws and regulations across the region can make
take advantage of UCITS IV. local market entry and cross-border fund distribution
Culling Companies complex and costly.
The results highlight how managers will reduce the The success of UCITS in the region also shows no
number of management companies and will need to sign of slowing. In fact one in three (33%) respondents
consider the location of a centralised management believed the upcoming implementation of UCITS IV would
company carefully, taking into account concerns make UCITS even more attractive. The flexibility, sound
surrounding tax regime (49%), the regulatory framework regulation and strong brand reputation of these products
(44%) and the availability of qualified personnel (33%). has won strong appeal in Asia as three-quarters of the poll
Luxembourg (43%) and Dublin (18%) will be likely winners respondents either already offer UCITS funds (62%) or
but also the location of the group headquarters (23%) is intend to do so in the near future (12%).
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ISITC ISJ June:Layout 1 4/22/10 11:59 AM Page 1
Third-Party Help Needed! future, most probably (12%) within in the next 12 months.
Thiepoll suggests that third-party support is needed for When asked what their priority for improvement
a fund manager to better understand the complexities was across the markets of Asia Pacific, over half of
of local markets and to provide detailed local knowledge the respondents (56%) said fund distribution was their
and expertise to guide them through the sometimes top priority. Fund administration and risk analytics and
murky waters of cross-border or regional distribution, reporting were also important, mentioned by one in four
argues Scott McLaren, Head of Asia Pacific Sales and (24-26%). Less important (15-18%) were custody,
Distribution at RBC Dexia. It will become increasingly outsourcing support and transfer agency.
important for service providers to become catalysts in
market evolution with the introduction of UCITS IV and Managing Expectations
increased technology and automation becoming the Managing the expectations that are mounting about
standard. UCITS is an important consideration for George Cadbury,
The survey indicates the widespread adoption of third- Director, Merchant Capital, whose perspective is tilted
party service (65%) amongst regional asset managers towards hedge funds. One of the asset management
industry s major focal points this year has been the rapid
Its Official! increase in hedge fund managers implementing the
UCITS is an important piece of legislation that is essential UCITS III fund structure for their own offshore investment
to the integration of the financial markets in Europe and vehicles, he observed in a recent essay on the subject
to the benefits of its citizens. European investors need to published in Investment Week. The adoption of UCITS
have access to efficient and reliable savings products, all by absolute return managers has coincided with a period
the more so with our ageing population. The UCITS label when confidence in what are regarded by some as opaque
has become a great European success story, renowned for investment funds has never been lower.
its transparency towards the investor, its reliability and He pointed to a recent survey carried out by Kepler
performance Partners, an independent fund marketing and research
even beyond Europe. adviser, which estimates that approximately $30 billion is
The objective of the fourth version of UCITS is to provide invested in hedge fund strategies that sit within a UCITS
a tool box to ensure the competitiveness of the European III structure. Official figures from the European Fund and
asset management industry and to benefit European Asset Management Association show that the total global
investors. It promises more choice, greater efficiencies and UCITS market stands at about $7 trillion. If we compare
greater protection at less cost. It will also reinforce the these overall market figures to the offshore market,
competitiveness of the UCITS label around the world. where there are over 10,000 hedge funds competing for
The general principles of the legislation (Level 1 measures) a capital pool estimated to be a little above $1 trillion, it
have already been defined and approved by the European is clear why hedge funds managers are starting to take
Parliament and the Council of Ministers. The outstanding UCITS seriously, he observes. These figures, twinned
details of the implementing measures (Level 2) will now be with the fact that investing institutions and retail investors
discussed, with an objective to finalise the text by July 2010. are increasingly turning to UCITS as they seek the lower
The directive will come into force in July 2011 after national volatility and higher return characteristics of hedge funds,
transposition. show there is great growth potential at this nexus point
To make the most of the UCITS IV Directive, the between alternative and traditional investment.
industry will need to continue to work on a number of
important issues, in particular to make fund processing Post-Madoff/Nadel Clampdown
simpler and more automated. More generally, both politics The Madoff and Nadel sagas prompted governments
and industry have to address pension issues and the future to explore new ways of clamping down on hedge fund
role that UCITS investment funds could play to meet the activities; with UCITS there is a structure already in place
challenges ahead. These challenges include: how to limit which addresses many governmental concerns. Although
the risk of UCITS investments, how to ensure inflation- to some extent the hedge fund industry has been used as
neutral returns and how to adapt the UCITS tax treatment a political scapegoat and the survival bias is an argument
for old-age pension provisions, in order to foster a savings that funds which came through the recent turmoil are
culture. Industry and politicians will have to deal with these carrying the crosses for those that did not, there is still a
challenges collectively. need for the alternative investment industry to mature as it
The path to the single European market may be long and moves into the mainstream.
complex but it is well under way and UCITS IV is a great With this trend in mind, it is unsurprising that swathes
milestone in its advance. of managers are exploring the possibilities of launching
Dr. Wolf Klinz, Member of the European Parliament, one of their products within a UCITS structure. However,
Chairman of the Special Committee on the Financial, dangers lurk for managers and investors alike when it is
Economic and Social Crisis, writing in UCITS IV, The their intention to simply replicate a strategy that may have
Transforming Event for European Asset Managers and served them well as an offshore structure.
Distributors, a research publication from BNP Paribas If a manager decides not to launch a cell (a version
Securities Services. of an offshore strategy in an onshore framework within
a UCITS platform) and instead do it themselves, this
can be an expensive proposal. A UCITS III fund offering
with only a small percentage (20%) which did not see the weekly liquidity with indicative daily pricing, compared with
idea of outsourcing non-core functions as an option. The monthly pricing and quarterly liquidity for a typical offshore
balance of 15% responded that they would be looking to fund, will incur higher administration costs alone, placing
use third-party providers for non-core functions in the near upward pressure on the Total Expense Ratio.
22
ISJ47 complete text Jun02.indd 22 03/06/2010 22:59
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Mark Mobius on
CYCLING The Secrets of
Investment Success,
SUCCESS Cycling In Chile and
Bikini-Clad Beauties
In emerging markets investment, it is necessary to commonsense: implies the clarity and simplification required
be optimistic since the world belongs to optimists; the to integrate successfully all the complex information with
pessimists are only spectators. which investors are faced.
Commonsense
I think to think that commonsense is most important
when making investment decisions, since the word
26
ISJ47 complete text Jun02.indd 26 03/06/2010 23:00
A number of successful investors have commented on the at the long-term growth and prospects of companies and
importance of independence and individual decision-making. countries, particularly those stocks, which are out of, favor
If one buys the same securities as other people, one ends up or unpopular, the chances of obtaining a superior return are
with the same results as others. It is impossible to produce much greater. To minimize discomfort or disappointment,
a superior performance unless one does something different investment averaging should be undertaken.
from the majority.
Investment averaging
Risk-taking Another point that should be remembered by investors
Investment decisions always require decisions based on is the importance of investment averaging by purchasing
insufficient information. There is never enough time to learn consistently in a measured and periodic pattern. Investors
all there is to know about an investment and even if there who establish a program from the very beginning to
were, equity investments are undergoing continuous change purchases shares over a set period of time have the
making it impossible to obtain the most updated information. opportunity to purchase at not only high prices, but also low
There always comes a time when a decision must be taken prices, bringing their average cost down.
and a risk acquired. The ability to take that risk based on the
best diligently gathered available information is the mark of a Accepting market cycles
good investor. Any study of stock markets around the world will show
that bear or bull markets have always been temporary. It is
Flexibility clear that markets do have cyclical behavior wit pessimistic,
It is important for investors to be flexible and not permanently
adopt a particular type of asset. The best approach is Mobius Rules: The Bust Box
to mitigate from the popular to the unpopular securities
or sectors. It s also an attribute, which keeps one from When you tap into an attitude in any country that
holding on to a stock out of loyalty flexibility allows one to says were number one, were the best, no-one can
change as times change and new circumstances present beat usthats the right time and the right country
themselves. to SELL.
When everyone else is dying to get in, get out.
Well these are the key personal qualities that affect
investment-making decisions, the following are important When everyone else is screaming to get out, get in.
investment attributes that will benefit your investments. If a broker starts giving you the hard sell, never buy.
Diversification The best time to buy is when everyone else is
It is actually possible to have all your eggs in the wrong screaming that theres blood on the streets.
basket at the wrong time, especially in emerging market In times of crisis, people on the ground start coming
investment. To reduce one s vulnerability to this eventuality, to their senses.
every investor should diversify. This is particularly important
in emerging markets where individual country or company Easy times make people go soft. Hard times get
risks can be extreme. Even given the risks, however, global people going.
investing is always superior to investing in only your home What goes down usually goes back up, if youre
market or in one market. If you search worldwide, you will willing to be patient, and dont hit the panic button.
find more bargains and better bargains than by studying one
nation. The problem with recoveries is that they dont make
good copy.
Timing and staying invested Market meltdowns make headlines. Market
I love to reply to those who ask when they should invest in recoveries make money.
equities by using the provocative answer provided by Sir
John Templeton: The best time to invest is when you have A liquid stock market is one thats easy to get out of,
money. The reality is that market timing is impossible, and not just easy to get in.
since equity investing is the best way to preserve value, Source: Passport To Profits.
rather than leaving money in a bank account, it is best to just
get going, rather than wait for the fabled perfect moment. A skeptical, optimistic, euphoric, panic and depressive phases.
corollary to the question of when to buy is, of course, when Investors should thus expect such variations and plan
to sell. My feeling on that issue is that investments should accordingly. We have all adopted the belief that the time of
not be sold unless a much better investment has been found maximum pessimism is the best time to buy and conversely
to replace it. the best time to sell is the moment of maximum optimism. As
often noted, if it s possible to see the light at the end of the
Long-term view tunnel, then it is probably already too late to buy.
I know how unsatisfying it is for investors who invested in a
fund or a stock only to see the net asset value or price do And Is There Still Time For Play?
down, or not make the fast gains they were expecting, to All work and no play would make Mark a dull boy, though,
hear that they should be in it for the long-term. But it s the and he is certainly not dull. A keen cyclist, he takes
truth. As investment managers, we have a policy of looking advantage of every chance to climb into the saddle and see
to the long-term because experience has shown us that if more of the world than just airports, factories and balance
we try to make short-term gains the result will work against sheets. He has many a tale to tell that might make lesser
outstanding performance. Since most investors look at the mortals go green with envy.
short term, then we certainly should not do that. By looking Every time we come to Vina del Mar, a two-hour drive from
27
ISJ47 complete text Jun02.indd 27 03/06/2010 23:00
The ISJ Profile Mark Mobius Templeton Investments
Santiago airport in Chile, and one of my favourite places in Chile s leading export became, and still is, copper.
the world, we take our folding bicycles for a short cycle to the
art deco casino and the town where there is good shopping Bikini-clad Beauties
and restaurants. This time we There were all kinds of events on this particular visit, he
Peruvians and extended our cycling for two relates, including a local pisco promotion featuring bikini-
Chileans each claim hours past the Army Academy clad beauties cavorting on a temporary stage. Pisco is the
to have the best with its collection of antique local clear brandy, he explains. It s great when made into
cannons and then further on a picso sour, a delicious mixture of lemon juice, egg white
pisco but after one to the delightful beaches with (creating the tempting white foam at the top of the glass),
pisco sour, who stylish beachfront cafes. sugar and, of course, the powerful pisco. Peruvians and
Chileans each claim to have the best pisco but after one
cares! In and around Vina del Mar, pisco sour, who cares! Oddly enough, some might feel
there are many houses and even a seaside castle built unfortunately, there s no further elaboration on the subject of
by entrepreneurs who got rich from exploiting saltpeter bikini-clad beauties
resources in northern Chile, an observation he makes that
underlines how embedded is business in his DNA. He In the evening we took the new Metro fast train to the heart
recalls that the boom began when in 1840, a French scientist of old Valpariso and found a quaint restaurant, Porto Viejo
discovered that sodium nitrate for use as fertilizers and which served delicious fish. Since the restaurant is mainly for
explosives could be derived from both guano and caliche locals, the waiter didn t speak English but we were rescued
Desert bordering Chile, Bolivia and Peru. Chile fought and by the owner s American educated cool gangly young son
won the 1879 to 1883 War of the Pacific over those mineral with a cute girlfriend. The food was great but so were the
deposits against Bolivia and Peru and acquired control of quantities and we staggered out. After dinner we decided
those countries border provinces. One result which still to take a little walk to the funicular railway going to the top
rankles the Bolivians was that Bolivia lost its Pacific port of the mountain overlooking the city very much like Hong
province and thus became landlocked with no access to Kong s Peak Tram. Walking up the cobblestone streets
the sea. For a long time those nitrates were Chile s largest and alleyways we encountered architectural and cultural
export and attracted Europeans and others eager to get rich sites at almost every corner. No wonder the city has been
on the valuable mineral. However when synthetic nitrates named a UNESO World Heritage Site. Climbing up a high
were developed in the beginning of the twentieth century stairway leading to the funicular rail station we found that it
The following is an edited against regulation are very strong in Washington. Theres
$600 trillion of derivatives outstanding; lots of money is
reproduction of an interview on 25 being made with derivatives. Its not going to go away; I
April 2010 with CNBC Asia dont think that regulators will kill that golden goose.
CNBC ASIA: The shadow on Wall Street, of course, is this CNBC ASIA: Ive heard that if you take a very extremist
finance-related bill. The senate will vote on whether or not view of things, or maybe even not that extremist a view,
to subject the biggest financials to more scrutiny and give that the cowboy days the wild wild west days in the
regulators more powers to seize controls of firms going financial industry are looming, and that they are going to
belly-up or hoping to avoid another global financial crisis. become like utilities water companies, electric companies,
Dr Mark Mobius, executive chairman of Templeton Asset gas companies - is that what could possibly happen in the
Management says that it is about time. financial industry? How would that affect your view, of
whether or not you want to engage in this space?
MOBIUS: The question now is why it wasnt done
previously. If you remember, Mrs. Bourne, who is the MOBIUS: Well, I mean, my feeling is that if stock exchanges,
head of the futures commission warned everyone about savings banks, and those institutions became utilities, Im all
derivatives and wanted to regulate them. But, Greenspan, for it because thats the service that has to happen properly
Rogan, Larry Summers were against it they didnt want and regulated for the market to work. But I dont think
the regulation to take place so it could have happened volatility will go away; I dont think turnover will go away; I
but it didnt. The SEC has lots of powers to regulate but dont think trading will go away. This will continue because
they didnt, so the proof would be in what happens at the everybody realises, including the administration, that this is
regulatory administrative level to implement what is passed essential for the workings of a free economy.
in congress.
But I think generally speaking, what we have to look at CNBC ASIA: Lets bring it back to this neck of the woods,
is the incentives. Where are the incentives? In the case of finally. Could this be the beginning of a break out, for
financial derivatives, I personally think there should be a emerging market financials? Asian banks, for example. I
small tax, a small fee, put on financial derivatives, maybe 10 mean, if Wall Street is going to go through another raising,
basis points, so that youll have exposure if you have a tax, another round of this, what could happen to like the major
then youre going to have exposure. You must have liquidity, Chinese banks could there be heightened interest?
you must have a transparency. We need to put those kinds
of reforms in place. MOBIUS: There already is. I mean a lot of money has been
CNBC ASIA: What is the risk that they are going to over- pouring into emerging market funds, particularly in Asia. Half
regulate? of all money going into emerging market funds is in Asia
so theres heightened interest because if you look at the
MOBIUS: I dont think thats going to happen. The forces credit default swaps, spreads for Greece and Portugal are
28
ISJ47 complete text Jun02.indd 28 03/06/2010 23:00
higher than China, far higher, so people are more confident time, its going to be gradual, a reform of the market, is that
in putting money into these banks. The danger is that the the Chaebols are reforming. Theres a growing realisation
lessons were learning now in the west are not learnt that they cannot continue to have this so-called Korean
in Asia. Hopefully, theyll adopt some of the regulatory discount. Korean companies have generally been cheaper
mechanisms that are now being learnt. than other markets on a price-earnings basis. And the
reason, in my view, for that is the Chaebol obstruction
CNBC ASIA: Despite the fear on the streets of Thailands of the market, and the fact that they dont pay dividends
capital, you still see plenty of value in the country? as well as other parts of the world. Because what theyre
doing, in a Confucian way, is looking at not this generation,
MOBIUS: Thailand has to change; it has to be an but two or three generations down the road. So they are
accommodation between the mass of people in the rural continuing to invest.
areas and people in Bangkok in controlthe elite. That kind Honours, Books and Awards
of change does not come easy. It often means violence, as Dr. Mobius earned bachelors and masters degrees from
weve seen; it takes time, but when it comes and I believe Boston University, and a Ph.D. in economics and political
it will come - youre going to see a much changed and science from the Massachusetts Institute of Technology.
improved Thailand. He is the author of the books Trading with China,
The Investors Guide to Emerging Markets, Mobius on
CNBC ASIA: You are accumulating, right now? Emerging Markets, Passport to Profits, Equities - An
Introduction to the Core Concepts, Mutual Funds - An
MOBIUS: Yes Introduction to the Core Concepts and Mark Mobius -
An Illustrated Biography.
CNBC ASIA: In the midst of all this violence Dr. Mobius has received numerous awards. He was
named by Asiamoney magazine in 2006 as one of Top
MOBIUS: In the midst of the violence, if prices come down 100 Most Powerful and Influential People. Asiamoney
enough. We are frankly surprised that prices have not come said: Boasts one of the highest profiles of any investor
down more. We, of course, would like to see prices correct in the region and is regarded by many in the financial
more substantially. But we would be buyers. industry as one of the most successful emerging markets
investors over the last 20 years. Despite tough times
CNBC ASIA: You buy the market? during the financial crisis that erupted in the late 1990s,
Or you have to be careful, going bottom? he still commands a strong following in the investment
world and is influencing the direction of billions of
MOBIUS: Of course, we think bottom up; we look at investment dollars.
stock picks and of course as you know, our big areas are Other awards include: (1) Emerging Markets Equity
commodities which mean the oil companies, anything Manager of the Year 2001 by International Money
related to consumers whether it be housing or retailing Marketing, (2) Ten Top Money Managers of the 20th
and so forth. Century in a survey by the Carson Group in 1999, (3)
Number One Global Emerging Market Fund in the
1998 Reuters Survey, (4) 1994 First in Business Money
CNBC ASIA: What specifically do you do to leverage the
concept of higher rate of participation in the growth of the Manager of the Year by CNBC, (5) Closed-End Fund
economy? Manager of the Year in 1993 by Morningstar and (6)
Investment Trust Manager of the Year 1992 by Sunday
Telegraph. He was appointed joint chairman of the Global
MOBIUS: Well, the way we leverage is by getting exposure Corporate Governance Forum Investor Responsibility
to consumers, directly or indirectly. For example, its not Taskforce of the World Bank and OECD (Organisation
only that we think that oil prices will continue at a higher for Economic Co-operation and Development).
level, its also because these companies have exposure to
consumers; consumer have to travel, have to move, have
to have more cars and therefore we want to get exposure CNBC ASIA: There is a lot of locked up value.
that way. We want exposure to the banks because they are
becoming more consumer banks. The consumer banking MOBIUS: A lot of locked up value. Vietnam is a
revolution has hit Thailand and that would become more frontier market for us. And the big frontier markets in
and more important. our portfolio, frontier portfolios, are Vietnam, Ukraine,
Kazakhstan and Nigeria. Vietnam is very, very cheap.
CNBC ASIA: You recently spent some time in Korea, However, the way the market is run is a mess, because
and youve elevated your view, your optimism over Korea, what happens is that we as final investors have to inform
especially in the manufacturing space, and youre also very everyone what were going to buy and when were going
bullish on Vietnam as well, in terms of thrift and value. Can to buy it and how much were going to buy in advance.
you address those two markets for me? In addition, we must use only one broker. So you can
understand what happens a tremendous amount of
MOBIUS: In the case of Korea, were seeing another front running takes place. In addition, of course, that
transformation taking place. Besides the fact that the would not be so bad if the liquidity was there, but their
countrys really growing at something like 5%...so youve liquidity is very poor. So we must nibble, we must use
seen a real recovery in the economic development of the tactics to get into the market slowly and gradually, but the
country. But what youre also seeing and its taking a long valuations are definitely there. With Kind Permission
29
ISJ47 complete text Jun02.indd 29 03/06/2010 23:00
Regulation OTC Derivatives, Market Risk in EU
30
ISJ47 complete text Jun02.indd 30 03/06/2010 23:00
ready for your future needs
31
ISJ47 complete text Jun02.indd 31 03/06/2010 23:00
Technology Releases Thomson Reuters Elektron / BNY Melllon Dashboard
Data: The Next Generation financial applications into the Elektron hosting centres
have experienced significant cost reduction and superior
If latency is reduced much further, performance.
well be travelling back in time. Using this open and neutral network, clients, exchanges,
brokers and other liquidity providers will be able to publish
If latency is reduced much further, we ll be travelling back in messages and content directly to their discrete counterparties
time. That is one flippant reaction to the latest news from the and subscribe to service providers analytics, algorithms, risk
frontline of the acceleration and automation of trading, with models, as well as post trade facilities and reference data
the announcement from Thomson Reuters that it is seeking resources.
to transform financial markets with the launch of Elektron, Thomson Reuters says that Elektron builds on this by
which it describes as a unique global fabric delivering being fully compatible with its existing middleware, metadata
supreme performance, unrivalled access and connectivity to and commercial model. Third parties can move all the
power trade automation. applications they have built on Thomson Reuters market data
We ll give Thomson Reuters time and space to elaborate system seamlessly to Elektron.
on their own terms in a moment or two. But it is important to Jon Robson, President, Enterprise, Thomson Reuters
place its ambitions firmly in the context of developments over adds: This is a time of extraordinary innovation for
the past two to three years arising from the implementation Thomson Reuters, our customers and our partners, as
of the EU s MiFID directive, which has spurred the creation together we respond to and shape a rapidly evolving
of alternative trading venues such as Chi-X, Turquoise financial marketplace. Elektron is designed to enable
and BATS Europe, to name but a few. The proliferation of this innovation. It marks a step-change in empowering
these venues, and the increasing use the industry makes of customers, enabling them to innovate and connect to the
dark pools of liquidity, has increased complexity, increased markets and to each other across a neutral, global and
fragmentation of liquidity, raised important questions about content rich infrastructure. We are responding to the needs of
transparency of trading strategies and correctness of pricing, a new era in the financial industry, one which requires that all
and changed the very nature of demand. participants benefit from increased transparency and equal
In that time, electronic trading has stopped being the access to markets. Firms of all sizes will be able to connect
preserve of an elite few with the necessary black boxes. via Elektron, benefiting from greater speed, lower operating
Today it is almost mainstream, within the reach of Everyman. costs and flexibility that will enable the markets to work and
Algorithmic trading is much more widespread today, as evolve freely. ISJ
we have adapted to the demands for automation and high
performance, Mike Powell, Head of Global Enterprise Dash It All: BNYMs New Functionality
Information at Thomson Reuters, told ISJ. More and more
people want to indulge in high-frequency trading, not only BNY Mellon Asset Servicing reports that it has introduced new
in North America and Europe, but elsewhere. Look at the dashboard-style reporting functionality to help asset owners
creation of Chi-X Australia, SBI Japan Next and Chi East, a and asset managers gain greater visibility into their securities
tie up between Chi-X and the Singapore Stock Exchange. lending portfolio. The new reports, it says, provide both detailed
Elektron takes away a lot of the complexity and cost of and executive summary-level information on earnings, loan
connecting to multiple markets. It levels the playing field values, credit quality and other account activity designed to help
and opens it up to more hedge funds and smaller players. A decision-makers evaluate performance and potential exposures
single connection to our cloud gets you access to low latency, across their securities lending positions.
and the full depth of a market, whether locally or regionally. Available to clients through BNY Mellon s Workbench reporting
In its own words, Thomson Reuters reports that platform, the new lending dashboard offers web-based access to
Elektron is a global, ultra-high speed network and hosting comprehensive and customisable data, including:
environment that enables financial firms to access and Month-to-Date Lending Revenue Analysis SURYL GHV P RQ WKO
\
share information faster and more cost effectively. Hedge earnings by security, including average market value available,
funds, asset managers, banks, brokerages, exchanges and market value on loan, utilisation percentage, total and client
other participants will for the first time be able to connect to spreads,and client earnings;
the worlds largest financial community and securely reach Executive Reinvestment Portfolio Summary - details fund
trading partners over the network. characteristics, floating rate index information, credit quality,
Thomson Reuters Elektron enables firms to trade faster, asset class distribution, maturity schedule, top 10 issuers, daily
using the most complete coverage of real time financial rating changes, and exposure by industry;
information available, connect to more markets and interact Executive Lending Summary GHVL J Q HG IRUH[HFXWLYH
freely across a global, resilient and secure cloud. Firms of management and presented in graphical format, shows lending
all sizes will benefit from significantly lower operational costs utilisation by security and top five borrowers by security type.
and drastically reduced time to market, plus the opportunity It also provides daily average returns, volumes and collateral
for the open exchange of data, transactions and new percentages by loan type; earnings by asset class; cash versus
business opportunities. non-cash collateral held by loan type; and top 10 earnings by
The launch of Elektron marks a performance step- security.
change for financial information networks, argues Thomson Asset holders are clearly devoting more attention to risk and
Reuters. Benchmark testing indicates that Elektron delivers demanding greater transparency in their reinvestment accounts,
information up to 20 times faster than traditional aggregated said Kathy Rulong, global head of securities lending for BNY
data networks. The fabric includes strategically located Mellon. Our lending dashboard offers them a wide range of
proximity and co-location hosting centres, initially in New actionable data and key metrics with just a few clicks. The new
York, Chicago, London, Frankfurt, Tokyo and Singapore. reporting format provides clients with at-a-glance insight into their
Later this year additional centres will open in Hong Kong, lending portfolio, supporting the decision-making they do daily to
India and Brazil. Clients that have already moved their manage and maximise their plan s objectives. ISJ
32
ISJ47 complete text Jun02.indd 32 03/06/2010 23:00
Analyse This Automation
AnAlyse
Has Automation Become
Automatic?
The mutual fund industry appears to be embracing
automation. Dan Llewellyn, Director of Market
Innovation at Calastone, reflects on some of the key
THISHow can data management
systems produce the right
translations for the middle
office?
Stuart Plane, Director, Cadis
33
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Fund Focus on Cyprus - sponsored section
KPMG in Cyprus of current tax laws and regulations stemming from Cyprus
accession to the European Union.
Preparation and annual review of tax returns
partner in business In the course of KPMGs tax advisory services, the tax
Cyprus as a financial centre department undertakes the preparation and submission of
Cyprus is an attractive financial centre combining the corporate and personal tax returns, Special Contribution for
advantages of a traditional offshore centre with those of a full the Defence calculations, Capital Gains computations, VAT
member of the European Union. returns, PAYE matters, as well as Immovable Property issues.
Despite the global economic slowdown, by May 2009 more Due Diligence
that 6,000 new companies had been registered. Cyprus has an Through due diligence services, KPMG provides reports
excellent infrastructure allowing clients to add real substance that address the detection and correction of issues that are
to their tax planning in the form of fully-fledged operations in inconsistent with the tax legislation. KPMG provides alternative
the island. solutions to the businesss management and advice on the
With a population of approximately one million, Cyprus is possible tax implications that may arise from each course of
much larger than the other financial centres of Bermuda, the action.
Caribbean, the Channel Islands, the Isle of Man, Malta or Tax and Social Insurance withholding from Salaried Income
Luxembourg and has a large number of talented professionals KPMG provides services to companies and individuals in
available to work in the financial services industry. Yet it is still relation to the tax management of expenses and income,
possible to contact directly the government and legislators the correct withholding and remittance of PAYE and social
in the jurisdiction, without having to deal with the layers of insurance contributions as well as the structuring of the most
bureaucracy that tend to exist in more mature and more tax beneficial retirement plan.
complex financial centres. Tax services to staff seconded to Cyprus
KPMG provides the following services and the relevant support
KPMGs profile to the company as well as to the seconded individuals:
KPMG is a global network of professional firms providing Audit, Support in the settlement of foreign citizens in Cyprus,
Tax and Advisory services. We operate in 144 countries and including issues relating to the Social Insurance Legislation,
have 137,000 people working in member firms around the Support for the settlement of Cypriot citizens in a foreign
world. The independent member firms of the KPMG network country,
are affiliated with KPMG International, a Swiss cooperative. Provision of tax advice at the arrival of employees as well
Each KPMG firm is a legally distinct and separate entity and as at their departure from Cyprus,
describes itself as such. Preparation and submission of tax returns,
KPMG in Cyprus traces its origins back in 1948 and today, Advice on tax planning opportunities and the provision of
it is one of the largest and most reputable audit and advisory written tax opinions, and
firms in the Cyprus market. Provision of tax advisory services regarding income tax
KPMG classifies the services offered into three functions, and capital gains tax issues of private pension tax and life
each of which includes a wide range of specialized services insurances.
aiming at providing our clients with the service that best suits Tax Advisory Services
their individual needs. These three functions are: International corporate taxation
Audit KPMG provides the following tax advisory services:
Tax Thorough examination of the tax consequences in relation
Advisory to inbound and outbound investments,
For each of these core functions, KPMG has specialized Tax planning regarding the implementation of efficient tax
departments with highly skilled professionals, headed by structures through Cyprus,
partners with extensive experience. Tax planning regarding exit strategies and efficient
repatriation of profits,
KPMGs Tax and Corporate Services Analysis of the tax implications analysis resulting
One of KPMGs fastest growing departments is the one focusing from intra-group cross-border capital movement as
on tax, both local and international. The tax department of well as from the cross-border charge and/ or fees
KPMG in Cyprus provides full tax support and compliance collection, tax rights and dividends under the angle
services, as well as tax planning and advisory services to a of bilateral conventions and the European Tax Law.
significant number of local and multinational companies.
KPMGs tax department comprises a team of proficient tax Transfer Pricing
advisors who are highly experienced in the field of local and KPMG, with many years of experience on complex international
international tax as well as accounting issues. and cross border transactions can provide the following
Among the core functions of KPMGs tax advisory department, services:
is the provision of specialized tax opinions in: Planning the implementation of transactions between
Corporate Taxation; related companies,
International Executive Services (I.E.S) and Personal Compliance with Transfer Pricing principles and
Income Tax; preparation of the relevant documentation.
Value Added Tax (VAT); Review of agreements and other relevant documentation
Capital Gains Tax (CGT); for ensuring compliance with Transfer Pricing principles.
Stamp Duty Tax.
Corporate Services
Tax Compliance services In line with KPMGs long-standing market reputation for
Corporate Taxation providing integrated and flexible business methodologies, the
Corporate tax compliance services relate to the interpretation Corporate Advisory Services practice is involved in a broad
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Fund Focus on Cyprus - sponsored section
range of corporate and commercial work for a wide variety into Central/Eastern Europe and Russia was routed through
of clients, both domestic and international. The advice and Cyprus because of the very advantageous tax treaty network.
services we offer in the commercial arena are client-driven and
are often provided in conjunction with other KPMG services. Cyprus also offers excellent infrastructure facilities and
services, such as banking, telecommunications and human
KPMGs Corporate Advisory Services include: capital. Professional services are of a very high standard in
Corporate and Commercial Cyprus, with a considerable English influence. Many Cypriot
Company Secretarial Practice lawyers are members of the United Kingdom Inns of Court
Banking and Financial or graduates of British universities and are well-versed in the
Capital Markets developments of international commercial law.
EU, Competition Law and Regulatory
Private Client services The standards of the accountancy profession are equally high
Intellectual Property since the majority of its members are qualified Chartered or
Real estate Certified Accountants of the UK or Certified Public Accountants
Employment Law of the USA and International Accounting Standards and
International Standards on Auditing are strictly adhered to.
Present tax environment in Cyprus The international attractiveness of the Cyprus tax regime
The excellent present tax environment in Cyprus is best The main features that determine the attractiveness of Cyprus
illustrated by the results of a KPMG survey of European tax for international clients seeking optimization of their tax
jurisdictions. structures are:
Cyprus, Ireland, and Switzerland are the top three countries lowest corporate tax rate in the EU 10%
in a league table of European tax systems, compiled by KPMG no withholding taxes levied on outgoing overseas
International, in which major business organizations across payments
Europe assessed the attractiveness of their domestic tax infinite profit parking and carrying forward of losses
regimes. minimal exemption requirements on dividends received
All three countries were rated highly for their combination of from overseas subsidiaries or permanent establishments
consistency in interpreting tax legislation, stability in resisting no taxation of profits from disposal of securities
frequent changes to tax laws, and comparatively low tax rate. extensive Double Tax Treaty network
These views were compiled from more than 400 interviews OECD white list status
of tax professionals in multinational companies across Europe. access to all EC directives aimed at reduction of intra-EU
Survey participants were asked how attractive they believed taxation
their countrys tax regime was compared with other European an advanced tax ruling system
states.
The survey explored participants attitudes to particular Cyprus attractiveness to institutional and private equity clients
aspects of their home tax regime, including consistency, stability Cyprus is becoming a destination of choice for fund managers
over time, volume of legislation, the tax rate and relations with seeking new locations to conduct their business. Its credibility
tax authorities. as a reliable specialist center for funds is growing steadily.
Taking the percentage of respondents who thought key Characteristically, an important advantage of Cyprus fund
aspects of their domestic systems were attractive and management service is that it is relatively flexible and quick
subtracting those who felt they were unattractive gives a net to set up a fund once you have all the necessary information
attractiveness score for each country. and documentation in place. It is also easy for an existing
Cyprus came out on top, with 90% of the participants giving fund management firm or financial services entity to obtain
positive responses, leaving behind established rival holding authorization to operate in Cyprus on the basis of passporting
jurisdictions, such as Ireland (89%), Switzerland (83%), Malta an existing license from another EU jurisdiction.
(81%), Luxembourg (61%) and the Netherlands (59%). Cyprus funds are regulated by the Central Bank of Cyprus.
The unique advantages of a Cyprus holding company There are several different types of funds that can be registered
Although there is a number of countries that have been in Cyprus, each suited to different needs.
established as reputable Financial centers in the European International Collective Investment Schemes can be set up
Union and are in a position to offer some very attractive tax under a number of legal structures:
advantages, none of these countries has managed to combine A variable capital investment company (SICAV equivalent).
together these benefits to the same extent as Cyprus, which A fixed capital investment company (SICAF equivalent).
in addition to the wide network of double tax treaties and the A unit trust.
full application of the EU directives, firmly put Cyprus in an A limited partnership.
enviable position both in the European Union and world-wide.
Cyprus, a full member of the European Union since 2004, The non-UCITS funds of Cyprus usually take one of three
has the lowest corporate tax rate in all Europe at 10%. This forms:
low corporate rate of tax is possible mainly due to the small Experienced investor fund.
size of Cyprus and consequently the size of the budget of Private scheme with a focus on risk capital investment.
the Republic of Cyprus and the fact that smaller in size EU Retail fund.
members, that cannot compete in heavy industry-technology The can-do culture of the practitioners and the accessibility
can only compete by finding ways to attract foreign investment. to the regulator are further reasons for choosing Cyprus as an
Cyprus has over the last two decades, been used extensively alternative jurisdiction for registering and licensing a fund.
for International Tax planning by multinational companies
from all over the world including the United States, Canada, By Angelos Gregoriades
major European countries like Germany, the UK, Denmark Board Member, Head of Tax and Corporate Services
and Sweden. It is a fact that most of the investment that went of KPMG Cyprus
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The ISJ Profile Gary Probert
From the East End to the (American football), the Celtics (basketball) and the Bruins (ice hockey).
He also ended up at Charles River Rugby Club in Boston, where he
East Side played until the mid 1990s
T
within Citi s Securities and Fund Services. He areas, including Derivatives, Payments, Reconciliation, Settlements, and
focuses primarily on Execution to Custody, Corporate Actions. These Working Groups work closely together to help
an initiative that links Citi s trading execution develop best practices for the industry in an effort to promote efficiency.
capabilities with its custodian network. The most recent evidence of this work is the recently released Market
Gary is an avid fan of West Ham United but Practice Recommendations for Mutual Fund Trailer Fee Payments,
after moving to the States, was faced with a released in early February this year. Mutual fund trailer fees are the fees
new challenge. Many British expatriates fail to paid by mutual fund companies to distributors for marketing or shareholder
adapt to life outside the UK, but with little or no servicing of funds. The Market Practice focuses on two primary challenges
information readily available in the US about surrounding trailer fee payment processing: the ability to identify payments
British sport, Gary became enamoured of US as being specific to trailer fee processing, and a defined method for
including required payment calculation details, which are needed to
sports. I became a big Boston sports fan, he
recalls. The Red Sox (baseball), the Patriots reconcile each of the payments. The recommendations explain how
F
market participants can leverage the ISO 200022 payment clearing
and settlement message to deliver trailer fee payments and required
supporting detail information in all currencies.
This is the first Market Practice addressing messaging in support of
w
such payments. The ISITC Payments Working Group developed these
guidelines to improve payment processing across the mutual fund industry,
it reminded us at the time of launch. Historically, trailer fee payments B
have been processed manually, and there has not been a high degree of
transparency or efficiency in executing and receiving them, notes Norman o
Papazian, Executive Sponsor of the ISITC Payments Working Group.
We developed this Market Practice to address these shortcomings in
the industry, and we encourage firms to adopt these standards in order
to improve the industrys workflow as a whole. By adopting the Market
+
Practice standards, mutual fund distributors would benefit from increased
transparency into payments and a better understanding of the calculation F
methodology being used to determine the payment amount. In addition,
the non-USD currency payments process would become more automated c
and in turn, eliminate the use of paper statements and checks. i
ISITC is continually focused on the issues facing financial institutions s
today and how to address these issues head-on, says Gary Probert. This
Market Practice was developed through the valuable input of our member h
firms, who represent the worlds largest mutual fund companies. It is only a
through their insight and hard work that we are able to continue identifying
and solving our industry s challenges.
ISITC strives to continue to raise market standards. There are many
different processes we can improve, and our subject matter member
T
experts are committed to implementing data & business standards to S
increase the efficiency of trade processing, concludes Gary Probert.
O
t
36 f
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Understanding Basel II 22 - 23 June
in the securities finance business: Securities Operations Clearing
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hedge funds, prime brokerage, repo and Global Collateral Management 22 - 23 September
collateral management.
38
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Euroclear capital markets and risk
infrastructure service providers. The most constructive the need to take a globally co-ordinated approach
realisation to come out of this crisis is that infrastructure when implementing such changes. Failure to do so will
service providers such as Euroclear Bank, the only ICSD undoubtedly result in regulatory arbitrage where financial
with which Lehman chose to do business, have been able centres with more onerous regulations will find themselves
to test and prove the effectiveness of their crisis and risk at a disadvantage to markets where regulations are more
management procedures. relaxed. Efforts are underway to co-ordinate within Europe,
So how were the knock-on impacts of Lehman contained? between Europe and the US, and globally though Basel and
The primary factor is that 99% of all credit extended by the G20. The widest possible agreement will be needed if the
Euroclear Bank to its clients is backed by collateral. The measures are to be effective.
remaining 1% is typically extended to very high quality
counterparties like central banks. Thus, Euroclear Banks Governance roles
Public outcry over financial market failure has been
Public outcry over credit exposure on Lehman
Brothers was fully covered and exacerbated by perceived excesses and arrogance shown
financial market closed out without any credit by some bankers and the most potent symbol has been
failure has been loss, or disruption to clients or
the market. The single-purpose
their sizeable bonuses. Regulators want to ensure individual
incentives are aligned with the long-term interests of the
exacerbated bank status of Euroclear Bank, firm. The financial industry is seeking to resolve these
by perceived i.e. intra-day credit is granted compensation imbalances, which will be crucial in restoring
excesses and exclusively to avoid settlement
fails, means that credit risk is
public confidence in the financial industry.
Ultimately whether talking
arrogance shown very short term, transaction National central about regulatory effectiveness
by some bankers. related and managed precisely. banks have played or financial institution
Other market infrastructures management there is no
proved to be equally robust. In the foreign exchange a crucial role in substitute for good judgement.
settlement area, CLS (Continuous Linked Settlement) bringing some This requires countering views,
withstood the turmoil, having processed a peak of over
1.5 million instructions, representing over 95% of all global
stability back to especially the voices of caution,
to be heard loudly at the top
foreign exchange activity, on a single day in September our capital markets tables.
2008. CCPs like LCH.Clearnet successfully and relatively during the recent Risk management no longer
quickly wound down Lehman Brothers OTC interest rate resides within a specific division
swap positions, which represented a notional value of around crisis. But, they that produces quarterly reports
USD 9 trillion encompassing over 65,000 trades in five need to address for management or the Board.
major currencies. Lessons have been learnt in managing the
process, but the overall picture is very encouraging.
and implement Risk management needs to be
part of the corporate culture,
their exit strategies undertaken by all areas of
Renewed regulatory focus to enable the the organisation. Risks need
Regulators worldwide want to extend the benefits of
well-constructed infrastructure further by pushing more
markets to function to be managed within a
comprehensive risk framework,
OTC derivatives transactions through a central clearer. properly. with policies related to each
This can increase resilience, but is not a silver bullet. Such of the relevant risks and a
legislation must not compromise a CCPs ability to manage governance structure that makes clear the responsibilities
counterparty and systemic risks. The CCP needs to be able for monitoring and control. Formal but pragmatic processes
to protect its own position and, accordingly, clear instruments must be in place covering both day-to-day business practices
only where it can price and margin them reliably. The and the necessary control processes, which include the
challenge for regulators will be to balance the extension of identification, monitoring and mitigation of risks, and incident
a new range of securities with the need to protect the CCP management processes. But, the single most important
itself. factor in good risk management is the tone from the top.
Another initiative to boost confidence in financial National central banks have played a crucial role in
institutions is the level of capital a firm should hold as Tier bringing some stability back to our capital markets during the
1. This will rise. There is no single right answer, not only recent crisis. But, they need to address and implement their
because of measurement exit strategies to enable the markets to function properly.
Regulators want to problems in assessing risks, It will take time. Trust, when lost, is not easily restored.
ensure individual but also because it depends It will require a large number of small measures and a
on how safe the regulators prolonged period of providing reliable financial services
incentives are want the system to be. There to the wider community. Infrastructure can play its part
aligned with the are trade-offs to consider by maintaining its resilience and adapting its services to
long-term interests in setting new and higher
thresholds. Yes, higher Tier 1
evolving market needs.
of the firm. ratios would strengthen a firms John Trundle is the Chief Risk Officer at Euroclear SA/NV
ability to withstand adverse credit events. But, higher capital Financial Services Brussels Area, Belgium and a member of
adequacy thresholds will increase the cost of intermediation the Euroclear Group Management Team.
and reduce financing needs, which may have an adverse John Trundles previous positions include Head of
affect on jobs, economic growth and social welfare. Business Continuity Division at Bank of England, Head of
One of the important challenges facing national Market Infrastructure Division at Bank of England, and the
governments and financial supervisory authorities is Governors Private Secretary
39
1-47 main text Final ISJ47.indd 39 04/06/2010 18:29
gains and losses Mandate News
John Lewis Anoints J. P. Morgan co-ownership where all 70,000 staff are Partners in the
J.P. Morgan s Worldwide Securities Services business business.
has finally made it to the top. It has been anointed by It was also recently the subject of a very friendly three-
John Lewis, England s favourite retailer. part fly-on-the-wall documentary series shown on BBC2.
J.P. Morgan will provide custody, accounting, Oh, and one other thing, it is arguably best known not
performance measurement, FX, compliance, cash just for its quality of service, but for its motto: Never
sweep and securities lending services to The John Knowingly Undersold. This means that it will match any
Lewis Partnership Pensions Trust, which has in excess lower price that a customer can reasonably find for the
of 2 billion in total assets under management. The same item elsewhere. ISJ cant help wondering whether
securities lending programme has been specifically that same principle applied in the beauty contest for this
designed to meet The John Lewis Partnership Pensions particular mandate.
Trust requirements; the complex transition required
global coordination with J.P. Morgan s borrower network Hewitt
to immediately meet the clients collateral investment J.P. Morgan s Worldwide Securities Services business
funding requirements. has been awarded a mandate to provide custody and
We found J.P. Morgans offering to be superior to its related services to pan-European defined benefit pension
competitors, including the scope of its securities lending, schemes advised by Hewitt Delegated Consulting
accounting and performance measurement services, and Services.
have been very impressed with its highly efficient on- J.P. Morgan will provide custody, transition
boarding programme, said Andrew Chapman, The John management, accounting, performance measurement,
Lewis Partnerships Pension Investment Manager. FX, compliance, securities lending and trustee services
The John Lewis Partnership operates 28 UK to support Hewitt pension fund clients throughout Europe,
department stores, 225 Waitrose supermarkets and three of which, with a total of more than 450 million
Greenbee.com. The business has an annual turnover in assets under management, are already using J.P.
of over 7.4bn. It is the UKs largest example of worker Morgan s services.
Hewitt Delegated Consulting Services allow pension
Quis Custodiet Ipsos Custodes? scheme investment specialists to manage and execute
Who Guards The Guardians is the usual literal translation a schemes investment policy efficiently. The trustees
of the Roman poet Juvenals oft-quoted question: Quis still set the strategic framework and provide regular
Custodiet Ipsos Custodes? It suddenly became relevant oversight, but the service then manages and executes
to the modern world when the Guardians of New Zealand the investment strategy against strict parameters. As
Superannuation announced in mid-April that they had a result, a scheme benefits from rapid responses to
terminated the global equity, non-US small-cap equity and changing market and/or solvency conditions, and can take
multi-strategy equity mandates managed by GMO.
opportunities to lock in gains.
GMO was appointed in June 2004 to manage a non-US
small-cap mandate, in February 2005 to manage a growth-
oriented global equity portfolio and in June 2006 to manage KLP Awards Global Custody and Depositary Bank
a multi-strategy equities mandate. ISJ immediately asked Mandate to Northern Trust and Handelsbanken
the Guardians for further background to their actions, asking Partnership
politely bluntly why the mandate has been terminated. Is Kommunal Landspensjonskasse (KLP), one of
it for performance-related or other reasons? We are still Norways largest life insurance companies, appointed
waiting for an answer. Northern Trust and Handelsbanken to provide custody
In the meantime, GMO Renewable Resources Ltd and depositary services for assets managed on behalf
continues to manage the Funds New Zealand timber of its funds and insurance businesses. In 2004, Northern
assets. This decision does not affect the New Zealand Trust became the first global custodian to partner with a
Superannuation Funds strategic asset allocation to global pan-Nordic bank to provide custody and related services
listed equities, the NZSUPERFUND tells us. to a mutual fund. KLP was the first Norwegian mutual
The New Zealand Superannuation Fund, which fund to select Northern Trust and Handelsbanken for their
commenced investing at the end of September 2003, is innovative mutual fund solution.
designed to reduce the tax burden on future New Zealand
taxpayers of the cost of New Zealand superannuation. Citi Japan Mandate
An ageing population means the cost of providing New Citibank Japan Ltd Securities Services has been
Zealand superannuation is expected to double over the next appointed by Interactive Brokers Securities Japan,
50 years. To prepare for this, the Government has made Inc. (IBSJ) to provide third-party clearing services for
contributions to the Fund while the cost of superannuation
IBSJs Japanese equities trades on the Tokyo Stock
is relatively low. The Fund will invest the money on a
prudent but commercial basis and the Government will
Exchange (TSE) with immediate effect. CJL will handle
begin to make withdrawals from 2031, when the cost of all of IBSJs clearing and settlement obligations in this
superannuation has increased. As at 28 February 2010 the market and will implement a linkage to Japan Securities
value of the Fund was NZ$16 billion. The Guardians work Depository Center, Japans central securities depository,
with investment managers around the world to execute as required by local regulations. The move follows
the strategy for investing the Funds. A list of investment Interactive Brokers 2008 acquisition of Japans Moriai
managers, now, presumably, minus GMO, can be found on Securities, a fully-licensed broker-dealer, which was
the Funds website www.nzsuperfund.co.nz. subsequently renamed IBSJ.
40
1-47 main text Final ISJ47.indd 40 04/06/2010 19:38
New format supplement out with the next issue of ISJ
GLOBALFUNDS deservedly
Ireland now
stands
Ireland
out as a global
centre for funds.
Brian Lenihan, T.D.
Minister of Finance
1996 14,762
Ucits IV, the next chapter in the Ucits story, is due to be effective 1997 20,749
mid-2011. In anticipation of the Ucits IV era, tax considerations
are dominating the agenda and in this respect Ireland has already 1998 42,987
progressed to consideration of the tax issues as they relate to
Ucits management companies, master feeder structures and fund
1999 94,502
mergers. In his budget speech finance minister Brian Lenihan high- PEoPLE 2000 145,399
lighted the industry-led activity to prepare the tax environment for - INDUSTRY LEADERS
the new Ucits era to ensure that the rationalisation opportunities - FUND MANAGERS 2001 214,888
included in Ucits IV bring with them tax certainty and no adverse - FUND ADMINISTRAToRS
2002 238,467
tax implications for the funds concerned and their underlying
investors. 2003 285,642
So, what has the evolutionary tale of Ucits together with the in-
dustry activity in Ireland to enhance the efficiencies of Ucits got to 2004 343,377
DIRECToRY
do with the AIFM directive? Simply to demonstrate how, when the - FUNDS AND SERVICE 2005 465,339
fundamentals are correct, a firm foundation for a truly internation- PRoVIDERS IN IRELAND
al investment fund structure can be established, which can evolve 2006 582,737
to reflect changing conditions and requirements and whose scale
of operation will encourage the pursuit of operational efficiencies. 2007 647,469
A similar opportunity now exists in the non-Ucits space and if col- 2008 517,702
lectively we can prepare the architecture, the extent of the prize
is known. However, should we fail to achieve or fall short in our 2009 (Aug) 571,845
efforts it will certainly be an opportunity missed.
2010 ?
Gary Palmer,
chief executive of the Irish Funds Industry Association
42
1-47 main text Final ISJ47.indd 42 04/06/2010 19:38
Supported by
Join us at www.theBenche.com
Bankers Up For A Fight: FBI Hostage Teams, US Border Patrol and US Treasury
officers. He is no less than The Man that these agencies
consult when training for a kill-or-be-killed situation. He
Is Combat Training The Next is co-author of the book, How to Survive The Most Critical
in
5 Seconds of Your Life (which in terms of strict publishing
Big Thing? style should really be called How to Survive The Most
Critical Five Seconds of Your Life, because the numbers
You may think that bankers are only interested in fat one to nine are normally spelled out in full while numbers
bonuses, but according to combat training expert Tim above 10 are expressed in digital terms, but that is sheer
Larkin they are increasingly interested in learning how pedantry, practised at a safe distance from The Man). He
to fight! Larkin, from Las Vegas, is the creator of Target also co-authors the online newsletter, Secrets for Staying
Focus Training (TFT) and teaches entrepreneurs and Alive When Rules Dont Apply.
bank executives how to protect themselves using extreme
violence. He has just launched a publicity offensive (no pun
intended).
Giiven the scraps with Governments and regulators
that look likely to lie in wait for banks in the wake of the
allegations of fraud recently laid at the door of Goldman
Sachs, it probably couldnt be better timed. I have senior
executives from banks like Credit Suisse, Goldman Sachs
and J.P. Morgan Chase enrolled on my courses, he
says. He organises training workshops to demonstrate
self-defence techniques which help bankers and other
professionals to recognise when theyre in dangerous
situations and the techniques to protect themselves when
attacked. The workshops teach practical ways to stop an
armed attacker to increase personal safety, especially when
travelling in higher-risk continents such as Africa or Latin Out and About
America.
Corporate clients principally attend Mr Larkins TFT BNY Mellon Van Gogh
seminars, which include instruction in how to kill. But this
is not any old killing, which is bad. This is killing people Hats off to BNY Mellon for its sponsorship of The Real
for protection when they are visiting markets in emerging Van Gogh: The Artist And His Letters exhibition which has
countries, which has an altogether different moral just finished its three-month run at the Royal Academy on
tone. Most people feel very uncomfortable with the idea Londons Piccadilly. Following the events that have unfolded
of violence because we have stigmatised it so much, he since July 2007, it takes guts for any financial institution to
explains. But I try to impress on students that violence is be doling out money to projects that lie so far beyond their
just another tool. You need visions in your head so you can non-core business, and especially to projects that some
replicate them when you try to do them. Philistines will no doubt label elitist. The exhibition provided a
His publicity material cites as an example Krista Waddell, near once-in-a-lifetime opportunity to see significant volumes
the CEO of Ounces2Pounds. She has enrolled on the of the work of this remarkable artist up close and personal,
courses for four-and-a-half years. She travels extensively, and to discuss his often misunderstood madness with
organising gold parties in the UK, US and Australia, which sympathetic modern listeners. He was a manic depressive,
gives her something of an incentive to learn how to look commented one particularly empathic journalist from the
after herself. Sometimes I walk out of a gold party with north of England in a strong accent reminiscent of the hard-
2,000 worth of gold and it can be dangerous especially working and versatile actress Jane Horrocks. If hed had the
because I travel on my own, she said. Armed with that right medication he would have been all right!
knowledge, finance ministers the world over might well be We tip our hats too in the direction of the Scylla and
keeping an eye out for her wending her way home after Charybdis of the security world on duty to prevent impatient
future parties. reporters, and BNY Mellon employees, from gaining
Waddell, who is also a black belt in Tae Kwon Do, says entrance a second or two ahead of the allotted time on the
that she has found TFT very efficient. He teaches you the special viewing evening on April 12. There is always, though,
basics on how to survive, she said. As well as learning a way round such minor obstacles for the committed and
TFT for protection some executives have discovered that thirsty.
combat training can improve their business decision- The exhibition proved well worth the effort, and the booty
making. Tim Larkin reports that he was recently engaged bag that BNYM gifted to visitors included a jaw-dropping
to train traders at the New York Mercantile Exchange; not book on the exhibition, but ISJ would like to offer a
to improve their capabilities for violence but to help them suggestion, and pose one small question. The suggestion?
clarify their aims when trading (ISJ, for what its worth, fails Keep speeches short. Steve Potter of Northern Trusts is
to spot any significant distinction between the two!). the model to follow on nights such as these. Hello, good
Many of them were telling me that they became evening, welcome, enjoy the evening, the food and the
paralysed before making a trade by the amount of drink, is basically his entire speech. A leisurely stroll through
information and research going round their head. The the history of the planning exhibition, in what seemed like
combat training somehow helped them focus their priorities real-time, was not the note to strike. And the question? Is the
and read the situations better, he said. Tim Larkin claims serving of prosecco rather than champagne a sign of these
also to have trained the US Navy SEALs, Scotland Yard, straitened times???
44
1-47 main text Final ISJ47.indd 44 04/06/2010 19:38 ISLA_a
19th Annual
international securities
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lending conference
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This is the only event of its kind in Europe, attracting in excess of 400 senior market participants
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for more information Please contact: find out how to get involved:
Michala Kocurova +44 (0)20 7743 9337 Fleurise Luder +44 (0)20 7743 9361
michala.kocurova@afme.eu fleurise.luder@afme.eu
Please visit the event website for a full list of sPeakers and to register your Place today.
www.afme.eu/isla2010
1-47 main text Final ISJ47.indd
ISLA_ad203x267v2.indd 1 45 04/06/2010
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main text Final ISJ47.indd 146 04/06/2010 19:38
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Nordea is the leading financial services group in the Nordic and Baltic
region and operates through three business areas: Nordic Banking,
Private Banking and Institutional & International Banking. Nordea is the
leading custody services provider in the region. Nordea provides high
quality, tailor-made custody services for local and foreign investors
dealing with Nordic and Baltic securities. Due to the unique history of
being formed from four established banks, Nordea is the only Nordic Contact:
custody provider with strong local presence and expertise in all four Nina Groth
markets. Nordea combines Nordic competence with local expertise, Head of Sub-custody and
and has proven ability to deliver high quality services that meet both Clearing
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Leading Nordic custodian: E-mail: nina.groth@nordea.com
Critical mass and resources available;
deep local experience and active involvement in each Nordic market;
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48
raw Directory ISJ47.indd 48 03/06/2010 20:13
RBC Dexia Investor Services offers a complete range of investor
services to institutions worldwide. Our unique offshore and onshore
solutions, combined with the expertise of our 5,300 professionals in 71 Queen Victoria Street
16 markets, help clients grow their business and sustain enhanced London EC4V 4DE, UK
performance through efficiency improvements and robust risk C: Tony Johnson
management practices. T: +44 (0) 20 7653 4096
Equally owned by RBC and Dexia, the company ranks among the E: antony.johnson@rbcdexia.com
worlds top 10 global custodians with USD 2.5 trillion in client assets W: http://www.rbcdexia.com
under administration.
RBC Dexias innovative solutions include global custody, fund and
pension administration, shareholder services, distribution support,
securities lending and borrowing, reconciliation services, compliance
monitoring and reporting, investment analytics, and treasury services.
Fund Administration
49
raw Directory ISJ47.indd 49 03/06/2010 20:13
Intesa Sanpaolos Transaction Services include :
Sub Custody, Derivatives and Remote Membership Clearing
Global Custody and Depository Bank for mutual funds, Piazza della Scala 6
pension funds, real estate funds, private equity funds and 20121 Milan, Italy
hedge funds T: +39 02 8794 2466
Fund Administration for mutual funds, pension funds, real F: +39 02 8794 1519
estate funds, private equity funds and hedge funds W: intesasanpaolo.com
Paying Agent for foreign funds and sicavs C: Riccardo Lamanna
Cash and Payment services like swift to checks, mass E: riccardo.lamanna@
payments, checks and cash letters intesasanpaolo.com
Socit Gnrale Securities Services offers institutional investors, asset Sbastien Danloy
managers and financial intermediaries a comprehensive range of Global Head of Sales
financial securities services: Clearing, Liquidity Management, Custody Socit Gnrale Securities
and Trustee, Fund Administration, Asset Servicing, Fund Distribution Services
Services and Issuer Services. SGSS currently ranks 3rd European T: +33 (0)1 41 42 98 65
custodian and 7th worldwide E: sebastien.danloy@socgen.
custodian (Source: Globalcustody.net) with EUR 2,731* billion in assets com
held and valuates 5,158* funds representing assets of EUR 499* billion W: www.sg-securities-services.
(at end March 2008). com
Custom House Global Fund Services Ltd. (CHGFS), the Malta Custom House Global Fund
based parent company of the Custom House Group of Companies Services Limited
(Custom House), was established when Equity Trusts fund services
Head Office Address:
division was merged into Custom House in September 2008. CHGFS
Tigne Towers
is recognised as a fund administrator and licensed under a Category
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Custom House offers a full 24/5, round the world, round the
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clock administration service out of its offices in Amsterdam, Chicago,
Dublin, Guernsey, Luxembourg, Malta and Singapore. This service, www.customhousegroup.com
which enables Custom House to offer daily dealing NAVs covers all Contacts: Dermot S. L. Butler,
aspects of day to day operations, including maintaining the funds Chairman
books and records, carrying out the valuations, calculating the NAV dermot.butler@
and handling all subscriptions and redemptions, as well as over- customhousegroup.com
seeing payment of the funds expenses. T: +353 1 878 0807
Custom House uses the PFS-PAXUS fully integrated fund Albert Cilia, Managing Director
administration system. Reporting is effected through CHARIOT, albert.cilia@
Custom Houses secure web-reporting platform for managers and mt.customhousegroup.com
investors. T: +356 2702 2799
Custom House is fully SAS70 compliant and the Dublin office was the only
hedge fund administrator in the world ever to be awarded a Moodys Management
Quality Rating. CHGFS and its subsidiaries are fully regulated, as required, by
the relevant authorities in their jurisdiction.
50
raw Directory ISJ47.indd 50 03/06/2010 20:13
EquiLend is a leading provider of trading services for the securities www.equilend.com
finance industry. EquiLend facilitates straight-through processing by EquiLend Europe Ltd.
using a common standards-based protocol and infrastructure, which 14 Devonshire Square
automates formerly manual trading processes. Used by borrowers London, EC2M 4TE
and lenders throughout the world, the EquiLend platform allows for +44 (0) 207 426 4426
greater efficiency and enables firms to scale their business globally. T: UK- +44 (0)20 7743 9510
Using EquiLends complete end-to-end services, including pre-
and post-trade, reduces the risk of potential errors. The platform A: 17 State Street, 9th Floor
eliminates the need to maintain costly point-to-point connections New York, NY, 10004
while allowing firms to drive down unit costs, allowing firms to expand T: US- +1 212 901 2224
business, move into different markets, increase trading volumes, all C: Michelle Lindenberger
without additional spend. This makes the EquiLend platform a cost- E: michelle.lindenberger
efficient choice for all institutions, regardless of size. @equilend.com
W: www.equilend.com
Finace is currently the only fully integrated solution which supports T: +41 (0)44 298 92 00
the future business model within the areas of Securities Lending, F: +41 (0)44 298 93 00
Repo and OTC Derivatives Collateral Management. The architecture A: COMIT AG,
of Finace is based on a stable, leading edge technology platform, Pflanzschulstrasse 7,
which was developed with performance and robustness as the focus CH-8004 Zrich, Switzerland
of design. With flexibility at its core, customer-driven extensions W: www.finacesolution.com
and modifications can be quickly and easily applied to the standard www.comit.ch
component set.
51
raw Directory ISJ47.indd 51 03/06/2010 20:13
Technology
Eagle Investment Systems LLC is a global provider of financial Eagle Investment Systems LLC
services technology serving the worlds leading financial institutions. The Bank of New York Mellon
Eagle provides enterprise-wide, leading-edge technology and Financial Centre
professional services for data management, investment accounting 160 Queen Victoria Street,
and performance measurement. Eagles Web-based solutions London
support the complex requirements of firms of any size including UNITED KINGDOM
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brokers, public funds, plan sponsors and insurance companies. Phone Number: 44 (0)20 7163
Eagles product suite is offered as an installed application or can be 5700
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Systems LLC is a subsidiary of The Bank of New York Mellon W: www.eagleinvsys.com
Corporation. To learn more about Eagles solutions, contact sales@
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52
raw Directory ISJ47.indd 52 03/06/2010 20:13
Isis Financial Systems provides mission critical investment
management software and services to many large and small
companies. Our customers perform a broad range of accounting and
management functions covering various industries including the fund, Isis Financial Systems
hedge fund, wealth management, and pension and endowments, 14 Felton Street
etc. Our integrated solution services span from the back office to Waltham, MA 02453
the middle. Even some front office operations are available. IMS E: Sales@IsisFS.com
is built on a contemporary three tiered architecture. Our services T: (00-1) 781-209-0262
help financial companies improve operating efficiencies, increase
accuracy and reliability and improve customer service.
IsisFS has the experience and IMS is the platform to improve your
operations and save you money.
KOGER is a leading provider of technology solutions to the fund
administration industry. KOGER products are used by some of the
largest and most respected institutions in the industry. KOGER has
offices in each of the USA, Ireland, Slovakia and Australia and provides
comprehensive 24/5 technical support. C: Mr Ras Sipko
NTAS (New Generation Transfer Agency System) is the premier T: +1-201-291-7747
shareholder register and transfer agency system in the market. NTAS E: ras@kogerusa.com
modules include an extensive range of incentive fee calculation W: http://www.kogerusa.com
methods as well as an extensive list of capabilities such as dividend
processing, cash flow management, anti-money laundering, blacklist,
taxation and fee management. NTAS supports a wide variety of fund
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partnerships, private equity and side pockets. Reports are fully
customizable and worldwide replication is available.
KOGERs GRID (Global Reach Interface Daemon) is a middleware
interface that integrates NTAS with any third-party system.
53
raw Directory ISJ47.indd 53 03/06/2010 20:13
Pirum provides a full suite of automated reconciliation and straight
through processing (STP) services supporting Operations within the
global securities finance industry. The companys on-line SBLREX T: +44 20 7220 0961
service encompasses daily contract compare, monthly billing F: +44 20 7220 0977
comparison, mark-to-market & exposure processing, pending trade C: Rupert Perry
comparison, income claims processing and custody reconciliation. E: rupert.perry@pirum.com
Subscribers to Pirums services significantly increase their A: Pirum Systems Limited
operational efficiency and reduce their risk by using Pirums solutions, 37-39 Lime Street
as staff are able to focus on fixing the exceptions instead of using London, EC3M 7AY
W: www.pirum.com
their time to check and process routine business. These automated
processes are more scalable and risk controlled too, allowing
significantly higher volumes to be managed without corresponding
increases in operations headcount.
Advent Software 1 Bedford Avenue, London, WC1B 3AU, UK T: 0207 631 9240
Accuity Market House 124 Middleessex Street Bishopsgate London E1 7HY T: +44 20 7014 3454
Aquin Components GmbH Moosmatthalde 4, Meggen, CH-6045, Switzerland T: +41 44 455 62 44
BI-SAM 1 Cornhill, London EC3V 3ND T: +44 (0)20 3008 5834
Bravura Solutions Austin Friars House 2-6 Austin Friars London EC2N 2HD, UK T: 020 7997 3000
Calypso Technology 17 Dominion Street, London, EC2M 2EF, UK T: 020 7826 2500
DST International DST House, St Marks Hill, Surbiton, Surrey, KT6 4QD T: +44 (0)20 8390 5000
Princeton Financial Systems 600 College Road East, Princeton, NJ 08540, USA T: +1 609-987-2400
Redi2 Technologies, Inc, 1771 Broadway St., Oakland, CA 94612 T: +1 (510) 834-7334
SmartStream Technologies 1690 Park Avenue Aztec West Almondsbury Bristol BS32 4RA UK T: +44 (0)20 8390 5000
Witholding Tax
54
raw Directory ISJ47.indd 54 03/06/2010 20:13
EUROPEANCUSTODY
&8672'<0$5.(76,1(8523(
Show
me
the
Light
Senior correspondent
Spotlight on: Cyprus for private
Craig McGlashan
craig.mcglashan@2i.tv equity and hedge funds 12
US correspondent
John Sandman
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Nordea Bank
Custody services with
a broader horizon
Are you looking for a single point of entry to the Nordic and Baltic region? Or do you
have your eyes set on a specic local market? Nordea is the leading Nordic custodian
and the only truly Nordic player with well-established banks in Finland, Denmark,
Sweden and Norway as well as a strong presence in the Baltic countries.
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