Isj 045
Isj 045
Isj 045
P.08 Executive Profile P.10 FX and Custody P.12 US Custody P.18 Securities Lending P.22 Analyse This
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
P.04 News
State Street
200
Managing director: the dialogue between banks Bank of New York Mellon
Jon Hewson 150
[email protected]
and regulators to continue, Northern Trust
100
particularly over the details of
Chairman: this announcement. Like one of 50
Mark Latham 0
[email protected] the experts in this issue’s custody
Q1 ‘07 Q1 ‘08 Q1 ‘09
panel says: “The era of light-
2i UK 16-17 Little Portland Street, *Pro forma combined results for Bank of New York Mellon
London W1W 8BP, UK
T: +44 (0) 20 7299 7700
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Latest mandates
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New York, NY 10022
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© 2009 2i Media
January RBC Dexia BNP Paribas SS Toronto Sub custody n/a
All rights reserved.
No part of this
publication may January BNP Paribas Prudential Capital London Custody, administration n/a
be reproduced, in ..................................................................................................................................................................................
whole or in part, January RBC Dexia Advent Capital Luxembourg Custody, administratiom n/a
without prior
written permission from the publishers.
ISSN 1744-151X
1
Contents Letters
Dear ISJ
Fund portfolio valuation
is one area under a spotlight,
In this issue largely due to the complexities
of price determination that can
12 US custody - ISJ Panel Quantifying counterparty include vendor expertise, model
COVER STORY - ISJ birngs together three risk exposure is something implementation and data source
COVER STORY many firms have yet to get and control maintenance.
market leaders to discuss client
demands and market trends right. Why? A large part of To bring order to the process
the problem is data continues and increase transparency,
Fund Administration to sit in too many places. funds should look to introduce
Putting a figure on the level of valuation policies. In committing
14 The fourth amendment counterparty exposure is critical to a pricing policy, the fund
- Fund Administration information and stakeholders creates a blueprint for the
Kimberley Ferguson examines and regulators now expect consistent application of
UCITS IV and the important
implications for custodians institutions to have it to hand. methodologies and hierarchies,
Poor data means poor decisions. tolerance limits and a process
Securities Lending The financial crisis is littered for managing price exceptions.
with examples of trading These policies must also be
18 Reinvestment partners going to the wall and regularly reviewed and updated.
revolution? their counterparts not having a Best practice should also
Foreign exchange in custody - Beneficial owners handle on what their exposure ensure that independently
Securities lending took a was. verifying prices is distinguished
services, serious blow due to losses in
page 10 Acceptable? No. Fixable? Yes. from the more limited role
cash collateral reinvestment
and the retreat by some Data has to be linked across all played by pricing vendors.
beneficial owners. Craig offices, asset classes and entities. Pricing vendors provide
McGlashan gives a timely Time, standard and structures third-party figures for a specific
02 Letters update. are all needed. set of products, often using
This requires firms to take independently sourced data.
Settlement
04 News The last month of action now. As the crisis abates, An independent valuation
updates in custody, clearing, flows will up and this is likely service, as well as providing
securities lending, legal, 20 Let’s settle this - Post to lead to pressure from other independent numbers, combines
regulation, prime brokerage trade services - Anthony projects. pricing vendor data with
and technology. Harrington compares two
rival service providers for the Buying counterparty risk additional pricing sources such
settlement heart of mutual information off the shelf isn’t as counterparties, prime brokers
06 News analysis - Model funds. an option and waiting for a and the fund manager.
query over prime- central counterparty to remove By aggregating all prices
22 Middle Office technology the risks of OTC derivatives is available on all instruments, the
custody Plus, a new voice
enters the securities lending
- Analyse This tantamount to parking the issue. independent valuation service
Thorsten Heissel of SunGard Intelligent data management can objectively test the veracity
debate. outlines to ISJ the importance across the enterprise is an of these prices and their impact
of real-time reporting. essential foundation to any on the performance of the fund.
People
counterparty risk strategy. Can I Testing for tolerance, bias and
08 View from the top - 24 Directory of services say it again? Start with the data. stale prices – combined with
Executive Profile ISJ listing of key asset an objective valuation policy –
Jay Hooley talks growth with servicing praticioners and Daniel Simpson, assures valuation accuracy.
Ben Roberts. vendors. CEO, A valuation agent’s
Cadis ■ involvement in other activities
Custody such as execution, lending,
10 The After FX... - Foreign leverage or trading can give
Dear ISJ rise to conflicts of interest.
exchange in custody - The An independent process with
lawsuit against State Street has
prompted important enquiries
Emerging from the increased transparency will
concerning the trasnparency of
financial crisis are investors make an important contribution
whose confidence in markets and to regaining investor trust
the foreign exchange service
advisors has been shaken. The and rebuild a more robust,
offered by custodians. era when investors trusted the institutionalised market.
authenticity of their statements
is over. Investors now require Jon Anderson
TO RENEW YOUR SUBSCRIPTION PLEASE TELEPHONE verification, independently Global head of valuation and
+44 (0)20 7299 7700 OR VISIT... WWW.ISJ.TV/MEMBERSHIP provided. OTC derivatives, GlobeOp ■
To express your views, write to [email protected] or blog at www ISJ.tv
2
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.
Wh
News ISJ Investor Services Journal •C
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 •L
• In
News A “significant step” was taken Smith, former CEO of Chi-X Global •F
Fund Administration towards launching Central Technologies, was appointed vice
Securities Depositary Prague, chairman. •G
Custody Credit Suisse announced that it following an agreement between
is in exclusive talks to buy Fortis the Ministry of Finance and
Bank Nederland’s alternative asset Regulation
the Depositary to facilitate the
management services division, transfer of files of dematerialised
State Street was left facing many
Prime Fund Solutions. and locked-up securities from the US President Barack Obama
lawsuits at the end of 2009.
Missouri Public School Retirement Prague Securities Centre. launched dramatic proposals for
US-based hedge fund Crabel the reform of the financial sector.
System sued the bank following
Capital Management selected BNP Paribas Securities Services In an echo of the Glass-Steagall
the custodian’s demand for the
Citi to provide a range of hedge was appointed as post-trade banking act of 1933, Obama called
return of USD4.2 billion to its
fund administration services. The partner for Vega-Chi, which is for bans on proprietary trading
securities lending programme.
bank also signed a new five-year to be Europe’s first Multilateral and hedge fund investment by
Missouri is claiming against a
agreement with Standard Life Trading Facility (‘MTF’) for commerical banks.
breach of fiduciary duty, breach
Investments. The bank provides convertible bonds.
of contract, and is seeking a
fund administration and securities Two thousand pages of regulatory
restraining order on the bank to
services to the asset manager. J.P. Morgan became the custody, reform documentation hit the
take further action should the
securities not be returned. clearance and settlement services desks of banks in December alone,
provider to GreTai Securities as estimated by JWG Group.
Securities Lending Announcements from the G20,
British American Tobacco and Market (GTSM), Taiwan’s over-the-
Glancy Binkow & Goldberg filed counter exchange, for the trading the EU, the Basle II Committee
suits in December – the latter of foreign government bonds. among others led a crowded set of Ben
Quadriserv and SunGard gave announcements.
on behalf of the District of Lear
access to the clients on its The National Depository Center
Massachusetts on the grounds
integrated platform to straight- elected 11 new members of In the UK, Lord Myners, City • Id
that the bank made false and/or
through processing of price the companies Committee for Minister, launched the Treasury’s • L
misleading statements, and failed
discovery, central counterparty Innovations and Products, proposals for banks to develop
to disclose material adverse facts • E
clearing, settlement and open including Yekaterina Anisimova, ‘living wills’ that outline how the
about its operations.
loan contract maintenance. product development manager, firms would be wound up in case of • F
Elsewhere, the bank won Securities Department, ZAO default to improve administration
Wells Fargo has responded to Citibank, and Yuri Dubin: Director after the prolonged difficulty This
mandates from Calamos, Caldwell
reports that it is facing a probe Depository, Sberbank. following the collapse of Lehman
Investment Management, Morgan REG
from the US Securities and Brothers in September 2008.
Stanley and McCains Food, and
Exchange Commission (SEC) by RBC Dexia’s Dublin-based mutual • G
launched a Corporate Governance
claiming that an information fund custodian and investor New rules from the SEC will a
DashboardSM.and a CAD15.6
request it received from the services branch linked to “promote independent custody”,
billion mandate from MD Physician
regulator was part of a wider Calastone Limited to become a according to the US regulator, HED
Services (MDPSI) in Canada
review of securities lending in participant of its cross-border and will introduce a requirement • E
general. transaction network. The for advisers to use independent
Goldman Sachs was sued by • R
the Security Police and Fire custodian’s clients can now public accountants.
Professionals of America access its network of mutual • G
Retirement Fund over the bank’s Settlement fund providers and distributors
multi-billion dollar bonus payouts. that boasts automation and Reporting requirements would INST
transaction efficiencies. RBC also see a rise next year, • H
CME Group, the derivatives Dexia, the first user of ISO20022 according to opinion, with nearly
Jacques-Philippe Marson was fired • F
exchange, announced the initial funds messages in Ireland, 40% expecting an increase in
as CEO of BNP Paribas Securities
group of dealer founding members became one of the first firms to requirements. 29% believing that • W
Services after breaking company
supporting its initiative to clear be able to offer these services there will be a greater requirement
rules. He was replaced by Jacques PRIM
credit default swaps (CDS): in the country. Aviva Investors, for demonstrating a “culture of
d’Estais, former president.
Barclays Capital, Citi, Credit the asset management and compliance”. • E
Suisse, Deutsche Bank, Goldman securities finance firm, and
BNY Mellon Asset Servicing • E
Sachs, J.P. Morgan, Morgan its administrator, IFDS, also The New York Fed plans to address
won mandates from Jubilee o
Stanley, and UBS. Each bank connected to Calastone’s problems identified in the recent
Financial Products, Pensioenfonds • Id
executed a non-binding term network. report on the OTC derivatives
Horeca & Catering, and the ADR
sheet. market, Policy Perspectives on OTC
programmes of the Grupo TMM and
Derivatives Market Infrastructure,
Grupo Nacional de Chocolates.
EM
CPD
E
Tel: +44 (0)20 7017 7702 Fax: +44 (0)20 7017 7881 Email: [email protected] For latest programme please visit: www.infoline.org.uk/hedgefunds
on MP claim
that gives the fund manager a my custodian, but there are
choice of custodians to hold cost and process implications,” ✔
assets that have no reason to Anthony Byrne, Deutsche Bank
co-head of European prime ✔
leave with the prime broker.
The alternative is the finance and global head of A war of words erupted in be certain.
internal model, where the bank securities lending, explains. the securities lending world McNulty suggested that an
offering the brokerage services If the custodian was a leader
and it was clear the work done
after outspoken MP Frank agreement may have been N
also has a custodian capability Field claimed that a pension made by a trustee no longer
and offers the separation to link ICP to the custodian’s fund he had spoken to had at the fund, but Field said G
between the two divisions. systems and to do all the been entered into a securities “there was no question” of
Most will prefer a model due diligence, then Deutsche lending programme by its an agreement having been in
where assets moved out of the Bank wouldn’t fret too much custodian without the trustees’ place, adding: “The custodian
broker to the custodian are about the cost and the fee permission. has admitted that it didn’t have
completely free of any contact to the hedge fund would be, In addition, the MP that permission.”
with the prime broker. well, in the ball park. A small said that UK gilts had been Field made his concerns
Custody and brokerage custodian, where the bank borrowed from the fund with known to the UK Pensions
are not natural bedfellows. could not reasonably anticipate South American bonds used as Regulator, which released new
Gavin Maguire of Citi’s further such contracts, would collateral. securities lending guidance
Global Transaction Services be decidedly less attractive. Field told ISJ sister for pension funds, although
division, pointed out in Although early days, several publication Global Securities this made reference to
Global Securities Lending that large European clients have Lending that custodians fund managers rather than “T
a custodian bank may not already signed up as IPC clients were “behaving as mini- custodians. is
be able to provide the same and hundreds of millions of Maxwells”, in reference to The regulator mentioned
services, particularly given the euros worth of securities have the former media magnate cases where lending
bespoke and often demanding been segregated, according to Robert Maxwell, who lost large programmes had been started
set up of hedge funds. “The Byrne. Deutsche Bank in the amounts of his companies’ “without full knowledge of the
traditional custody model US already has a large pipeline pension funds through fraud. trustees”, but refused to reveal
requires different infrastructure of clients interested in taking International Securities whether this implied that
requirements for hedge funds.” up the service when it is offered Lending Association chief programmes had been started S
“Hedge funds will need State-side in early 2010. executive Kevin McNulty said without permission or there
people with experience of Fees are a ticklish question. that the claims were “very was simply a lack of trustee
working in a the traditional Byrne points out that prime unlikely”, but that “we don’t understanding. n
custody process, for a small brokers tend to offer custody have enough information” to Full story: www.gsl.tv
th
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Th you ou s
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Architecture2010
9th-11th February 2010, America Square Conference Centre, London
www.tradetecharch.com
HOW TO GET MORE RETURN ON YOUR ARCHITECTURE FOR LESS MONEY
✔ Best low-latency technologies & achieving the fastest connection to different liquidity pools Yann L’Huillier,
CTO, Turquoise
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1-13 ISJ45.indd
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23/11/2009 15:24
Executive profile ISJ Investor Services Journal
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
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08/10/2009 15:24
Custody ISJ Investor Services Journal
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
10
typically be bigger trades by individual participants’ transacted rate and the mid- exonerate the former.
value and therefore would be negotiated market rate, times the volume of the trade. Sebastien Danloy, global head of sales
over the phone. A fund manager might In the equities world of Volume Weighted and relationship management at Societe
work with a number of counterparties Average Price - the ratio of the value to Generale Securities Services, says he is
in this business, such as custodian banks. total volume traded over a particular time “puzzled” by the State Street case on
The rate that managers will trade with horizon - selling at 20 and the market is 20 the grounds that CalPERS and CalSTRS
these entities – acting as agent - can be bid means there is no trading cost. receive cash statements, including foreign
significant to a pension fund. This is not the same for a foreign exchange, and that it has them taken many
“We’d be able to show the clients currency trade, which are often executed years as clients to highlight the problem.
that when their manager traded with to fund some other security investment. “I think it is on the part of institutional
counterparty ‘A’ they were getting a good “When you sell that security you have no investors like CalPERS to handle their FX
deal, whereas against counterparty ‘B’ it expected return on that currency other activity, as well as the execution on equities
was not so good.” than what’s already embedded on the and bonds and make sure there is a fair
This can disclose how clients might security side. When you go the other way pricing for each transaction expected. If
be getting different results from a shared you must pay a 25 offer to get out.” the price is not fair there is nothing that
custodian, as well as the price at which It could be argued that foreign prevents them from using a third party
fund managers act as agents for the exchange remains a largely unregulated provider for their FX activity.”
pension funds. These two aspects of market, facilitating to a degree the shadow He adds that SGSS can provide a report
Amaces’ service shine light into a key area activity of altering automated trades. detailing FX deals, the high and low of the
of understanding as to the relationship But PJ Di Giammarino, CEO of JWG day, and the analysis of each transaction
between institutional investor and service Group, a regulation and technology think should it be requested.
provider that might have gone overlooked. tank, argues that in Europe the Markets in Colin Rainbow at Watson Wyatt,
“You are assuming there’s been an Financial Instruments Directive (MiFID), the pension fund consultant, widens
explicit discussion between pension fund the counterparties of accountability by
and custodian as to how they are pricing “40 basis including the investment manager of the
that foreign exchange,” he adds. “I would
challenge that assumption. I would say points on every fund, and not just the trustee.
He spoke to ISJ following work with
currency trade
it’s a rare event that a pension funds or a number of custodians to encourage the
fund manager has had an open and frank production of standard reports for clients.
discussion over how the deals will be
priced.” is not going to make This would provide a concise snapshot of
the performance levels of the securities
Banks have been not just secretive but
some would say protectionist of their or break your fund... services executed, he says - and highlight
the triumvirate of responsibility.
foreign exchange revenues. In 2006, US
banks lobbied hard against the Employee but those are costs “We recognise that getting concise
monitoring reports directly from the
Retirement Income Security Act - a federal
law that aims to provide protection for the
that can and should custodian not only gives insight into the
operational efficiency of the custodian but
plan’s members - seeking an exemption
that allowed them to take up to 300 basis
be controlled.” some insight to the underlying investment
manager’s efficiency,” he says.
points on a currency trade, either 300 “On the foreign exchange side, if at the
above the high, and 300 below the low. summary level these reports [show] there
John Galanek says this reiterates the
onus for institutional investors that “unless
John Galanek, are large volumes of trades going through
the custodian then questions need to be
your custodial agreement protects you FX Transparency asked about if the underlying investment
from that, the regulation does not”. manager is allowing those trades to
FX Transparency provides analytics now two years old, included foreign happen.”
for clients based on the mid market rate exchange trading in its pledge towards However, Rainbow concedes that
- the rate at which sell side banks use for encouraging ‘best execution’ by brokers although the consultant asks the
all their pricing algorithms. The firm dealers for underlying clients. custodians for time stamps to indicate the
was created based on a growing demand However, he concedes: “It’s fair to say time a trade was executed, they are not
for clarity on custody cost from their that the level of diligence and scrutiny that always forthcoming.
institutional contacts. “Pensioners and foreign exchange has had is not as great as Like Di Giammarino, he argues that the
endowment are very anxious to start to it probably should have.” trustee is still responsible overall. “Within
quantify these costs as you can’t think He adds that the Committee of every portfolio the underlying investment
about a cost benefit analysis of a custodial European Securities Regulators, which manager has responsibility for monitoring
relationship if you don’t know the whole provided technical advice to the European what happens within that portfolio at all
cost number,” explains Galanek. Commission on MiFID, is yet to ‘come levels. From an oversight point of view, the
He says the firm uses the mid market off the fence’ in explicitly naming the responsibility falls to the client.”
rate - for example 22.5 as the middle of instruments to be included within MiFID. State Street blocked requests for
a bid of 20 and offer of 25 - as market- Amid the confusion, there is a grey area comment, stating in an email response:
making banks on average trade at the around the issue of due diligence between “We categorically deny any allegations
mid-market rate. The cost to trade is institutional investors and the broker of wrongdoing and will defend ourselves
the difference between the buy-side dealers placing their trades that does not against any litigation.” n
11
1.Has 2009 seen any changes to includes increased transparency they manifested themselves? mutual funds in particular.
the relationship between you and disclosure, increased educa- It has also called for more de-
and institutional clients? tion, making sure reporting is RUDENSTINE: Investors have tailed reporting, and on our side
where it needs to be and working been severely tested by market we’ve developed an intelligent
RUDENSTINE: The market with the clients to understand conditions and are experiencing dashboard that we’re rolling out
conditions we have faced over the material. enormous pressure to reduce for clients.
the past 24 months have been There have been more dialogues expenses and risk while maximis- Initially this will be informa-
unprecedented. In the wake of around risk management and ing returns. tion on securities lending
the Lehman crisis, there was an compliance oversight, with firms These forces will continue to programmes and it will expand
extreme sense of uncertainty dedicating analysts to oversee push demand for asset safety, to information on custody and
across the industry, borne out by certain elements or securities transparency and risk-weighted other areas. These are the areas
clients’ flight to cash. That flight lending relationships, we’re returns. Clients are looking in which we’ve been seeing more
to a safe harbour has receded interacting with those clients on for improved risk management information and dialogue.
and relationships have largely a more frequent basis. I think solutions, assistance with their
‘normalised’ again. that’s a good thing. own regulatory reporting and SANDS: Like most organisations,
That being said, as institutional innovative ways to save costs, our clients are looking to save
investors and asset manag- SANDS: BNY Mellon has enjoyed a and custodians need to step up money. They are looking at cus-
ers strive to find new ways to great relationship with its clients to that challenge. todians and wondering how they
maximise returns in the current for many years with strongly pro- Whether this means pushing can leverage the investments
economic environment, they are active client response at its core further into the middle office we’ve made and the abundance
taking a much more thoughtful - I think that’s important. space by offering third-party of experienced people we have to
approach to their relationships Our clients have experienced messaging or seamless execution help them.
with their custodians. unprecedented market and in- and custody, or whether it is the The way the custodian market
Asset safety and understanding dustry events over the past year, integration of prime broker- place is evolving is that we’re be-
the relative risk profile of where and we have seen an increase in age and custody, delivering a coming the accountants for the
and what you are invested in have the need to better monitor and best-in-class service by taking a whole industry. When you look
moved centre stage. manage risk. These are issues solution-based approach will be at what we do today, we’re the
Whether it be more transparen- that are front-and- centre. critical. natural repository for investment
cy around positions, new struc- Second, clients want to ensure Above all, investors demand portfolios. We’re able to pull in-
tures to segregate instruments, the custody process remains effi- their service providers ensure formation together to be able to
or the resiliency of custodians to cient and productive. The reason the safety of their assets. The help clients with the regulatory
handle extreme market events, these two areas are so important importance of a fortress balance developments that are occurring.
what drives the business in the is that they’re dictating our tech- sheet and detailed, ongoing and Since we’re the repository of
post-crisis environment is the nology spending plans. So based continuous oversight and due dil- that information we not only
ability to provide an integrated, on client feedback we’re helping igence to all processes designed help them with the reporting,
risk management platform that them in those two ways: better to protect clients’ assets cannot but also help them manage risk
allows our clients to focus on managing risk and helping them be overstated. with our compliance and analyti-
their primary goal: generating be more productive. cal tools.
greater alpha, safely. SPARHAWK: Risk and its mitiga- Further, we have the portals
2.Have there been any new tion are definitely key. With to enable a client to access this
SPARHAWK: I would say that demands from clients – eg. respect to risk management information, often daily. The
there has been increased interac- increased focus on risk manage- we’re doing a lot more site visits custodian’s role is changing – it
tion with the client base. This ment, reporting – and how have with chief compliance office for is not only settling trades but
12
13
grated long/short asset manage- tion by reducing losses arising derivatives clearing house, there SPARHAWK: Our programme
ment product covering the full from fraud and the misuse of are many questions. Who would has always focused on intrinsic
spectrum of services across prime investor’s assets.’ In the U.S. be the clearing house? How value lending with a conserva-
brokerage, securities lending and specifically, the SEC is proposing would it be structured? Would it tive cash collateral manage-
financing, collateral manage- changes such as surprise audits be independent? What would be ment programme. We’ve had no
ment, custody and accounting. of asset managers using affiliates the timing and reporting neces- client losses and we’re going to
As we are witnessing the contin- by an independent account- sary by constituents? Today we continue to focus on intrinsic
ued convergence between hedge ing firm to audit all positions, serve in that role as an exchange value trading philosophy and
fund and traditional long-only including alternative assets. In in information, where in a clear- conservative cash management
strategies, delivering an end-to- general, regulators are going to ing house you would be using approach and this message is
end solution across both longs be looking for more transparency more technology. It takes time to playing very well with clients.
and shorts within a structure from our clients around positions do it properly, but I’m in support The market is generally seeing
that ensure asset safety, reduces and where those positions are of executing and clearing trades the return to intrinsic value
financing and operating costs held, and our clients will look to in a more structured way. lending and evidenced by our
and provides a consistent service us to facilitate that reporting. pipeline of prospects around
model across all funds will be key. J.P. Morgan is actively engaged in 7.Securities lending has had the philosophy of adding alpha
the reform efforts and involved a transformative year, with as well as mitigating risk. It’s a
SPAWHAWK: We have seen dialogue that we’re having more
that happening. Just as we’ve
seen multiple prime brokers
“Clients look for risk frequently and it’s welcome.
14
The Four Seasons Hotel,
GSL |
Global
Securities
Canary Wharf, Lending
London E14
Thursday 25th February 2010 GSL.tv/London
1-13 ISJ45.indd
London 15
summit advert.indd 40 22/01/2010
19/01/2010 15:24
10:27
Fund Administration ISJ Investor Services Journal
01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
16
for exchanging information to a more fund and you have acquired a new interest implement UCITS IV. Until these tax
sophisticated model. in the Luxembourg fund”. barriers are removed, UCITS IV will not
KIIs will become a standard fixture This could thus potentially translate be effective” says Mr Kazimi.
until UCITS IV. “UCITS III allowed for into quite a hefty bill for the investor. Ian Headon, product manager for
a shortened prospectus, which is meant “Another example is, if you own UK alternative asset administration at
to be a synopsis of the larger prospectus, shares held in an Irish fund, and UK shares Northern Trust, is positive on UCITS IV,
however when you read the requirements held in a Luxembourg fund. When one but considers the extent to which hedge
of what had to be in the shorter prospectus fund is collapsed into another, some of fund strategies can be accommodated as
compared to the larger one, there wasn’t a these shares could be viewed as having a the crucial point. “There are clearly some
whole lot of difference,” Lasry explains. ‘change of beneficial owner’. This transfer restrictions within UCITS on leverage and
Mantrisi adds that UCITS III’s could also incur stamp and other taxes. distribution. However, by and large, our
simplified prospectus did not obtain the “The Master-Feeder funds face clients, particularly our more conservative
expected success because it neither reduced similar issues. If you have a feeder fund hedge fund clients, and our clients with
the complexity of the document nor help in Luxembourg, and you decide you are less complex strategies, have been able
the investor to better understand the going to buy into a fund in Ireland, which to accommodate their business in a
product. “The KIIs should be comprised of you seed with securities, this too could UCITS vehicle. It remains to be seen if
a maximum of three pages, and be written incur a transfer tax. Withholding tax also this investor demand is just a short term
in a style that is easily understandable by could become an issue, because depending response to particular market events and
all. In brief, this document must succeed in on which jurisdiction you are based in, to the credit crisis, or whether this is a
being understood by the end investor,” he some will have a wider network of tax more significant shift.”
says. In addition, its standardised format treaties than others.” Mantrisi believes UCITS IV will
and especially its focus on performance Mr Kazimi and colleagues say in strengthen the UCITS brand enhancing its
transparency, efficiency and attractiveness.
and risk profile should allow for easy
comparison of funds.” “A custodian will “Achieving household savings within
Europe is one important aspect. In
UCITS IV also highlights an increase
of custodian liability regarding its sub be asked to take on addition, making the European product a
gateway to other promising markets such
custody network.
Previously, a custodian was responsible more responsibility as Asia and the Middle East is crucial to
international harmonisation and growth”
if a sub-custodian defaulted. However,
custodians often asked to opt out of this in the case of a sub- he says. However, he is also concerned
custodial default ”
responsibility clause, with the client liable. about the tax implications.
“This will change with UCITS IV where “While UCITS IV is a great step in the
the custodian will be asked to take on right direction, broader considerations at
more responsibility in the event of a sub- a European level such as the lack of tax
custodial default,” says Lasry.
On the surface, the UCITS IV changes
James Lasry, Hassans harmonisation, could hamper its success,”
he says. “In addition, the proposed
seem to aid and encourage the uniformity measures, which are already challenging
of European funds. However, deeper order for UCITS IV to be beneficial EU market participants, will become even
research exposes some significant flaws in commercially, the tax laws must be more complex when applied to non-EU
the form of tax implications. amended throughout the member states to countries”.
Ali Kazimi, a partner at Deloitte LLP, enable the proposed investment structures Across the pond, David Friedland,
attended a series of public consultations and transactions to happen in a tax neutral president of the Hedge Fund Association
held by the European Commission in the manner. is not entirely convinced. “Given the
lead up to the UCITS IV launch. While the issue of tax barriers to cost of compliance and registration, the
At these events, the changes - the cross UCITS IV was acknowledged at the real beneficiaries in my opinion will be
border mergers of funds, the master-feeder consultations, it was felt that introducing the larger hedge funds who can afford
structure and the management company any tax matters would hinder the progress compliance and are targeting institutional
passport, in particular - were discussed at and it would not be feasible to implement investors as their predominant client base.
length from a tax perspective. UCITS IV by the proposed July 2011. All The majority of hedge funds in the US
“The cross border mergers of funds tax decisions at the European level require have less than USD250 million and so are
are based on the assumption that if a fund unanimity across all the member states. less likely to be attracted to setting up a
manager was running a North American The Commission has accordingly UCITS compliant fund.”
fund in Ireland, and a North American brought in the principal legislation, Todd Groome, non-executive
fund in Luxembourg, then perhaps it without directly addressing the tax issues. chairman of the Alternative Investment
would be easier to merge the two funds The resolution? “The EU plans to rely Management Association (AIMA), adds:
into one” explains Mr Kazimi. on market operators to come forward “There are US managers with offices
“However, if you were an investor in, and challenge these tax laws. When this in London who are looking to access
for example, an Irish domiciled fund, and happens, they will be instructed to go the UCITS system as a way to reach
your fund manager decided to collapse this to the European Union to start legal other class of investor. Some managers
into a Luxembourg domiciled fund, under proceedings on a discrimination basis. The are comfortable with the added level
some domestic laws, this may be seen as Commission will then start proceedings of complexity of reaching out to
a ‘deemed disposal’, which means that in against the member state, saying that they new investors under new or different
regards to tax purposes it could be viewed have a taxation system that is thwarting regulatory regimes, and UCITS provides a
that you had sold your interest in the Irish attempts by the European Union to way to access another class of investors.” n
17
Reinvestment revolution?
In the whirlwind that hit the have to hold risk capital against those asset
financial world over the last two years, liability mismatches on the loan side and
securities lending was one of the most on the asset side - which is what you would
demonised sections of the markets, with have to do if you were writing an insurance
even the mainstream media picking up on contract - you just would not see those
what had previously been seen by many sorts of mismatches arising. It would be
as a plain-sailing, back-office part of an too apprehensive.”
institutional investor’s portfolio. Mark Payson, global head of trading
In particular, the reinvestment of cash and asset liability management at Brown
used as collateral in these transactions was Brothers Harriman (BBH), believes that
deemed by many to have been at the root disclosure from agent lenders is vital.
of losses and instability, with numerous “It is the responsibility of every lending
lawsuits appearing from clients outraged agent to make sure that they are aware of
that their cash had been reinvested in what Craig McGlashan asks their clients’ trading practices,” he says. “So
if a client has USD500 million on loan,
they deemed poor quality instruments.
The maelstrom has begun to die down,
what changes to the but suddenly needs to reduce the on-loan
but the lawsuits continue, and many in oversight of cash balance to USD250 million, the agent must
ensure that the USD250 million can be
the industry believe that there are more
on the way. No-one doubts that a lot of
collateral programmes redeemed from the collateral pool. Strong
money was lost through cash collateral can be expected after a asset and liability management is the key.”
However, Payson believes that the
reinvestment, but the effect on the future
involvement of beneficial owners in tumultuous last year. BBH approach is different from many
lending programmes, and what collateral other lenders and that it is important to
they will accept if they do, is still to be
decided.
“Collateral differentiate between securities lending
and what he calls securities finance.
Certainly, cash collateral reinvestment schedules “In its purest form, securities lending
refers to the generation of revenue
received a grilling at the US Securities and
Exchange Commission (SEC) roundtable will from the intrinsic value or borrowing
demand of securities, with the transaction
normally have no
discussion on securities lending in
September of last year. supported by the exchange of collateral
that is liquid and of a high quality,” he says.
Jerry Davis, chairman of the board of
trustees for the New Orleans Employees’ mention of the “Securities finance is a different
practice, and results when securities
Retirement System, told the discussion
that he was unhappy with the level type of instruments lending is used to generate cash collateral
with the sole purpose of reinvesting said
of disclosure from his fund’s lending
agent on exactly how the cash would be allowed” collateral in riskier products as a means to
reinvested. generate higher revenue.
“The exhibits to that agreement were “In some cases, agent lenders got into
marvels of simplicity,” he said. “The
exhibit number three, I will never forget. It
Sonja Spinner, trouble because the lending and borrowing
of securities with low intrinsic value and
purported to list the allowable investments
for collateral alone. And it said cash,
Mercer with low demand was encouraged in order
to raise loan and utilisation levels. In
securities and letters of credit, period, the Associate at Mercer Investment Consulting, order to facilitate these transactions and
full content of that page. says: “I see a fair number of collateral to generate large cash balances beneficial
“There was nothing about the rating schedules and when you look at one, owners were required to be increasingly
of these various instruments, there was there will normally be no mention of the aggressive on the collateral reinvestment.”
nothing at all about the monitoring of the allowable duration mismatch, there will Payson believes that cash collateral
instruments, there was nothing at all that be no mention of the type of instruments reinvestment should be seen as a
described how the bank was going to care that are allowed and the type of credit risks “complementary product” and not the
for those instruments. So I think that even that are allowed to be in there. A beneficial “main driver” of securities lending.
though the document itself, for a small owner can take in almost anything.” However, other concerns have been raised
fund like ours, was 30 pages, the meat of it Spinner’s experience in insurance has about cash collateral reinvestment. The
was the protection for the lending agent, meant that she has been “quite shocked” by issue of fiduciary responsibility can be
not for the beneficial owner.” the very large duration mismatches she has affected – pension trustees and other
So have agent lenders being guilty of seen agent lenders allow to arise in their beneficial owners may have no say in who
failing to disclose how cash collateral will reinvestment pool. is appointed to manage the cash.
be reinvested? Sonja Spinner, a Senior “If you work as an insurer and you One investment manager at a pension
18
19
20
or ISO - which they may already use settlement offering are already Euroclear
the net position that they have with each to process other types of financial UK & Ireland customers. They can
other,” Llewewllyn says. transactions. easily leverage their existing relationship
The alternative is a large number of This is the very point that Calastone with Euroclear UK & Ireland that was
BACs payments as each trade is settled offers as one of its uniques –that it does previously established to process bond
individually. “Clients were adamant that not constrain its clients as far as choice and equity trades. “For funds in particular,
the mutual fund space was not like the of messaging system is concerned. At this fund promoters, distributors and others
equities space 10 to 15 years ago. This point in time, Calastone could argue that will be able to use the data we retain to
is not a market facing huge systemic it offers more communications flexibility automatically reconcile their positions,
risk issues, but it is a market that needs than Euroclear, but it sounds as if that simply by downloading transaction
“updating,” he comments. advantage will be dissipated soon after its summary reports.
The basic premise that Calastone service is launched in 2010. Rudd adds that – when it comes
is working off is that if institutions Rudd admits that Calastone’s offering, to settlement - there is a considerable
can electronically instruct to confirm when launched, will be a direct competitor advantage for clients in settling fund
settlement obligations, then that to the combined Euroclear/EMX offering, transactions on a gross basis.
instruction should trickle right through but he points out that Euroclear/EMX “When reconciling trades, market
the payments process and should tie up had already gone live with the new participants need to see the gross
with reconciliation procedures. system in September. Clients are already transactions that have been processed on
In the blue corner testing and it has the support of the the system. Just getting a netted figure
Euroclear pipped Calastone by Investment Management Association. would make trade details completely
launching a mutual fund settlement system “This is a solution that we created with invisible and impossible to reconcile.
at the end of last year. It settles UK fund the funds industry, through the Funds “In the funds universe, netting creates
transactions with the same FSA-regulated Liaison Group, so there has been industry more complexity than it reduces. I do
service provider that already settles the wide input into the model that we have see value in netting the cash component
client’s bond and equity trades. delivered,” he argues. of a fund transaction, to ensure the
But the fact that the system was in fact Euroclear UK & Ireland and EMXCo client only needs a minimum number of
created for settling equities and bonds is have plans to extend coverage beyond cash transfers between banks. However,
significant, concedes Andy Rudd, mutual UK funds. For settling cross-border deals, for reconciliation purposes, they need
fund project manager at Euroclear UK & Euroclear offers its FundSettle platform, transaction details, particularly to detect
Ireland. which has been serving the fund industry and resolve exceptions. This is why the
Mutual fund transactions are since 2000. Funds Liaison Group recommended that
continuous primary market instruments, The idea was to take the order routing we work on a gross settlement basis, with
whereas bonds and equities trade as capabilities of EMX, the most widely net cash settlement at the end.” n
secondary market securities. used order routing system in the UK, and
The fund manager is constantly connect it directly, on an STP basis, to
MiFID &
creating and removing units as investors Euroclear UK & Ireland,” he comments.
subscribe to and redeem them, and the This means that orders sent through
settlement system has to address this EMX will automatically flow through for
fundamental difference. settlement at the UK’s central securities
post trade
Euroclear’s offering was developed on depository (CSD). Given the focus on risk
the back of the creation of its Fund Liaison management in the market today, and the
Group in 2008, which comprised the major proven track record of CSDs during the
fund distributors, managers, platforms recent financial crisis, Euroclear UK &
and registrars in the UK to discuss fund Ireland is the natural place to settle fund
transactions as well. The concept of ‘best execution’ in the
services. “There was unanimity on the 2007 Markets in Financial Instruments
fact that the industry needed a solution Rudd says that Euroclear plans to
connect the EMX message system to its Directive (MiFID) and the new multi-
that would automate and standardise lateral trading facilities (MTF) that sprung
the settlement and asset servicing of UK FundSettle system in 2010. This will allow
UK fund investors to route their orders via from it have changed the post-trade
funds,” Rudd says. landscape. Some, such as Eamonn Ryan,
“The aim was to provide the sector EMX to settle foreign fund transactions on
FundSettle and help foreign investors in product manager for Euroclear Bank’s
with a reliable settlement system, with EquityReach service in Brussels, believe
proven processing expertise, that would UK funds reach the relevant infrastructure
in the UK more easily and cost-effectively ‘best execution’ did not consider the post-
reduce the costs, risks and settlement trade element nearly enough.
cycle to T+4 instead of as much as T+10 than at present.
It will certainly facilitate more cross- Best execution includes elements
for UK fund transactions. Euroclear UK such as optimal cost and likelihood of
& Ireland also designed its new service to border traffic in UK funds. “Right now we
have funds from 21 markets settling on settlement, according to MiFID Article 21.
automate and centralise fund transaction New trading venues have vastly
reconciliation between all relevant parties. FundSettle and that number is growing all
the time,” he says. These 21 markets are all increased trading competition and driven
Market participants can avail of the service down transaction charges.
via the same interface they already use the major markets and as such constitute
the markets with the greatest appeal to When traders route an order to any
to reconcile other security transactions trading venue, they are also choosing their
they settle with Euroclear UK & Ireland. professional fund investors.
For Rudd, the critical factor is that the clearing and settlement infrastructure.
We will also provide clients with a choice It has turned post-trade into a
of message standard - that is, proprietary bulk of potential users of its mutual funds
continued page 22
21
Office Technology
and cheap flights but new airports too.
New CCPs from EuroCCP and EMCF
and established exchanges such as Nasdaq
OMX and LSE IOB have also launched.
If a CCP allows clearance for a trader
using multiple venues, then CCP netting
How important been cleared or communicated with the
report. Without that assurance, a newer
reduces a trader’s on-exchange settlement
cost reduces to a fixed charge per CCP.
is real-time version of such a report, processed in
real-time, might be sent later (again in
However, while competition between reporting? Thorsten real time) and show different results,
calling into question the report’s
CCPs in offering clearing services for
the same exchange will drive through Heissel, SunGard credibility and even the credibility of the
data processing organisation.
efficiencies and cost reductions, There So, if real time is not a one-size-fits-all
have also been tentative steps towards CCP As the role of the middle office grows solution, what else is there?
interoperability, in line with the one of in significance, now may be a good time to We may be better served by a right-in-
the pillars of the European Commission’s question the potential broader impact of time approach rather than real-time for
Code of Conduct. Indeed, one of the some commonly accepted best practices in at least some of the middle office’s new
pillars of the European Commission’s middle office reporting. tasks. Right-in-time means processing the
Code of Conduct is for CCPs to become Highlights from two recent research data as soon as it is available and relevant
interoperable. reports put this question in context. to a specific recipient of the data.
The London Stock Exchange, for First, Beacon Consulting Group A right-in-time approach recognises
example, has an agreements with LCH. reported last year that institutional that the value of data changes over time;
respondents cited the importance of that data is most effective when it arrives
Clearnet and SIX x-clear. Marco Strimer,
real-time reporting as their number-two at the point where it is required for a
CEO of SIS x-clear, told ISJ at the Sibos technology concern, right after lack of
conference that “interoperability is not a specific action. To be fully valued in this
automation at number one. context, data is dependent on the quality
swear word”. Second, Aite Group recently predicted
But the risk of contagion inherent in of the action being performed with it.
that global revenue for investment Right-in-time would facilitate the
CCP interoperability has been exercising operations outsourcing will surge from
the regulators, who recently called a use of process management technology
USD2.8 billion in 2009 to USD4.5 billion in these more sophisticated areas,
temporary halt to LCH.Clearnet’s plan for in 2013. At least some of this growth will
interoperability with EMCF, as CCP for allowing you to define your processes
be driven by demand for newer middle first and then determine the steps to take
BATS and Chi-x in Europe. office services such as investment analytics, around the data to make it valuable and
The prime risk factor of interoperability OTC and corporate action processing, actionable for the recipient. It will lead
is the way the risk management dynamics collateral management and reconciliation. to not only more accurate data but full
shift, according to Ryan. For a stand-alone I believe the value of real-time transparency as to the value-added tasks
CCP, it is a very “do-able” exercise to look reporting in these new, sophisticated provided by the middle office.
at the extent of the CCP’s operations, middle offices can now be questioned. As Data processed this way can then
capital base and risk management the core mission of the middle office is to be used to better manage middle office
practices. With multiple, interconnected identify, report and resolve operational activity, while, in an outsourced situation,
CCPs that exercise becomes massively irregularities, it will likely require new providing an asset manager with another
more complex, due to risk-related and different methodologies as it grows in
importance. valuable oversight function. n
interdependence and the process of Thorsten Heissel is senior vice president,
While real-time is certainly appropriate
distangling trades if a major broker fails. strategy and marketing, institutional asset
for simple data activities such as
“There are issues relating to risk aggregation or position reporting, will it be management at SunGard
management that are unresolved at the
moment. What, for example, if you choose
as effective for more sophisticated activities
such as investment analytics? Investment
Studies... and a diary date
a CCP and it chooses to interoperate with analytics involves multi-factor modeling Technology announcements abounded
a second CCP that you have deliberately for risk assessment across geographies, in the new year, including from Sterling
excluded from your choice of CCP? That is sectors, investment styles and economies. Commerce, which found that 72%
an exposure that you will have not factored When evaluating results from such of 300 senior IT managers in France,
into your risk equation,” Ryan comments. complex data activities, you don’t want to Germany and the UK,plan to invest in
If a chain is only as great as its weakest link, wonder if the underlying data is correct or a cloud-based B2B integration strategy.
there are some thorny regulatory problems not. You want to be sure that the data has Buy-side firms should keep a diary
to be resolved here. been reconciled and that the appropriate date for Europe’s biggest buyside event,
At the moment, the lack of exception detection procedures - or other TSAM 2010, in London: 10 streams,
interoperability among CCPs places real quality measures - have been executed. You 450+ attendees, 40 providers and 60+
limits on the fulfilment of best execution. n need assurance that all exceptions have
speakers.n
22
Consultancy/Legal
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Accuity Market House 124 Middleessex Street Bishopsgate London E1 7HY UK T: +44 20 7014 3454
Advent Software 1 Bedford Avenue, London, WC1B 3AU, UK T: 0207 631 9240
Bravura Solutions Austin Friars House 2-6 Austin Friars London EC2N 2HD, UK T: 020 7997 3000
Broadridge Financial Solutions, Inc., with over $2.1 billion in revenues in
fiscal year 2009 and more than 40 years of experience, is a leading global
provider of technology-based solutions to the financial services industry.
Our systems and services include investor communication, securities
processing, and clearing and outsourcing solutions. We offer advanced, For more information about
integrated systems and services that are dependable, scalable and cost- Broadridge, please visit www.
efficient. Our systems help reduce the need for clients to make significant broadridge.com.
capital investments in operations infrastructure, thereby allowing them
to increase their focus on core business activities.Proxy Edge - our
comprehensive solution for institutional global proxy voting management.
Gloss - our leading international STP system which automates the trade
processing lifecycle from trade capture through confirmation, clearing
agency reporting and settlement. Tarot - a UK retail and private client
stockbroking, custody and fund management solution. Securities Data
Management - outsourced data services for securities operations.
Calypso Technology 17 Dominion Street, London, EC2M 2EF, UK T: 020 7826 2500
DST International DST House, St Mark’s Hill, Surbiton, Surrey, KT6 4QD T: +44 (0)20 8390 5000
Eagle Investment Systems LLC is a global provider of financial
services technology serving the world’s leading financial institutions. Eagle Investment Systems LLC
Eagle provides enterprise-wide, leading-edge technology and The Bank of New York Mellon
professional services for data management, investment accounting Financial Centre
and performance measurement. Eagle’s Web-based solutions 160 Queen Victoria Street,
support the complex requirements of firms of any size including London
institutional investment managers, mutual funds, hedge funds, UNITED KINGDOM
brokers, public funds, plan sponsors and insurance companies. EC4V 4LA
Eagle’s product suite is offered as an installed application or can be Phone Number: 44 (0)20 7163
hosted via Eagle ACCESSSM, Eagle’s ASP offering. Eagle Investment 5700
Systems LLC is a subsidiary of The Bank of New York Mellon E-mail: [email protected]
Corporation. To learn more about Eagle’s solutions, contact sales@ Website: http://www.eagleinvsys.
eagleinvsys.com or visit www.eagleinvsys.com. com
GlobeOp 1-3 Strand, Trafalgar Square, London WC2N 5HR, UK Tel: +44 (0) 20 7190 6600
HCL Technologies The Leela GISJ/GSLeria Commercial Block No 23 6th Floor Airport Road Bangalore Karnataka 560008, IndiaT: +44 (0)20 7621 5800
Neonet Minster House, 42 Mincing Lane, London EC3R 7AE, UK Tel. +44 207 645 8610
peterevans New Broad Street House, 35 New Broad Street, London EC2M 1NH T: +44 (0) 29 20 402200
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
10
TSAM
EUROPE’S BIGGEST BUY-SIDE TECHNOLOGY AND OPERATIONS EVENT
2010
9th March 2010, The Brewery, London www.tsam.net @TSAM2010
Book online at www.tsam.net, contact [email protected] or call +44 (0) 20 7336 4600 (please quote reference 990ISA).
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INDUSTRY CUTTING
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