Asset Management

Financial Stability Board Issues Asset Management-Related Policy Recommendations

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On June 22, 2016, the Financial Stability Board (FSB) published for public consultation Proposed Policy Recommendations to Address Structural Vulnerabilities from Asset Management Activities. The document sets out 14 proposed policy recommendations to address the following structural vulnerabilities from asset management activities that could potentially present financial stability risks:

  1. Liquidity mismatch between fund investments and redemption terms and conditions for fund units;
  2. Leverage within investment funds;
  3. Operational risk and challenges in transferring investment mandates in stressed conditions; and
  4. Securities lending activities of asset managers and funds.

The key recommendations for liquidity mismatch and leverage focus on both public and private funds.

The FSB reported that it “intends to finali[z]e the policy recommendations by the end of 2016, some of which will be operationalized by the International Organization of Securities Commissions (IOSCO).”

Rating Agency Developments

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On January 15, DBRS released its methodology for rating asset management companies.  DBRS Report.

On January 13, Fitch released its criteria for rating dealer floorplan ABS.  Fitch Report.

On January 13, Fitch released its criteria for rating global money market funds.  Fitch Report.

Note: Free registration is required for rating agency releases and reports.

Speech on FCA Priorities Relating to Asset Management, MiFID II and EMIR

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On September 12, the FCA published a speech by Martin Wheatley, FCA Chief Executive, on the FCA’s plans for 2014, which focus on issues relating to asset management, MiFID II and EMIR (the Regulation on OTC derivatives, central counterparties and trade repositories) (Regulation 648/2012).  Speech.

’40 Act Threshold Adjustment for Qualified Clients

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On February 15, the SEC adopted amendments to the rule under the Investment Company Act of 1940 that permits investment advisers to charge performance based compensation to “qualified clients”. The amendments (i) revise for inflation the dollar amount thresholds that are used to determine whether an individual or company is a qualified client and (ii) exclude the value of a person’s primary residence and certain associated debt from the net worth calculation. The amendments will be effective 90 days after publication in the Federal Register. Final Rule.

Asset Management Fund Sues Banks For $500 Million

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On February 1, 2012, Asset Management Fund filed a summons with notice against JPMorgan Chase, EMC Mortgage, Bear Stearns, Washington Mutual, Credit Suisse, Bank of America Securities, and related entities, in New York state court seeking $515.5 million in damages. AMF alleges that the RMBS offering materials issued by the banks contained material misrepresentations and omissions regarding the underwriting standards used to issue the loans and key statistical characteristics of the mortgage loans underlying the securities. The notice includes claims for common-law fraud, fraudulent inducement, negligent misrepresentation, aiding and abetting fraud, declaratory judgment, breach of contract, rescission, and restitution. Summons.