{"id":17306,"date":"2011-03-10T22:31:00","date_gmt":"2011-03-10T21:31:00","guid":{"rendered":"http:\/\/beta.next-finance.net\/reglementation\/regulations-and-investment-funds\/"},"modified":"2011-03-10T22:31:00","modified_gmt":"2011-03-10T21:31:00","slug":"regulations-and-investment-funds","status":"publish","type":"post","link":"http:\/\/beta.next-finance.net\/en\/reglementation\/regulations-and-investment-funds\/","title":{"rendered":"Regulations and investment funds"},"content":{"rendered":"<p class=\"post_excerpt\">New European legal framework, offshore passports in issue, Benoit de<br \/>\nla Chapelle-Bizot, Financial Counselor, Head of the French<br \/>\nGovernment\u2019s Economic and Finance Department, and France\u2019s<br \/>\nPermanent Representative to the European Union, presents an update on recent regulatory developments relating to investment funds<\/p>\n<p><!--more--><br \/>\nTo provide a global overview of the progress achieved by different initiatives across Europe and to debate on the steps ahead, SGSS recently held a seminar on European financial services infrastructure.  The challenge of presenting an update on recent regulatory<br \/>\ndevelopments was taken up by Benoit de la Chapelle-Bizot<\/p>\n<p><strong>Framework complete, but\u2026<\/strong><\/p>\n<p>He confirmed to the audience that the new European legal framework<br \/>\nfor Alternative Investment Funds (AIFs) is complete. But he added that<br \/>\n25 of the 27 current EU member states are against the granting of a<br \/>\npassport to authorise offshore fund managers to trade their funds<br \/>\nwithin the EU, unless several conditions are met. One, there must be<br \/>\nan appropriate co-operation agreement between the authorities of<br \/>\nany individual member state and the relevant offshore location. Two,<br \/>\nappropriate anti-money-laundering measures must be in place. Three,<br \/>\nthe fund manager\u2019s country of location must comply with OECD tax<br \/>\nstandards.<\/p>\n<p><strong>2015: offshore passports in issue<\/strong><\/p>\n<p>Subject to these conditions being met, and subject to assessment by<br \/>\nESMA, passports will begin being granted to offshore funds in 2015.<br \/>\nMeanwhile, he added that the AIFMD is presenting a separate<br \/>\nchallenge: &#8220;that of drafting 100 measures of execution&#8221;. Further<br \/>\nnegotiations are needed with member states, ESMA and the industry<br \/>\nitself, he said. &#8220;There are a lot of loopholes and a number of<br \/>\ndifficulties. Some compromise and ambiguity lies ahead.&#8221;<\/p>\n<p>A consensus complicating the picture is the lack of empowerment of<br \/>\nEuropean authorities. &#8220;For EMIR we\u2019ll have exactly the same<br \/>\ndifficulties,&#8221; he said. &#8220;And what will be the emergency powers of<br \/>\nESMA? Moreover, it is really difficult to negotiate a European regime<br \/>\nwithout knowing all the possible consequences of the Dodd-Frank<br \/>\nact. The AIFMD was mapped out without a full awareness of the<br \/>\nimpact of Dodd-Frank. There will be a strong political debate around<br \/>\nthese issues. We need to have a decision and we hope the industry<br \/>\nwill help to defend European interests.&#8221;<\/p>\n<p>The evolution of asset managers and their industry was a focus of<br \/>\nattention in the wide-ranging round table discussion that followed<br \/>\nBenoit de la Chapelle-Bizot\u2019s address. Nicolas Gonzalez, Head of<br \/>\nProduct Development at SGSS, suggested that the extent of any<br \/>\nevolution would depend upon how asset managers leverage the new<br \/>\nopportunities that will open up for them under UCITS IV, especially in<br \/>\nrelation to distribution. &#8220;Master-feeder structures are the new<br \/>\ndistribution tool and their adoption should accelerate existing trends,&#8221;<br \/>\nhe observed. He added that a good deal of work needs to be done<br \/>\nto provide support in the middle office and in fund administration.<br \/>\n&#8220;There will be a need to invest in these functions and when establishing relationships with third-party providers we will need to be<br \/>\ncertain that those providers can accompany us on the new<br \/>\ndistribution journey.&#8221;<\/p>\n<p>Returning to the theme of the AIFMD, Alain Pithon, Deputy Managing<br \/>\nDirector of the French Asset Management Association, added that it<br \/>\nis too early to say how fund managers will react to the eventual new<br \/>\nregime. Several questions face fund managers, he said. &#8220;This is a<br \/>\nquestion about strategy rather than about organisation. We need to<br \/>\nestablish what we want to do. What tools are available to asset<br \/>\nmanagers? How do we address the new competition for offshore<br \/>\nfunds? After many years of unending discussion competition is beginning aggressively.&#8221;<\/p>\n<p>Against this backdrop, optimism is higher in Luxembourg about its<br \/>\nprospects in the new landscape than 12-18 months ago, asserted Pascal Berichel, Head of Fund Distribution Services at SGSS. \u201cA year ago<br \/>\npeople were expecting a huge UCITS IV earthquake, but we don\u2019t now expect widespread mergers between funds, and Luxembourg will probably increase its 30% market share.\u201d The governance of infrastructure remains a key question, he added. If the planned new Luxembourg CSD initiative is successful in replacing transfer agencies,<br \/>\nthere is a risk that as a monopoly it could charge<\/p>\n","protected":false},"excerpt":{"rendered":"<p>New European legal framework, offshore passports in issue, Benoit de la Chapelle-Bizot, Financial Counselor, Head of the French Government\u2019s Economic and Finance Department, and France\u2019s Permanent Representative to the European Union, presents an update on recent regulatory developments relating to investment funds<\/p>\n","protected":false},"author":20,"featured_media":17304,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1508],"tags":[1655,1841,1986,1437,1837,1669,1984,1917],"_links":{"self":[{"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/posts\/17306"}],"collection":[{"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/users\/20"}],"replies":[{"embeddable":true,"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/comments?post=17306"}],"version-history":[{"count":0,"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/posts\/17306\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/media\/17304"}],"wp:attachment":[{"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/media?parent=17306"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/categories?post=17306"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/beta.next-finance.net\/en\/wp-json\/wp\/v2\/tags?post=17306"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}