SEC Adopts Modernized Regulatory Framework for Derivatives Use

SEC Adopts Modernized Regulatory Framework for Derivatives Use

On Wednesday, the Securities and Exchange Commission (SEC) approved 3 to 2, the 458 page derivative use rules aimed at enhancing the regulatory framework for derivatives in the U.S. The Investment Company Act limits the ability of registered funds and business development companies to engage in transactions that involve potential future payment obligations, including obligations under derivatives such as forwards, futures, swaps and written options. The new rules, which apply to mutual funds, exchange-traded funds (ETFs), close-end funds, as well as business development companies, will permit funds to enter into these transactions if they comply with certain conditions outlined below, which are designed to increase investor protection.

Liquidity Landscape – Hong Kong

Liquidity Landscape – Hong Kong

Although liquidity risk management practices vary in different jurisdictions, in most cases, asset managers are required to monitor the liquidity of the fund on a frequent basis. Whilst many aspects of the regulations are broadly similar, differences can be seen from what is considered “liquid”, and around methodology to liquidity buckets, stress testing and reporting requirements. In Europe for example, neither UCITS nor AIFMD specify a specific methodology for calculating liquidity. This is in contrast to the US SEC Liquidity Risk Management Framework requirements which set out a specific methodology to be followed, although that methodology is not without its shortcomings.

Funds-Axis Regulatory Round-up April 2020

Regulatory Round-up: April 2020

With over 100 developments tracked in the last month on ATLAS Funds Training, unsurprisingly COVID-19 continues to dominate the headlines. This month’s briefing covers the latest developments impacting asset managers, including: PRIIPs back in the spotlight with the EU divided over further reforms, Liquidity risk management, The renewal of short selling bans despite growing scepticism, The French AMF issuing fines, unhappy with the quality of AIFM reporting systems and considering proposals to reduce major shareholding thresholds, and The SEC’s proposed new framework for valuation practices.