Showing posts with label SEC. Show all posts
Showing posts with label SEC. Show all posts

Tuesday, April 17, 2012

Systemic Risk, Shadow Banking and Governance

by Don Alexander, MBA

Associate, RSD Solutions Inc.

www.RSDsolutions.com

info@RSDsolutions.com

 

The costs from the recent financial crisis in terms of asset write-downs by financial institutions, wealth destruction and the lost output and job creation have refocused regulators attention on the role of hedge funds in the management of systemic risk.

 

Andrew Patton, Tarun Ramadorai and Michael Streatfield note in a recent VOXEU communique (9th April) Are Voluntary Hedge Fund Disclosures Reliable? Discuss some of these issues. In the wake of the financial crisis, the Securities and Exchange Commission (SEC) proposed a rule requiring US-based hedge funds to provide regular reports on their performance, trading positions, and significant counterparties.  

 

Currently, hedge funds are part of the unregulated shadow banking system that perform financial intermediation (estimated at 50% of total intermediation process) and account for a significant portion of trading volume (over 50%) in different asset classes.  Before the policy is implemented, Patton et al argue that such a move will benefit both regulators and investors.

 

Recent policy debates on the pros and cons of imposing stricter reporting requirements on hedge funds have raised various arguments. The benefits of disclosures include market regulators having a better view on systemic risks in financial markets, a better understanding of asset price dislocations, and investors and regulators being able to better determine the true, risk-adjusted performance of funds. Costs include the administrative burden of preparing such reports, and the risk of leakage of valuable proprietary information on trading strategies that may be derived from portfolio holdings.  

 

The authors’ analysis suggests that mandatory, audited disclosures by hedge funds, such as those proposed by the SEC last year and due to be implemented in 2012 would be beneficial to regulators.  They also suggest considering whether these reporting guidelines could also apply to disclosures to prospective and current investors.  Currently they only apply to the funds' disclosures to regulators...  They conclude that such information would help hedge fund and other investors make more informed investment decisions.

 

The IMF estimated that global financial institutions wrote down over $2 trillion in the value of assets on their balance sheet from the financial crisis from 2007 to 2010.  If you add the loss of potential economic output and job creation the cost of the crisis makes it very expensive.  The implementation of governance in the management of systemic risk is much less costly than the alternative.

 

For more on this follow the link: www.voxeu.org/index.php?q=node/7858

 

Friday, April 1, 2011

Flash: New Mandatory Compliance Requirement By SEC And FSA Effective Today

by Stephen McPhie, CA

Partner RSD Solutions Inc.

www.rsdsolutions.com

info@rsdsolutions.com

 

 

The SEC in the U.S. and the UK Financial Services Authority today jointly issued an urgent advisory containing a new risk related compliance requirement that is effective immediately.

 

Essentially, for public and major private companies this involves an internal peer review of risk awareness by and of key personnel. This includes the five most senior executives and, rather incredibly, the five most junior staff in a company.  As there is no elaboration, we assume this even extends to the cleaners.  Apologies to cleaners, who are, by some measures, the most important people in a company, but in relation to risk compliance, have little involvement.  (Actually, perhaps they have!) The review involves completing a questionnaire surrounding risk awareness and is to provide an assessment by the five most junior staff, regarding the personal responsibilities of the risk capabilities and awareness of the five most senior company staff. Therefore, for example, the janitor is required to complete a questionnaire about the personal sanitary habits of the CEO.

 

We are not sure what the intended benefit is of such an exercise but it could be an attempt to gauge how well a risk culture has been instilled throughout an organisation.  Results are then to be posted on the company web sites.

 

OSFI, the Canadian financial institutions regulator, plans to implement the procedures at an indeterminate future date once they have a better understanding of the meaning of “risk awareness”.

 

Questionnaires must be submitted this morning, which is April 1st.