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Legal & Regulation

Gavel and scales

Cayman Islands court decides on effectiveness of side letters

Tue, 07/08/2012 - 10:02

The Cayman Islands court has delivered judgment in a high-value dispute concerning the effectiveness of investor side letters and whether restructuring agreements limited an investor’s redemption rights under the fund’s articles. »

Stephanie Miller, global head of alternative investment services for JP Morgan WSS

JP Morgan adds Form PF capabilities to alternatives product suite

Tue, 07/08/2012 - 09:50

JP Morgan Worldwide Securities Services has added reporting capabilities for Form PF, the Securities and Exchange Commission’s new regulatory filing for registered investment advisers, to its suite of services. »

Survey

Fund managers believe AIFMD will lead to less competitive market

Tue, 31/07/2012 - 10:15

Fund managers believe the European Commission’s Alternative Investment Fund Managers Directive will lead to fewer non-EU fund managers operating in Europe resulting in a less competitive market, according to research from Deloitte. »

Steven Maijoor, ESMA chair

ESMA publishes review of accounting treatment of Greek sovereign debt

Fri, 27/07/2012 - 12:14

The European Securities and Markets Authority has published a review of Greek government bonds accounting practices in the IFRS financial statements for the year ended 31 December 2011. »

Chris Church, chief executive and global head of securities at Swift

DTCC and Swift to provide CTFC Interim Compliant Identifier

Wed, 25/07/2012 - 12:10

The Depository Trust & Clearing Corporation and Swift have been named by the Commodity Futures Trading Commission to provide the CFTC Interim Compliant Identifier (CICI) for legal entities involved in OTC derivatives trading. »

Singapore Stock Exchange

SGX enhances default management framework of derivatives market

Tue, 24/07/2012 - 06:21

Singapore Exchange is enhancing the rules to strengthen its default management framework to protect its derivatives market against systemically destabilising events, which include the possibility of multiple member defaults.  »

Carol Goodwin, director, Investec Bank (Channel Islands) Limited

Best behaviour – corporate governance in a new world

Fri, 20/07/2012 - 09:10

Guernsey’s much discussed corporate governance code came into effect at the beginning of the year. Carol Goodwin (pictured) highlights its key principles, asserting that good corporate governance is about board behaviour and not always about the rules. »

Gavel

Firm to pay USD127.5m to settle charges

Fri, 20/07/2012 - 06:01

The Securities and Exchange Commission has charged the US investment banking subsidiary of Japan-based Mizuho Financial Group and three former employees with misleading investors in a collateralised debt obligation by using “dummy assets” to inflate the deal’s credit ratings. »

Short selling

Short selling brothers agree to pay USD14.5m to settle SEC charges

Thu, 19/07/2012 - 12:07

Two options traders who the Securities and Exchange Commission charged earlier this year with short selling violations have agreed to pay more than USD14.5m to settle the case against them. »

Locked money

Futures industry SRO committee proposals to strengthen safeguards for segregated funds

Wed, 18/07/2012 - 14:11

A special committee composed of representatives from the futures industry's self-regulatory organisations (SRO) has proposed additional requirements to SRO rules and regulatory practices designed to strengthen safeguards for customer segregated and secured funds held at the firm. »

Regulation books

Investment management industry facing regulatory avalanche of disparate rules, says KPMG

Wed, 18/07/2012 - 14:06

In its fourth annual analysis of global financial regulations, KPMG says investment managers continue to face daunting challenges brought on by a changing global regulatory environment, which is fraught with unanswered questions and an array of differing rules in each region. »

Report and magnifying glass

NFA to review FCM audit practices relating to customer segregated funds

Tue, 17/07/2012 - 14:22

Following last week’s emergency enforcement action against Peregrine Financial Group, National Futures Association has requested an internal review of its audit practices and procedures. »

Ponzi scheme

California court fines Gordon Driver and Axcess USD41m for commodity pool Ponzi scheme

Tue, 17/07/2012 - 12:20

The US District Court for the Central District of California has entered a final judgment and permanent injunction order against defendants Gordon A. Driver of Las Vegas, Axcess Automation and Axcess Fund Management, both Nevada companies owned and controlled by Driver, in connection with a commodity pool Ponzi scheme in which the defendants defrauded over 100 participants in the US and Canada of over USD14m.  »

Regulation

ASIC makes new rules on suspicious activity reporting and short sale tagging

Tue, 17/07/2012 - 06:08

The Australian Securities and Investments Commission has made new market integrity rules for suspicious activity reporting and short sale tagging requirements which will apply for the Australian Securities Exchange (ASX) and Chi-X markets. »

Report and magnifying glass

Edhec-Risk Institute proposes new method for assessing hedge fund performance

Mon, 16/07/2012 - 06:11

In a report produced as part of the Newedge research chair on Advanced Modelling for Alternative Investments, Edhec-Risk Institute has evaluated the performance of hedge funds through a non-linear risk adjustment of returns. »

AIMA chief executive Andrew Baker

AIMA supports removal of ban on general solicitation and advertising by US hedge fund managers

Fri, 13/07/2012 - 16:11

The Alternative Investment Management Association has expressed support for the elimination of the ban on general solicitation and advertising by hedge fund managers in the US, but has said that only accredited investors should continue to be allowed to invest in hedge funds. »

Question marks

OTC derivative market reforms raise challenging questions for sovereign institutions

Thu, 12/07/2012 - 12:14

Fundamental reforms of over-the-counter (OTC) derivatives markets around the world are having a profound impact on how derivatives are used, raising particularly challenging questions for sovereign institutions, according to a BNY Mellon report. »

Gil Mandelzis, chief executive of EBS

EBS publishes new dealing rules

Wed, 11/07/2012 - 16:14

EBS, ICAP’s market leading electronic FX platform, has published new dealing rules for its customers and is relaunching the EBS brand. »

Russell Wasendorf Sr

CFTC files complaint against Peregrine Financial Group

Wed, 11/07/2012 - 09:38

The US Commodity Futures Trading Commission (CFTC) has filed a complaint against Peregrine Financial Group Inc (PFG), a registered futures commission merchant, and its owner, Russell R Wasendorf, Sr (pictured).  »

Christopher Anderson, corporate partner, Carey Olsen

KPMG and Carey Olsen act on insurance-linked LSE main market listing

Wed, 11/07/2012 - 06:37

KPMG and Carey Olsen have advised Dexion Capital (Guernsey) on the launch of DCG IRIS, a new Guernsey-domiciled, closed-ended investment fund. »

Approved stamp

SEC approves rules and interpretations on key terms for regulating derivatives

Wed, 11/07/2012 - 06:20

The Securities and Exchange Commission has taken another step toward regulating the over-the-counter derivatives market by unanimously approving rules and interpretations for key definitions of certain derivative products. »

Fraud

Mihailovich, Sr. and Growth Capital Management to pay USD9.3m in anti-fraud action

Tue, 10/07/2012 - 16:06

The US Commodity Futures Trading Commission has obtained an order of permanent injunction against defendants Robert Mihailovich, Sr. of Rockwall, Texas, and Growth Capital Management requiring them to pay over USD9.3m for fraudulently soliciting over USD30m from customers to trade commodity futures contracts and foreign currency.  »

Andrew Baker, AIMA chief executive

AIMA publishes paper on social and economic value of hedge fund industry

Tue, 10/07/2012 - 12:12

The Alternative Investment Management Association has published a German-language educational paper about the social and economic value provided by the hedge fund industry. »

Steven Maijoor, ESMA chair

ESMA publishes MiFID guidelines to enhance investor protection

Fri, 06/07/2012 - 16:04

The European Securities and Markets Authority has published two final sets of guidelines aimed at enhancing the protection of investors in the EU.  »

Jersey Flag

Jersey

Fri, 06/07/2012 - 13:03

By Ashley Le Feuvre, Senior Manager Funds/SPV Group, Volaw Trust & Corporate Services Limited – Jersey is an international finance centre for a range of financial services including fund administration. Businesses are attracted to Jersey by the Island’s stable government, its proximity to both the UK and continental Europe, the significant expertise developed by the industry in a wide range of financial services and a competitive, co-operative and well-regulated tax environment. Jersey is a parliamentary democracy that is a dependency of the British Crown. It is a British Island, but is not part of the United Kingdom, nor is it a colony. »

Peter Cockhill, Ogier

Cayman Court upholds restructuring arrangements and delineation of legal and beneficial interests

Thu, 05/07/2012 - 16:02

The Grand Court of the Cayman Islands last week handed down judgment in the closely followed case of Medley Opportunity Fund Ltd v Fintan Master Fund Ltd and Nautical Nominees Limited, says Peter Cockhill and Rachael Reynolds of Ogier. »

Frozen assets

SEC freezes assets of missing Georgia-based investment adviser

Thu, 05/07/2012 - 06:00

The Securities and Exchange Commission has obtained a court order to freeze the assets of a Georgia-based investment adviser who has apparently gone into hiding after orchestrating a USD40m investment fraud. »

Fraud

SEC charges Peter Madoff with fraud and false statements to regulators

Mon, 02/07/2012 - 15:58

The Securities and Exchange Commission has charged Peter Madoff, the brother of Bernie Madoff, with committing fraud, making false statements to regulators, and falsifying books and records in order to create the false appearance of a functioning compliance programme over Madoff’s fraudulent investment advisory operations. »

Approved stamp

CFTC approves guidance on cross-border application of Dodd-Frank swaps provisions

Mon, 02/07/2012 - 14:03

The Commodity Futures Trading Commission has approved for public comment proposed interpretive guidance regarding the cross-border application of the swaps provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Commission’s regulations. »

Report with magnifying glass

ESMA proposes remuneration guidelines for alternative investment fund managers

Mon, 02/07/2012 - 11:23

The European Securities and Markets Authority has published a consultation paper on proposed guidelines on remuneration of alternative investment fund managers.  »

features
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Hedgeweek Special Report: The Bahamas – How it continues to evolve its funds industry

The Bahamas is taking steps to raise its profile as an attractive funds centre, continuing to build out the popular SMART Fund model template to provide a range of solutions for investment managers, plus its new ICON structure designed to appeal specifically to Brazilian investment managers and advisers.... »

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Target

In an extract from the 2015 Preqin Investor Outlook: Alternative Assets H1 2015, results of a survey conducted in Q4 2014 reveal which strategies and regions will be targeted by private equity investors this year. ... »

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State Street Global Markets – Fund Connect

This Special Report unveils the ways in which State Street Global Markets' Fund Connect ETF platform is bringing new levels of efficiency to the the ETF marketplace, and includes expert comment from the perspective of an AP.... »

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fees

Nearly double the proportion of investors view fees as a key issue in the hedge fund industry compared to last year, while performance remains the biggest concern. Investor survey results published in the Preqin Investor Outlook: Alternative Assets H1 2015 reveal the key issues facing investors in the coming year. ... »

Article

Work patterns in the alternative investments space have seen a significant shift over the years —from working in the office on a computer, to collaborating remotely via mobile applications and bring your own devices (BYOD). To remain competitive, an enormous amount of data must be shared on-the-go to facilitate investment decisions, but with minimal IT oversight, this trend towards mobile could open the door for increased risk of information leakage. ... »

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