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Legal & Regulation

Bernard Madoff

Second interim distribution to Madoff claims holders totals USD2.5bn

Mon, 24/09/2012 - 06:29

Irving H Picard, SIPA trustee for the liquidation of Bernard L Madoff Investment Securities, has announced that cheques for the second pro rata interim distribution of recovered monies from the BLMIS Customer Fund to eligible customers were mailed on 19 September. »

Bill Stone, chairman and chief executive officer, SS&C Technologies

Ares Management completes Form PF filing using SS&C GlobeOp’s Form PF solution

Fri, 21/09/2012 - 10:14

Ares Management, a multi-billion dollar asset manager, has completed its initial filing of Form PF in line with the August deadline, using SS&C GlobeOp’s Form PF reporting solution. »

Fraud

SEC charges Oregon-based hedge fund manager over USD37m Ponzi scheme

Fri, 21/09/2012 - 06:45

The Securities and Exchange Commission has filed fraud charges against a Portland, Oregon-based investment adviser who perpetrated a long-running Ponzi scheme that raised over USD37 million from more than 100 investors in the Pacific Northwest and across the country. »

Matthäus Den Otter, chief executive, SFA

SFA welcomes partial revision of CISA by Swiss parliament

Wed, 19/09/2012 - 12:21

The Swiss Funds Association says the solution reached by the Swiss parliament over the partial revision of the Federal Act on Collective Investment Schemes (CISA) is a balanced compromise between investor protection, market access and competitiveness. »

Paperwork

Fund managers regard AIFMD as business threat, says Deloitte survey

Fri, 14/09/2012 - 06:16

Nearly three-quarters (72 per cent) of fund managers view the Alternative Investment Fund Managers Directive as a business threat, according to a survey carried out by Deloitte. »

Jigsaw pieces

AIFMD will be a catalyst for the convergence of long-only and hedge funds, says Multifonds survey

Tue, 11/09/2012 - 06:28

More than two thirds (69 per cent) of the fund administration industry, with combined assets under administration exceeding USD16trn, believes AIFMD will accelerate the convergence of long-only and hedge funds. »

Guernsey’s chief minister, deputy Peter Harwood

Guernsey signs TIEAs with Italy and Latvia

Mon, 10/09/2012 - 10:02

Guernsey has signed Tax Information Exchange Agreements (TIEAs) with Italy and Latvia. »

Letter and pen

Cayman Court lays down more guidelines for enforceability of side letters

Mon, 03/09/2012 - 06:25

By Jeremy Walton, Partner and Jayson Wood, Counsel, Appleby Global – After being a hot topic in the Cayman Islands for a number of years, the Grand Court has handed down two decisions in quick succession relating to side letters entered into by Cayman Islands corporate hedge funds. »

Camille Thommes, director general, ALFI

Luxembourg submits draft law to parliament to transpose AIFMD

Thu, 30/08/2012 - 16:03

The Luxembourg Finance Ministry has submitted a draft bill transposing the European Alternative Investment Fund Managers Directive to the Luxembourg Parliament. »

Ponzi scheme

Convicted Ponzi scheme operator Jeffrey L Mowen to pay over USD18m in SEC action

Wed, 29/08/2012 - 06:22

The US District Court for the District of Utah has entered a final judgment against Jeffrey L Mowen, ordering him to disgorge USD8,041,779 in ill-gotten gains and USD1,964,203.67 in prejudgment interest. »

Barred

CFTC seeks to revoke registration of Growth Capital Management

Tue, 28/08/2012 - 06:00

The US Commodity Futures Trading Commission (CFTC) has filed a notice of intent to revoke the registration of Growth Capital Management LLC (GCM) of Rockwall, Texas. »

Barred sign

FSA to ban the promotion of UCIS and similar products to ordinary retail investors

Thu, 23/08/2012 - 06:44

The Financial Services Authority (FSA) has published proposals to ban the promotion of Unregulated Collective Investment Schemes (UCIS) and similar products to the vast majority of retail investors in the UK. »

Approved stamp

NFA approves rule to enhance customer segregated funds protection regime

Mon, 20/08/2012 - 06:28

The board of directors of the National Futures Association (NFA) has approved amendments to NFA financial requirements that will require each futures commission merchant to provide its Designated Self-Regulatory Organization (DSRO) with view-only access via the internet to account information for each of the FCM's customer segregated funds account(s) maintained and held at a bank or trust company. »

Peter J. Kalis, K&L Gates chairman and global managing partner

K&L Gates and Australia’s Middletons eye combination

Fri, 17/08/2012 - 16:11

Global law firm K&L Gates and Australian national law firm Middletons are in discussions regarding a possible combination. »

James Tinworth, partner, hedge funds practice, Stephenson Harwood

Spot the [ball] AIFM

Mon, 13/08/2012 - 15:56

By James Tinworth (pictured), partner in the hedge funds practice at Stephenson Harwood – As the name suggests, the EU’s directive on alternative investment fund managers (AIFMD) applies to “AIFMs”, namely “legal persons” whose regular business is “managing” one or more “AIFs” (essentially, funds that are not UCITS). »

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. »

features
Article
Preqin Special Report: Hedge Fund Manager Outlook – Augst 2015

In this excerpt from Preqin Special Report: Hedge Fund Manager Outlook, we take a closer look at the level of competition in the industry today and use our latest survey results to reveal fund manager predictions for asset growth for the rest of 2015. ... »

Article
survey

The Preqin Special Report: Private Debt Fund Manager Outlook features exclusive survey results drawn from over 100 private debt fund managers worldwide. This extract discusses what fund managers have highlighted as the biggest issues facing the industry and their views on regulation. ... »

Special report
Cybersecurty for Hedge Funds

Cybersecurity for Hedge Funds

Thu, 30/07/2015 - 11:00

Cybersecurity is no longer simply an IT issue, it is now a business issue. This is the conclusion of the experts and fund managers around the world whose opinions were polled for this landmark Hedgeweek Special Report, which outlines Best Practices for Cybersecurity in a fast-changing environment where managers need to keep several steps ahead of cyber criminals... »

Article
EU Flag

Hedge fund manager outlook on the AIFMD

Wed, 22/07/2015 - 19:52

The introduction of the Alternative Investment Fund Managers Directive (AIFMD) into European law in 2013 was part of a series of moves towards greater regulatory oversight of the hedge fund industry in recent years. In our survey, we asked hedge fund managers for their views on the effect of these new regulations on the industry as well as their expectations about the impact of the AIFMD on their firm over the next 12 months, the results of which are analyzed in this extract from the Preqin Special Report: AIFMD in the Hedge Fund Industry – 2015 Update. ... »

Article
Ken MacCuish, Intralinks

A couple of years ago, the title Chief Information Security Officer, or CISO for short, was a foreign concept within the hedge fund community. The winds have changed, however, as hedge funds become increasingly targeted by cyber hackers, causing many to hire a CISO to uphold the network integrity of the firm.  ... »

Article
Sovereign Wealth Funds

Sovereign wealth funds, though small in number and secretive in nature, wield considerable influence as investors as a result of their sizeable assets under management. This extract is taken from Preqin’s latest report which features exclusive content from the 2015 Preqin Sovereign Wealth Fund Review.  ... »

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