Professional Documents
Culture Documents
First Word
Brian Lenihan
Annus horribilus
Eoin Ryan MEP
Twenty 20 Vision
Gary Palmer, IFIA
Alternative lifestyles
- the risk landscape
Post
Apocalypse
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Global Funds Ireland ISJ Investor Services Journal
First
word Brian Lenihan,
Finance Minister
”
An acknowledged open and transparent tax regime, Ireland opportunities that arise.
We can...
Twenty 20
vision
On the 20th anniversary UCITS, Gary Palmer,
chief executive of the IFIA looks at the
achievements and the way to maintain them.
“
When the investment funds industry was being over the world to re-assess its operations and priorities. During
established in Ireland 20 years ago, the concept was this re-assessment some of the key issues being highlighted
to develop an industry that would partner the grow- include: supervision and regulation; safety and custody; liquid-
ing international model of multi country distribu- ity; transparency for investors and independent valuation. As
tion from one manufacturing/servicing centre of excellence. such, consideration of the prevailing regulatory environment is
Ireland provides this through an industry built on the pillars of the most important factor in choosing an international juris-
openness, transparency and investor protection. These pillars, diction for the domiciling of an investment fund. Within the
now the virtues and qualities sought by the global industry, debate on fund regulation at both EU and international fora
provide Ireland with the potential to be the most significant the participation of the Irish Financial Regulator is regarded
manufacturing/servicing centre of excellence for the global as one of the most informed and the regulatory environment
industry. With significant achievement over the last 20 years in Ireland is seen as leading international best practise. Ireland
the regulatory environment in Ireland enjoys a considerable has been chosen as a domicile for investment funds by many
reputation for determining and leading international best international companies because of its reputation for strong
practise. An acknowledged open and transparent tax regime, regulation.
that it continues to
industry includes in excess of 12,500 experienced professionals
who through the provision of expertise and thought leader-
deliver efficiencies”
With in excess of 10,000 funds (including sub-funds) and
a net asset value of EUR1,400 billion being serviced by the
international investment funds industry in Ireland, it is one of
the most significant international investment fund jurisdic- As the industry looks forward, solutions are being sought
tions in the global investment funds industry. While Ireland to align the demand for transparency, regulation and open-
has not only laid justifiable claim as the domicile of choice, ness with the desire for flexibility and speed to market. Given
but in the administration of investment funds the industry’s that the environment in Ireland has always been focused on,
credentials are well established and Ireland is often referenced openness transparency and investor protection together with
as the world’s leading administration centre. This reputation, the market need for flexibility and efficiency, the industry in
which is evidenced by the scale of activity, has been maintained Ireland has been continuously addressing these often seen as
by the development of best practice and thought leadership. conflicting requirements. Given that the original concept on
Recent events in financial markets have questioned the which the industry was established is more important than
operating model of many sectors of financial services and the ever, Ireland must ensure that it continues to provide solutions
”
investment funds industry has clearly not been immune from and deliver efficiencies as the partner of choice to
such challenges. These events have required the industry all the international industry.
Raymond O’Neill
t: +353 1 475 0530
e: raymond.oneill@kinetic-partners.com
John Hamrock
t: +353 1 475 0540
e: john.hamrock@kinetic-partners.com
Killian Buckley
t: +353 1 475 0534
www.kinetic-partners.com
e: killian.buckley@kinetic-partners.com LONDON ■ DUBLIN ■ G R A N D CAYMAN ■ NEW YORK ■ GENEVA
Annus horribilis
The past year has been one of unprecedented, unexpected proportional, effective and evidence-based. In recent weeks
and radical changes in financial services. While an annus this balanced and pragmatic approach has been reflected in
horribilis for many in the European financial system, I be- the European Commission proposal brought forward on
lieve that those financial actors that emerge from this turmoil hedge funds, private equity and other alternative fund manag-
will do so stronger and more robust than previously. ers.
We have heard time and again that the funds in- The European Commission has been clear in stating
dustry was not responsible for the crisis, and that the crisis that it does not want to drive the funds industry out of Eu-
originated not in Ireland or Europe but across the Atlantic. rope or to create burdens out of proportion to risks. Howev-
Though true, this is largely immaterial. What started as sub- er, there has been a global consensus - as witnessed at the G20
prime crisis in the US quickly spread across the globe and meeting this year - that EU and global leaders should engage
has impacted on all financial actors. Financial markets and more in a regulatory manner on this issue.
financial institutions are so closely linked that all must face In my time as a politician and policy-maker I have
the implications of the crisis and address the challenges of the seen that the best results come from cooperation and coordi-
future. nation. In acknowledgement of this the European Commis-
The assets under management by the global funds sion proposal on funds adopts a “carrot and stick” approach,
industry reached nearly EUR2 trillion in recent years. While creating the opportunity of a European passport as well as
perhaps a small amount in relation to the balance sheets of setting down common and specific rules for managers that
the conventional banking sector, it is clear that the funds will apply across the EU.
industry is an important actor in today’s financial world and Earlier in the year the European Parliament ap-
can impact significantly on financial markets and actors. proved a revision of the UCITS Directive aimed at cutting
The Future of
Fund Administration We can...
Details are our business – so you can focus on growing yours
www.apexfundservices.com
Apex Fund Services (Ireland) Limited is regulated by the Financial Regulator. ©2009
Alternative lifestyles
As liquidity, risk and transparency form the
holy trinity for institutional investors’ due
diligence, the alternative fund industry
in Ireland, as globally, has had to adapt with
haste. GFI examines the new risk landscape.
The international pressures on the hedge funds will generally have 60-90
alternative fund sector in the latest days notice that the investors need to
chapter of the financial crisis are par- provide to get their money back.”
ticularly prominent in Ireland. As both He anticipates outflows
a home of innumerable hedge funds through July 2009 as a result of re-
and the base for around a third of the demption requests in the last few
world’s hedge fund asset servicing, the months. The time delay to retrieve
alternatives money that once flowed funds says much about the original
through the IFSC as strongly as the motive for the outflows. Liquidity has
Liffey River has been draining of late. climbed the agenda for the majority of
Funds of hedge funds, in portfolio managers, and the viability of
particular, have seen redemptions locking money in the relatively illiquid
funds is that at BNP Paribas. He points out that the investor to the liquidity of the funds in
process of retracting money that may which they invest. It’s a challenge for
will be short
flows from funds of hedge funds, they High net worth clients have
need to get their investment from single been the main area to remove their
money in such a way. Though institu-
lived”
hedge funds. When everything became
volatile at the end of 2008 the funds of tional investors such as pension funds
will also have liquidity and risk on their
minds, they are more likely to remain in
alternative investment funds to comply
with their investment mandate.
The demand for a freer move-
ment of money, along with the wider
requirement for transparency, has
further bolstered UCITS, the interna-
tional fund brand that Ireland has been
a leader in promoting and accom-
modating. Another strength of the
country has been in the half-way house,
of sorts, between alternatives and the
Pete Townsend more mainstream UCITS – hedge fund
BNP Paribas replications. Hedge funds’ march into
10
the UCITS world to bolster assets under through the worst. “The view of a few ing from funds, the volatility in the
management has been a prominent of the hedge funds that I’ve spoken with Euro-USD foreign exchange rates
development in 2009. Townsend says is that the market rally may be short [many funds of hedge funds are
the manager’s strategy is key to their lived and they may look to the economy Euro-denominated but invest in USD
success to cross the fund Rubicon. to see the signs,” he says. underlying instruments] along with
“It’s a little easier for the He adds that some manag- the market volatility as a whole created
Global Macro managers to do this,” he ers will be successful regardless of the a huge challenge and many managers
says. “Instruments such as exchange- economic circumstances – some global may be looking to consolidate their
traded derivatives, for example, are macro funds, he gives as an example, service providers. So instead of having
acceptable within UCITS, as long as the returned 14-15% last year, “and are still different service providers for liquidity,
underlying mix of instruments within taking in money”. custody and administration, they bring
the derivatives contracts creates a diver- The track record is vital for the it all together.”
sified portfolio.” fund provider too. Townsend stresses Dublin’s recent strength in
Despite the chance of greater that it is the more diversified service alternative asset management and
volatility with listed derivatives, it is providers that will come out of this servicing closely links it with fund
the kind of volatility that hedge fund downturn “leaner and meaner” than centres such as Cayman and Bermuda.
managers like, he adds. The power is before, maintaining service levels to all These islands were under consider-
with the investor, too, which adds to domiciled managers able scrutiny in March following the
the concessions made by hedge funds. “Our business in Dublin is a London meeting of the G20, part of the
Townsend cites examples of institu- good microcosm of the BNP Paribas so-called “shadow banking system” that
tional investors approaching Cayman Securities Services business as a whole. includes opaque and structured prod-
domiciled hedge fund managers with We administer 50% long only and 50% ucts and credit rating agencies. It resur-
an ultimatum: “They say: ‘I will provide hedge funds. We have some large insti- rected the debate around ‘light-touch’
X million, but only if you launch it as tutional cash funds and we see those regulation, and the effect on a domi-
an Irish or Luxembourg UCITS rather funds as the perfect bell weather of the cile’s revenue if more stringent regula-
than offshore’.” Further, a hedge fund market: when you see money flowing tory oversight – such as the increase
manager may have to get used to pro- out of alternative strategy they flow into witnessed in the UK – is introduced.
ducing longer investment objectives in the cash funds. So we think we have a Townsend says that light touch
line with UCITS. good idea as to how things are going domiciles will be there for as long as
He adds that alternative assets simply by the inflows and outflows the investors are willing to accept them.
aren’t just a group of securities class – from these funds.” “Although these domiciles will have to
they also represent a type of investment He adds that service providers respond to the statements made by the
manager. You may have a long only that can give a daily NAV are very well G20 and the European Commission’s
absolute returns strategy that’s been in situated as the UCITS model continues calls for more regulation, I believe they
a UCITS structure for years, he argues, its ascendancy. A custodian should be will respond, but it really does come
viewed as long- only. Similarly, a long- able to provide a manager with fact down to the investor.”
only Cayman-domiciled fund could sheets that they could send to their For the future, Townsend says
be managed as a hedge fund. “What’s investor base on the original books and it is difficult to predict if Ireland will see
more important is manager selection. records of the funds. This compares significant alternative asset growth. The
The better performing managers will favourably with hedge fund managers great amount of convergence between
get the majority of the allocations - as systems, which generally wouldn’t be alternative and traditional partly obfus-
opposed to the investor just looking to general ledger-based systems. “A lot of cates any statistical forecast. But UCITS,
have ‘exposure to alternative funds’ and the managers have their own risk sys- he argues, is a significant strong point
taking the recommendation of their tems but we can provide the transpar- for the country, and as with managers
consultant.” ent view and performance data that’s and service providers, a country’s repu-
But the hedge fund industry, driven by the books and records of the tation is perhaps itsthe most valuable
in its classic form, is not entirely cowed fund.” asset. “It’s not just that we’re putting
by redemptions, de-leveraging and close Such services are therefore our flag up now as a domicile with
regulatory scrutiny. Though the US increasingly outsourced to the major great flexibility; we’ve been doing it for
pension and endowment funds overall asset servicers in the city. But Townsend 20 years and have built up a strong core
have been more staunch in their al- sees another trend, largely driven by the of people working in the fund services
location to hedge funds, there are signs need to cut servicing fees: the consoli- business. So - while it’s difficult to draw
that the institutional investors’ retreat dation of the service providers. the line between the two different fund
from hedges in Europe have slowed. “In October there was a types – we are best placed to continue
Townsend believes the sector may be perfect storm. Investors were redeem- to service the different products.”
11
Philosophy of
consultations
John Donohoe, CEO of Carne Global, explains
the changing funds market in Ireland from
the perspective of a leading consultancy firm
to Ben Roberts .
Carne is an independent consultancy they had to raise money.”
established by investment professionals A decline in market per-
to provide tailored solutions and ad- formance for hedge funds should be
visory services to asset managers, fund viewed in context, however – some
directors and their service providers. traditional long-only managers have
In addition to its bases in Dublin, struggled along with their alterna-
London, Switzerland and Luxembourg, tive counterparts. But in terms of the
“Exchange
2009 saw the opening of offices in investor perception of hedge funds and
Cayman and Dubai. Jon Donohoe, funds of funds, Donohoe says it is note-
traded
CEO, says that this breadth of offices, worthy to distinguish between Europe
combined with its close relationships and the US.
The US has a longer history in this
derivatives
with the managers, gives the firm a
“good view of the market”, as well as an area of alternative4 allocation, with
insight as to what the leading managers more endowments and foundations
are acceptable are thinking.
The firm aims to be at the cutting
that have a greater loyalty to hedge
funds and their model, he explains. In
within UCITS” edge of product development, including
fund structures and investment policies
this way they might be more reluctant
to redeem money.
across multiple fund domiciles ( such Europe, by contrast, is a more recent
as CCF, pooling, multi-manager funds, entrant to alternative funds, and s more
hedge funds, and UCITS III) as well institutional based. This includes a
as current market issues surrounding greater proportion of high net worth
the investor appetite for risk, liquidity, clients.
transparency and portfolio balance. Other differences are also prominent
Donohoe has witnessed the money in today’s market. “European investors
flowing from funds of hedge funds and don’t particularly want a huge amount
other, less liquid vehicles. This is partly of leverage. Investors want liquidity,
a reaction to performance, he says, par- and to make sure [the strategy] matches
ticularly if absolute returns had been with their expectations and require-
promised. Other institutional investors, ments.”
he adds, might not have understood the However, there are signs that liquid-
strategy that the manager employed, ity is becoming a prominent issue for
and might have evacuated funds of US funds. CalPERS, for example, the
funds before gates were imposed. influential USD167 billion Sacramento-
“To an extent you’re trying to pre- based retirement scheme, considered a
empt a bad situation, which sometimes re-evaluation of its asset allocation – in-
led to the next investor putting in re- cluding the portion going into alterna-
demptions,” he says. “Some funds with tives – along the lines of liquidity.
a six-month notice period, although Part of the liquidity challenge for
they didn’t want to redeem, thought institutional investors stems from the
that there was an opportunity that hedge funds themselves. Donohoe says
wouldn’t come round for another six that the width of a hedge fund’s asset
months. Others just needed liquidity, or allocation – from private equity to
12
GSL |
Global
Securities
Lending
LIQUIDITY
RISK
REGULATION
Sponsors
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Global Funds Ireland ISJ Investor Services Journal
commodities - can create problems of products with the UCITS tag. The want more regulated products. I think
assessing liquidity levels and valuation. resulting product, he said, is sufficiently investor demand has changed but I
He says this is less of an issue if a small structured so that it would count not think that European politicians have
amount of the fund is in the very illiq- be classified as part of the hedge fund become more hard-lined in wanting
uid securities, but the added complexity allocation on the books of pension more regulation. The proposed Euro-
brought about by the mix of liquid and schemes. pean Directive on Alternative Invest-
illiquid instruments is a challenge for “If a fund manager is looking to put a ment Fund Managers says if you’re a
the investor, who in turbulent market product into a UCITS fund, one of the European manager, you’re going to have
may prioritise the ability to move in key criteria is it has to provide at least to be regulated and your products are
and out of a position. twice monthly dealing. Managers have going to have to hit certain minimum
“The pricing of the fund comes out to be aware it is liquid. standards in terms of structure which
of the liquidity; if something is liquid “Part of the UCITS ‘revolution’ is will make them more akin to regu-
and is traded quite a bit its easy to get a people should see it as a risk manage- lated professional funds. That’s where
price,” he says. “Investors want most of ment vehicle – it is designed to ensure European regulation want to drive it,
their money in something they can get people have liquidity, that there is risk principally down to the response to the
out of; it’s not that they are not will- management in place. If you look at all economic circumstances.
ing to take risk, but perhaps less than the restriction in UCTS and take the The proposed directive in its current
before.” exposure to companies that are related. form will therefore result in a number
For many, exchange traded funds – When you added up how the exposure of challnges to existing hedge funds, he
passive vehicles that track indices or comes – derivatives, paper, bonds – the adds. “For instance, one requirements
sectors and trade on exchanges like maximum exposure to group counter- would be that the funds must have a
shares - has satisfied the demand for parties is 20%.” custodian – if that comes in it will be a
liquidity. Dublin has been a key recipi- significant change.
ent in the growth in the European ETF
industry, which reached EUR91.228 “Part of the “Most hedge funds utilise multiple
brokers – it will be a challenge to find
billion in assets under management at
the end of 2008, according to data from UCITS revolution the right operational models. So there
are a lot of challenges for the directive
Lyxor Asset Management.
“Investors are attracted to ETFs as is that people in its current form.”
For the future, Donohoe returns to
they can be bought and sold from a
broker and the underlying assets are should see it as the ETF boom and hedge funds en-
trants into UCITS as areas of significant
liquid,” explains Donohoe. This is not
always the case, however, and he identi- a risk manage- potential – as well as the competitive
tax treaties what I’ve seen over the
fies corporate bond ETFs as an exam-
ple: “The bid offer spread on corporate
bonds widened worldwide, so naturally
ment vehicle” last six months is because of some tax
treaties. “Dublin has more ETF s than
almost any location – we’re seeing quite
the sprtead on the corporate bond ETF a lot fo the larger banks setting up ETFs
widened as well.” as well.
Importantly, Donohoe stresses that Carne works in this way with many “It’s still relatively new as an industry
investment in hedge funds and ETFs is of the key players in asset management, – in reality less than a decade old. But
not an ‘either/or’ scenario for investors. such as Credit Suisse and BGI, and adds there are a lot of banks have ETFs in the
The choice to invest in ETFs is often a very important extra service. Once pipeline that will be coming out over
made following a comparison of net a fund is set up, he says, Carne will the next few months. So thee will be a
return with a traditional, actively man- provide independent directorship. This, lot more ETF managers promoting the
aged fund. like third party administration and ac- industry with more investor interest.
“A lot of the money [into ETFs] is a counting, is climbing investors’ agenda Dublin is winning most of that busi-
reallocation of institutional money out – here there is an independent element, ness because trying to track the indices
of the traditional long- only manage- there is a greater perception of comfort is more important in an ETF, so every
ment into those products. There are and security. He adds that Carne has basis point counts.
also more private wealth managers been approached by US hedge funds “A lot of fund managers use Dublin
setting up ETF-like products, so there is seeking this independence. for their base for
more money being allocated from this Donohoe ponders carefully the ques- administrators, there are obviously a lot
sector.” tion as to whether light touch regula- of ties between Ireland and UK manag-
Carne plays a key consultancy role tion is a good or bad thing for the Irish ers. So we’re seeing Ireland is winning a
for hedge funds that seek to launch market. “European investors usually lot of business.”
14
Back to school
The need for a reappraisal of the DaTe
methods and presentation of Thursday,
Securities Lending has become 10th September 2009
obvious in the past months. The
latest GSL Summit in our quarterly
LocaTion
series will debate at the legal
Four Seasons Hotel,
documentation, technology and best
practice the industry needs to adopt
canary Wharf, London
to move forward.
GSL invites readers to an 1:30 Pm
informative afternoon to discuss Registration/coffee
this topic along with wider issues of
transparency, risk and returns at this 5:00 Pm
important time. Drinks Reception
Jon Hewson
jon.hewson@2i.tv
Tel: +44 (0) 20 7299 7700
28
GFIGSL
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