Asset Management
Here They Come Again: Global Regulators Turn Attention To Asset Managers

The asset management industry has not received the kind of regulatory heat suffered by banks in recent years, but a global group is now putting this sector under the spotlight.
Global regulators have had a good crack at the
banking sector in recent years, and now it is the turn of
the asset management industry, reportedly holding a total of $76
trillion in assets.
The Switzerland-headquartered Financial Stability Board, set up
last year to drive internationally co-ordinated efforts to
reduce financial risks, has set out a public consultation on how
to reduce “structural vulnerabilities” in the asset
management industry.
“The growth in market-based finance has diversified the sources
of credit and investment. Given its increased importance, a
resilient asset management sector is vital to finance strong,
sustainable and balanced growth. These policy recommendations are
designed to ensure that across the FSB membership asset managers
can continue to fulfil these roles to the benefit of all,” said
Mark Carney, chair of the FSB and governor of the Bank of
England.
Asset managers, while they do not take deposits for lending
purposes such as banks, can give rise to concerns about whether
their underlying investments are out of line with the liquidity
requirements of clients. For example, if a fund holds real
estate, a typically illiquid asset class, this can pose problems
if investors expect same-day access to their money. Issues can
also arise when funds employ leverage to boost returns, as with
closed-end listed investment trusts. In the early noughties, for
example, a number of UK “split-cap” investment trusts suffered
massive falls in value caused by cross-holdings and high gearing.
Funds that lend out shares to stock lenders can also encounter
problems if stock is not returned in stressed market conditions.
Regulators in a number of jurisdictions have already imposed new
rules on alternative investment sectors such as hedge funds. In
the European Union, for example, the Alternative Investment Fund
Managers Directive imposes fresh disclosure and
depository requirements on firms. Critics have argued that
the AIFMD was a hammer to crack a relatively insignificant nut,
given that the sector was not a major cause of the financial
crisis in the first place.
The FSB’s work to understand and address potential financial
stability risks from structural vulnerabilities associated with
asset management was launched in March.
It focuses its attention on the problem of “liquidity mismatch”
on open-ended funds (public and private, including
exchange-traded funds but excluding money market funds). It will
concentrate ideas on leverage on all types of funds, whether
they use borrowing or derivatives.
Recommendations for operational risk focus on asset managers that
are large, complex, and/or provide critical services; those
for securities lending activities focus on asset managers’ agent
lender activities (i.e. lending of securities of which an entity
is not the beneficial owner), in particular their provision of
indemnities to clients, the FSB said in a statement
yesterday.
The FSB intends to finalise the policy recommendations by the end
of 2016.