Compliance
UK Regulator Lauded For Scolding Asset Managers

The asset and wealth management industry has become used to regular broadsides from regulatory authorities for practices ranging to how fees are set to conflicts of interest. Recent problems in the UK have caused concern.
Last week’s “Dear Chief Executive” letter from the Financial
Conduct Authority to asset management firms about the
potential threats the sector poses is a necessary wake-up call to
an industry hit by a number of problems, the firm said.
The FCA said that general standards of governance don’t match its
expectations; funds offered to UK retail investors do not issue
good value and often do not identify or spell out conflicts of
interest.
“The FCA’s Dear CEO this week might have come ‘out of the blue’
for many firms, but the concerns and priorities expressed would
not have surprised many asset managers, particularly those
involved in the Market Study and the Value Assessment,” Andrew
Glessing, head of regulation at Alpha FMC, said. “The FCA
is increasingly open about the fact it considers that governance
and conflicts management need to improve to achieve the value it
seeks for investors.”
The recent liquidation of a flagship fund run by UK investment
manager Neil
Woodford, and temporary closures of some
property funds amid heavy withdrawals, have highlighted
problems in parts of the UK asset management sector. Although the
industry has been squeezed by low-fee exchange traded funds and
new technologies, the FCA comments suggest that there is still
excess fat. The warning also shows that while the wealth industry
has had to digest a raft of rules such as new data protection
regulations and the MiFID II regime to improve transparency
and investor protection, there is still plenty left to do. The
watchdog has fired off such "Dear CEO" missives before, in
particular when it warned wealth managers about the suitability
of certain investments a few years ago. The regulator has
also fired
a salvo at "robo-advisors" highlighting some risks it saw in
this area.
The FCA’s letter said that open-ended funds can have a liquidity
mismatch between the terms at which investors can redeem and
timescales needed to liquidate assets; on 30 September 2019 the
regulator issued a policy statement on what happens with such
funds when assets are illiquid.
“We expect you [CEOs] to take any necessary or appropriate action
following these communications. We will continue our oversight of
UK authorised funds. Where we identify potential liquidity issues
in funds, including through our regular interaction with
depositaries, we will ensure that AFMs take prompt action to
mitigate or resolve them,” the regulator said.
“You should ensure that the boards of your regulated entities
engage in robust discussion and challenge around important
business decisions, without undue reliance on group structures.
We also expect you to recognise and take steps to mitigate harm
arising from any conflicts of interest between affiliates, most
notably between the AFM entity and any delegate investment
management entity,” it said.
In 2017 this news service interviewed the FCA about the financial services industry and some of its challenges, including its report of June that year on the asset management sector.