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2009 15 - EMEA
Change ahead
The complete front office
solution, whatever way
you look at it
Fidessa LatentZero is an international technology firm that
specialises in developing complete, full asset class, front-office
solutions for the global buy-side community. Our products are used
by over 180 buy-side companies, including nine of the world’s
largest ten global asset management organisations, through to
smaller specialist investment managers and hedge funds.
To get a clear view today of how front Europe: +44 (0) 20 7462 4200
office solutions from Fidessa LatentZero North America: +1 617 235 1000
can benefit your business: Hong Kong: +852 2500 9500
or visit: www.latentzero.com
Editors Letter
Looking forward
Disaster has stalked the financial markets this year, but on the whole the
hedge fund sector has survived and evolved
Over the past 10 years, funds have become the we are sticking our heads in the sand and ignor-
centre of the investment world. Some even say ing the systemic problems in the hedge fund in-
that Hermes, the god of commerce, was named dustry, but we see change as a positive factor. On
after a well known independent fund manger. page 38, Mark Mannion of PNC Global Global
However the gods have not smiled upon the Investment Servicing talks about surviving dur-
hedge fund industry in 2008. According to early ing this period, and Alan Flanagan, BNY Mel-
estimates from hedge fund industry consult- lon continues this positive theme of change by
ing firm Hennessee Group, the average fund discussing the positive aspects of ‘convergence’,
lost 18.0% last year. After Bernie Madoff put particular between the hedge fund and private
the biggest bang in the 2009 fireworks, many of equity arena. Peter John of Fidessa LatentZero
his investors may be quick to point out that not perhaps sums up our ideology for 2009 most
only is Hermes is the god of commerce, but also succinctly by stating that: “There is every reason
the god of thieves and liars. to be optimistic about the future”.
1
Foreword
new structures, like UCITS III firms will need to address other
funds, is leading to a cross- issues as well in order to ensure
migration between the retail and their competitive advantage,
institutional funds space, as well including governance,
as between traditional and hedge compliance, and outsourcing
fund strategies, which can throw challenges. We expect that the
up new challenges for service accurate and timely pricing of
providers. assets will also continue to be
At Carne we have been seeing high on the agenda for those
an unprecedented build-out in funds we advise, and for their
the capabilities of the leading investing clients. We have seen
fund service providers in the last year as they more of our clients becoming interested in the
move to meet these demands. There are now recommendations of the Hedge Fund Working
only a limited number of service providers that Group, and expect more of them to sign up in
can call themselves a one stop shop, and which the future.
can compete at the required levels of price and Administrators will now, more than ever, be
scale in this market. But at the top end of the asked to play a key role in ensuring portfolios are
industry, consolidation has seen the creation accurately valued, and that NAVs are delivered
of a handful of large, globally-oriented players on a timely and regular basis. This is becoming
with the budget to provide the sophisticated increasingly difficult in an environment where
services big money managers are asking for. At investors are more ready to resort to redemptions
the same time, the smaller provider which can and legal action.
cater to start-ups, smaller managers or niche There continues to be speculation about
products, still has a role to play. whether the current financial circumstances
The growth of the asset management will prompt further consolidation within the
industry also translates into an increasing level industry. Certainly, we may see more hedge
of international awareness for service providers, funds and prime brokers being acquired by
manifesting itself in the use of cheaper markets larger banks, or mergers between existing
for labour-intensive back office activities, and asset managers. But for the service providers
the recognition that money managers outside themselves a different world will emerge in the
developed markets also now require their next three to six months.
2
06:00 07:00 12:00 13:00 19:00
CHICAGO CURACAO DUBLIN LUXEMBOURG SINGAPORE
GUERNSEY AMSTERDAM MALTA
4
Contents
1 - Editor’s Letter Butler discusses media convergence of private Stats
2 - 4 Forewords treatment of hedge equity and hedge funds 54 - Hedge fund
funds performance
Features 30 - 32 Peter Ask the Experts
8 - 10 Fortis’ Charlie Stapleton of Dillon 43 - Stephane Leroy : Company profiles
Woolnough explores Eustace adresses legal QuantHouse 55 - Aquin
counterparty risk protection for hedge 44 - Eric Marcombes: 56 - Fidessa
12 - 14 Peter John of funds Cogitam Latentzero
Fidessa Latentzero 34 - 35 Shariah hedge 45 - Katya Azzopardi: 57 - BIBA
talks about using OTC funds explained by GVTH 58 - Hassans
Investor Services Journal | Hedge Fund Services Market Guide 2009
Supplement editor: Design: David Copsey (Mohammed@2ipartners.com) F: +44 (0) 20 7636 6044
Joe Corcos (david@2ipartnes.com) Tarik Rekiouak W: www.ISJtv.com
(Joseph@2ipartners.com) (Tarik@2ipartners.com)
Group editor: Associate publisher: Operations manager: © 2008 Investor Intelligence.
Giles Turner Justin Lawson Sue Whittle All rights reserved.
(Giles@2ipartners.com) (Justin@2ipartners.com) (Sue@2ipartners.com) No part of this publication may
Deputy editor: be reproduced, in whole or in
Ben Roberts Publishing manager: CEO: Mark Latham part, without prior written
(Ben@2ipartners.com), Monique Labuschagne (Mark@2ipartners.com) permission from the publishers.
Reporters: (Monique@2ipartners.com) Thanks to Juliette, Sophie
Catherine Kemp Account managers: Investor Intelligence Calypso and Electra.
(Catherine@2ipartners.com) Craig McCartney 16-17 Little Portland Street ISSN 1744-151X.
(Craig@2ipartners.com) London W1W 8BP Printed in the UK
Mohammed Malik T: +44 (0) 20 7299 7700 by Pensord Press.
6
Prime Fund Solutions
At Prime Fund Solutions, the part of Fortis Merchant Banking dedicated to servicing
strong and lasting relationships within the global investment industry. Focusing on the
future needs and opportunities in any type of investment funds, ranging from traditional
through hedge funds to funds of hedge funds, we deliver cutting-edge services and
bridge and leverage finance, we are ready to face your challenges with you.
London (+44) 203 296 8682 - Dublin (+353) 1607 1860 - Luxembourg (+352) 42 42 81 07
New York (+1) 212 340 55 43 - Hong Kong (+852) 2823 0598
www.merchantbanking.fortis.com
Fortis
or is unwilling, to pay for an interim audit and assets when a fund is not currently employing
chooses instead to wait until the fund’s year end. leverage or taking substantial short positions
Obviously if the change is being dictated due to may now be seen as unjustifiable.
the fact a service provider is in a distressed situ- That said, by limiting a prime broker’s ability
ation, then the rules of the game may be reason- to rehypothecate assets, you are in essence limit-
ably expected to differ somewhat. ing their ability to generate revenue. Therefore,
Whilst the failure of administrators and au- it is safe to assume that margins would increase
ditors in an operating sense is relatively rare, elsewhere to compensate.
given recent market events the same can not This whole discussion has also served to
now be said for prime brokers. As such, it is no heighten the scrutiny on the ultimate custodian
coincidence that this area of the industry is now of a fund’s assets. In a clear trend of a flight to
attracting most attention from the Chief Oper- stability, many managers have been moving se-
ating Officers of hedge funds. curities and cash balances to those large bank-
The dynamics of the primer broker relation- ing groups which they deem to be more robust
ship are very different from those which a hedge in the current climate than broker dealers who
fund manager will have with his administrator are required to finance themselves in the cash
and auditor partner in that the latter do not markets to varying degrees. As such, one can en-
typically provide any form of financing or safe visage a growing trend whereby fund managers
keeping of assets. As such, the day to day finan- have counterparties for execution purposes and
cial health of a manager’s prime broker is of the counter parties for the safe keeping assets where
utmost importance at all times. the latter does not provide any form of financ-
The role of the prime broker has changed ing and, therefore, any form of credit risk.
over recent years insomuch as very few funds
now have only one prime broker. Whilst this Minimising Counterparty Risk
trend was perhaps initially driven by a desire So, what steps can a hedge fund manager take to
on behalf of managers to create greater com- minimise his counterparty risk?
petition between their counterparties and thus With regard to fund administration, a man-
improve services and reduce costs, there is no ager should choose a provider who has experi-
doubt that recently the trend has been expedit- ence of the strategy they are running, who has
ed by the need to diversify counterparty risk. the necessary brand and pedigree to satisfy
With this need to diversify prime broker their target investor base and who has the capi-
concentration has also come closer scrutiny on tal structure and resources to ensure that they
the role and practices of prime brokers in gen- can continue to meet their requirements as they
eral. Hedge fund managers are now paying in- grow. Some managers also choose to add an ad-
creasing attention to the ultimate custodian of ditional fund admisntrator as they grow. How-
their assets, which is not necessarily the prime ever, the merits of this option are not always
broker, and the degree to which their assets are quite so clear cut as it can lead to the require-
segregated and/or rehypothecated. Standard ment for more operational staff within the fund
prime brokerage agreements would generally manager’s business to monitor the relationships.
allow the broker to appropriate their clients’ as- Additionally by using two providers a manager
sets for their own benefit instead of requiring may not enjoy the same level of service that
clients to post cash collateral in order to access perhaps they did previously by being part of an
such services as securities lending, leverage and exclusive partnership. As such, it is really for the
FX. Whilst this would appear to be a sensible manager to decide if they happy with the service
compromise, it is the extent to which assets level and stability of their current counterparty
are being rehypotecated which is now of major before they decide to add a second provider. If
concern. Carte blanche rights to rehypothecate the answer is yes then it may not be necessary.
9
Fortis
With regard to primer brokers, the situation need to undertake intelligent due diligence on
is somewhat different and the merits of having all counterparties to their business in which they
two prime brokers are now abundantly clear. place any form of reliance that can not easily be
However, simply adding more and more prime retracted or transferred elsewhere at short no-
brokers in an effort to diversify risk even further tice. Indeed, it is no longer enough for the due
where the fund size or strategy does not justify diligence exercise to be a static process. The due
it may actually do more harm than good. This is diligence process needs to be continuous and
to say that if the relationships are not mutually can no longer be confined solely to quantitative
beneficial a manager may find that they are no metrics regarding a service provider’s financial
longer a highly valued client and, in turn, access health, if indeed such financial information is
to their broker’s balance sheet and hard-to-find readily available. As has been demonstrated
shorts for example can suddenly dry up. The recently, seemingly stable financial institutions
natural outcome would be that performance of can disappear over night. Therefore, greater em-
Enter the vendor been a large scale swap taking place within
But there is a growing trend between these two the financial services world. As institutional
extremes to look at vendor solutions, such as investors have adopted more diverse asset
those supplied by Fidessa LatentZero. Hedge classes and the occasional high risk/ high
funds are no longer flying underneath the radar reward strategies more commonly associated
when undertaking activist strategies, which with hedge funds, so too are hedge funds
means they need to have the right technology increasingly using the trading technology
in place in order to meet both regulator and from their more traditional counterparts.
investor requirements, and to succeed in today’s This exchange of respective intelligence has
increasingly complex trading world. considerably enhanced the capabilities of
One of the key factors for hedge funds is technology on offer. As institutional investors
that the provision of the more sophisticated take on board more sophisticated strategies
systems is no longer the sole preserve of sell- and instruments borrowed from hedge funds,
side suppliers. And, for an industry sector for then the software that can support them
whom secrecy is essential and a fundamental has become more sophisticated, flexible and
operating principle, the idea of exposing scalable – and more interesting to hedge funds
trading activities through a tied execution in return. Derivatives have gone mainstream,
system from one broker has, understandably, and technology is now available from Fidessa
been an anathema. LatentZero to trade OTC instruments
effectively.
The holy grail of powerful, real-time
P&L and pricing analysis, validation, and Hurdles and hedging
reporting has remained elusive However, the holy grail of powerful, real-time P&L
and pricing analysis, validation and reporting has
remained elusive, and with it the realisation of an
No wonder that, where broker solutions have end-to-end investment management workflow.
been used, there are usually up to four or five The primary hurdle has been the difficulties
in place. This in its own way has been a barrier associated with measuring exposure to underlying
to STP and the full automation that many instruments. However, having developed the
hedge funds have been looking for. But buy- ability to calculate both primary and underlying
side sourced front office systems like Capstone exposure of derivatives within a fully cross-asset
that offer broker neutrality combined with system, Fidessa LatentZero’s technology opens
sell-side levels of technology and sophistication up a new range of opportunities in terms of
have started to overcome this particular hurdle. modelling and portfolio management. With
The other issues that vendors have integrated data and analytics incorporated
overcome are those associated with cost into the system, a more interactive approach
and implementation. Robust ‘out-of-the- to hedging has become possible.
box’ solutions that require little, if any, Until now the standard method of changing
customisation and have a standardised exposure to a given market for anyone on
set up have reduced the time and the buy-side was to buy or sell bonds or
costs involved in deployment, keeping securities to change the duration. Portfolio
overheads low and time-to-use short. management tools generated models, and
But the really interesting developments anything that was misaligned against targets
have taken place in functionality, especially was highlighted. Portfolio managers were able
with the asset classes and strategies that to balance the portfolio against any variants,
can now be handled by these sophisticated, usually by buying or selling more securities.
broker-neutral systems. In fact, there has
13
Fidessa Latentzero
14
BIBA
Bermuda
Thriving
Bermuda enjoys a booming investment business and
a world-class (re)insurance market that is quickly
closing on the leading position for insurance domiciles
says Cheryl Packwood of the Bermuda International
Business Association
A long-standing history of cooperation be- the laws of the US state of Delaware. A com-
tween government, regulators and industry in pany spokesman said that a number of the large
Bermuda has generated progressive legislation companies already domiciled in Bermuda were
and regulation on the Island. As a result, Ber- recognised and respected by Invesco, which pre-
muda enjoys a thriving investment business sented an additional reason in the Island’s fa-
and a world-class (re)insurance market that is vour.
quickly closing on the leading position for in- He went on: “The third factor was we want-
surance domiciles says Cheryl Packwood of the ed to make sure the transaction in moving our
Bermuda International Business Association. domicile was tax neutral for our shareholders.
Most of the Fortune 100 companies have a Moving to the US would not have been a tax
Bermuda captive insurance presence. Recently neutral situation. When it came down to it, it
released figures show the capitalisation of Ber- was a very short list of places that we considered
muda’s reinsurance industry rose more than 20 and Bermuda was at the top.”
percent to reach USD129 billion by the end of Packwood cites the ongoing cooperative
the third quarter of 2007. That staggering figure support and consultation that thrives between
is greater than the 2006 gross domestic product government, the business community and regu-
of many countries, including Pakistan and New lators which ensures that appropriate yet flexi-
Zealand and oil-producing Nigeria, according ble legislation and regulation remains a priority.
to International Monetary Fund (IMF) figures. The passing of the Investment Funds Act 2006
And, in the investment industry, Bermuda in December last year by Bermuda’s House of
also enjoys a world class reputation. At the end Assembly was applauded by the business com-
of 2007, after making the decision to leave Lon- munity in Bermuda.
don, leaders of Invesco quickly arrived at the The Bermuda International Business Asso-
conclusion that Bermuda was the best place to ciation gave its full endorsement to the legisla-
redomicile. With more than USD500 billion of tion, which outlines more clearly the regulation
assets under management, the company picked of public funds and refines the framework for
the Island because of its legal and regulatory non-public, institutional funds. Packwood
environment and the similarities of those to states: “As I commented at the time the legisla-
15
BIBA
QBSUOFSTIJQTXFSFOPUDPWFSFE
muda’s success in introducing legislation that is
t SFHVMBUJPOBOEMJDFOTJOHPGGVOE
BENJOJTUSBUPST effective
tUIFJOUSPEVDUJPOPGBOFXDMBTTPGGVOET
and works.”
LOPXOBTABENJOJTUFSFEGVOET8JUIUIF Finance Minister Paula Cox, who piloted
JOUSPEVDUJPOPGMJDFOTFEBENJOJTUSBUPST
the Act through Parliament, said that it was
JUJTOPXQPTTJCMFUPSFHJTUFSGVOETVOEFSUIJT necessary for Bermuda to streamline the
DMBTTXJUIUIFMFWFMPGSFHVMBUJPOBEBQUFE incorporation process for investment funds
on the grounds that the administrator is based and eliminate unnecessary administrative
JO#FSNVEBBOETVCKFDUUPDPEFTPGDPOEVDU procedures to augment the jurisdiction’s
BOEGVOESVMFTUIBUXJMMFOTVSFUIFQSPQFS
competitive edge by bringing more clarity and
MFWFMPGHPWFSOBODFPGUIFGVOE
certainty to the authorisation process. She
tDMFBSFSEFmOJUJPOPGUIFSVMFTGPSUIF
BQQPJOUNFOUPGTFSWJDFQSPWJEFSTBOEEFMFHB explains: “There will be less time required to set
UJPOPGQPXFST up a fund as the rules are more clearly stated.
tBOFXTFDUJPOFOBCMJOHVOJUUSVTUFFTUP The Act is another example of Bermuda’s
hold property in segregated accounts continued efforts to ensure that we maintain
BOEEFmOJOHIPXUIFTFBDDPVOUTXJMMCF the right balance as a reputable international
NBOBHFE5IJTBGGPSETUSVTUFFTUIFTBNFCFO financial centre.”
FmUTBTDPNQBOJFTPQFSBUJOHXJUITFHSFHBUFE Although the passing of the Act means that
BDDPVOUT Bermuda’s fund administrators will be licensed
tSVMFTGPSQSPTQFDUVTFTPGGVOETUIBUBSFDMFBSMZ
for the first time, Minister Cox has been quick
TFUEPXOBOEEJTUJOHVJTIFEGSPNUIFHFOFSBM
to point out that it is not the case that there has
SVMFTVOEFSUIF$PNQBOJFT"DUPG
t FOIBODFEQPXFSTGPSUIF#."UPJOTQFDUGVOET been no regulation of service providers.
BOEUPSFRVJSFNPSFJOGPSNBUJPO
tNPSFDMFBSMZEFmOFESFRVJSFNFOUTBOE Hedge funds are largely unregulated,
QPXFSTGPSTIBSJOHPGJOGPSNBUJPOXJUI so listing provides a layer of comfort to
PUIFSSFHVMBUPST investors that there is an independent,
tUIFJOUSPEVDUJPOPGBSJHIUPGBQQFBMUPB
USJCVOBM
TJNJMBSUPPUIFSmOBODJBM
regulatory body monitoring the funds to
institutions. ensure proper corporate governance and
compliance
16
base in
bermuda
speed and precision
Cedar House, 20 Victoria Street, Hamilton HM12 Bermuda tel.441.292.0632 fax.441.292.1797 www.BIBA.org
BIBA
Prior to the Act, fund administrators were regu- and trust business, the BSX and the BMA in
lated entities under the Proceeds of Crime Act order to stimulate creative thinking and devise
1977 and were subject to a higher level of due new products that would appeal to global
diligence when handling subscriptions and re- investors.
demptions similar to those imposed on banks, The first product developed, ‘Launch ‘n List’,
trust companies and investment providers. leverages the fact that Bermuda has a fully elec-
While many funds register in other jurisdictions, tronic stock exchange with Designated Invest-
Bermuda is one of the leading choices for com- ment Exchange status, as well as a regulatory
panies to administer their funds, regardless of authority with a practical but effective approach
where they choose to domicile. Bermuda actu- to regulation that supports development of be-
ally administers a substantial proportion of the spoke products for the investor. As of Decem-
funds which register in Cayman, for instance. ber 2007, the BSX was designated by the Board
Investor Services Journal | Hedge Fund Services Market Guide 2009
Combined with Bermuda’s superior infrastruc- of the United Kingdom’s HM Revenue and Cus-
ture, reputation and intellectual capital, the is- toms as a “Recognised Stock Exchange”.
land is poised to effectively garner its share of The committee is chaired by Conyers Dill &
the booming global fund business. Pearman partner, Julie McLean who explained:
Another attractive feature for those choos- “Funds usually list for two main reasons. The
ing to register and list in Bermuda is a unique first is that listing insures that the shares of the
vehicle whereby funds can be simultaneously funds are considered liquid assets, which many
approved by the BMA and listed on the Bermu- institutional investors prefer since they are fre-
da Stock Exchange (BSX) in as short a time as quently prohibited, for various reasons, from
two weeks. investing in illiquid assets. Secondly, hedge
In late 2005, a New Product Development funds are largely unregulated so listing provides
Committee was established as a joint initiative a layer of comfort to investors that there is an
between the private sector, engaged in funds independent, regulatory body monitoring the
18
BIBA
strategy. “This is what we feel the BSX offers,” The Launch ‘n List product was a logical exten-
she added. sion to offer our clients a one-stop solution.”
The ‘Designated Investment Exchange’ recog- Mr. Wojciechowski also pointed out that the
nition given to the Bermuda Stock Exchange new product will not only apply to the funds in-
reflects that it is a properly managed exchange dustry but will also be important for products
with sophisticated trading platforms and not such as private equity and
just a mere listing board. In addition to the debt transactions.
effective regulation of the BSX, the exchange The ‘Launch ‘n List’ product is an example of
has the ability to be nimble and flexible in the innovative yet quality business that Bermu-
its approach to listing funds. “An example is da can provide to the discerning global investor
funds with side pocket investments,” said Julie and is the brainchild of a successful collabora-
McLean. “The BSX has never had an issue with tion between the public and private sector.
listing such shares.”
19
Aquin
Although emerging markets are traditionally nancial sector development such as; macro-
seen to be less regulated than developed mar- economic and fiscal stability, the legal and judi-
kets, economic development will inevitably cial system, proper regulation and supervision,
mean that regulatory environments change and access to credible information and competitive
develop as well. Fund managers operating in and contestable markets. Within this he also
these markets must make sure their systems are demonstrated a direct correlation between stock
flexible enough to adapt to regulators’ demands market capitalisation and shareholder rights,
or they run the risk of incurring additional costs and noted that a balanced approach to regula-
and the wrath of regulators. tion – one that is not overly restrictive but still
A recent presentation by Stijn Claessens, supports market discipline – is most beneficial.
Professor of International Finance at the Uni- For regions looking to expand their financial
versity of Amsterdam to Cass Business School services industry, this will require careful han-
highlighted a number of factors that drive fi- dling.
20
Aquin
stretching across regions could hedge against CO) in Paris this year, Martin Wheatley, CEO
economic shifts. of Hong Kong’s Securities & Futures Commis-
This has led to emerging markets - through sion (SFC) issued a call for greater consistency
growth potential and transparency - being in regulation globally, particularly as there is a
perceived as lower risk investments by some, growing trend of consolidation in the exchanges
in comparison to developed markets. However market which differences in “structures, curren-
a less rigorous regulatory framework in these cies, languages, political frameworks and culture
areas can present its own risks where potential across the region” could inhibit.
investments are not always required to be as
transparent as investors would expect. Preparation is key
Some see moving into such a market as a short The flexibility to operate in new markets, or
term affair. The funds launching only into across markets, will require funds to invest in
21
Aquin
understanding the markets they are moving fund’s needs, the fund will not necessarily have
into. That means acquiring local knowledge and the expertise to support the technology in-house
the processes to use it, acquiring technologies – and the cost for this may be prohibitive for smaller
that are flexible enough to adapt to movement ventures.
between regions or updates to the legal frame- One solution for funds that find themselves
works surrounding them. in this position is to utilise the economies of scale
For institutional investors of all sorts, re- provided by a custodian bank or infrastructure
forms in these markets will require them to provider. Aquin has provided solutions to a num-
adopt systems that can move with the reforms, ber of banks – for example Citi and BNP Paribas
generate reports for regulators where required – that are then offered via their custody services.
and ensure that a firm is aware of any limits or By utilising a custodian’s service provision a fund
restrictions that might lead them to stray into manager is able to take a full range of services
non-compliant territory. through a single point of contact reducing the
Aquin’s MIG21 system is a hugely flexible complexity of relationship management across
investment compliance solution that utilises a the enterprise.
high degree of automation to reduce the bur- Another alternative is to utilise the technol-
Investor Services Journal | Hedge Fund Services Market Guide 2009
den of work upon fund managers and their ogy offered through a service provider. Aquin and
compliance officers. Its adaptable rules engine PCE Investors, the London-based infrastructure
is designed to function in a changing regulatory platform for hedge funds announced a partner-
environment with comprehensive oversight ship this year, through which PCE will use the
for all new and existing asset classes. As such award-winning compliance solution from market
it will serve across geographies and regulatory leader Aquin as the system of choice for its infra-
regimes. It facilitates pre- and post-trade check- structure. With assets exceeding USD1.4 billion
ing of legal, contractual and internal investment across 15 hedge fund strategies, PCE is the first
guidelines in one single system thus reducing non-long only participant to acquire such a lead-
the cost and time associated with investment ing-edge, flexible compliance solution and this
process controls. Order management systems ground-breaking rules engine will significantly
can be easily integrated to extend compliance enhance the operational excellence that PCE is
into pre-trade. To help compliance officers able to offer hedge funds.
cover compliance regimes of new jurisdic- PCE Investors and Aquin can now provide
tions quicker Aquin offers its unique LawCard PCE’s clients with the full range of support from
service. LawCards are predefined rule libraries its institutional scale operating environment
that cover investment restrictions of the most whilst ensuring they are able to meet current and
important investment jurisdictions: UCITS III future needs of both regulators and retail clients
and national implementations in Europe, SEC via Aquin’s technology.
1940 Act, Hong Kong Mutual Provident Fund By using such technology through an infra-
Scheme and others. structure provider, fund managers are able to
cope with regulatory burden and the need for
Scale and support disclosure without significantly impacting their
One of the challenges to funds investing in infra- business. MIG21 provides that and, combined
structure and systems for movement into new ter- with PCE’s holistic service offering, gives fund
ritories lies with the costs and support involved. managers the benefits of scale across
Even where systems can be flexible to match a their operations.
22
Omgeo
Before I ruffle any feathers, let me state that in industry. No one knows for sure, but roughly
my opinion operations always matters. Bull or 3,000 hedge fund firms (not funds, mind you)
bear market, operations is the grease that keeps exist globally and the biggest managers oversee
the machine running. But in a bear market, billions of dollars in assets. Many of these firms
when the front office is struggling to eke out sin- have become household names in the industry
gle basis points to please investors, operations and they garner the same clout as the largest tra-
not only keeps the machine running, but it can ditional asset managers. Their trading volumes
actually help the machine to perform better. and aggressive styles make them important par-
News that hedge funds have struggled thus ticipants in markets around the globe and in as-
far in 2008 should come as no surprise to any- set classes from the most basic to the most com-
Investor Services Journal | Hedge Fund Services Market Guide 2009
one with access to a television, newspaper or plex. And the lines that separate hedge fund
computer. The media is replete with coverage managers from traditional asset managers are
of the housing collapse, subprime meltdown, blurry at best. Many traditional asset managers
credit crunch and other catchy taglines that have at least partly transitioned (either openly or
have been associated with the problems that secretly) into hedge fund managers themselves.
have plagued the global economy for the past A look near the top of Alpha Magazine’s hedge
year. So to many, the news that hedge funds fund league table reveals names like JP Morgan
are struggling comes as no surprise; everyone’s and Barclays Global Investors, once known as
struggling in this market, right? traditional asset managers, now known equally
Well, that’s not entirely right. Hedge funds known as alternative asset managers. In fact, in
are designed to make money in good times many cases you’d be hard-pressed to tell the dif-
and in bad. When compared to global equi- ferences when you look beneath the covers of
ties, hedge funds are doing quite well in 2008. traditional and alternative fund managers; op-
The -3.8% return through July 31 of the HFRX erationally they are very similar.
Global Hedge Fund Index compares favorably Competition for investor assets in the hedge
with the S&P 500 and MSCI EAFE which are fund industry is fierce. According to Hennes-
down a painful -13.7% and -15.6% see Group, nearly 70% of hedge fund assets now
respectively. come from demanding institutional investors.
But as stated above, the problem is that hedge In difficult market conditions, every basis point
funds are absolute return investments, meaning counts and managers need to be keenly aware of
that they should generate positive performance where money is made and lost and where it is
in a bull or bear market, in the latter using short being spent. Although it’s often overlooked, op-
positions and derivatives. Therefore, a more erational inefficiency may account for hundreds
appropriate performance comparison is ver- of thousands of dollars in unnecessary spending
sus cash as a benchmark (although one would on technology, data and personnel. Likewise the
hope that hedge funds would add some value, risk stemming from operations may expose the
so perhaps cash plus 1%). When measured in firm to thousands, if not millions of dollars in
this light, hedge funds, on average, are severely potential losses due to error-prone manual pro-
underperforming in 2008 and in fact have un- cesses, unknown risk exposure to entities and
derperformed for 2 of the last 3 years. counterparties and failed trades. Institutional
Now consider the dynamics of the hedge fund investors are demanding, not only in terms of
24
Omgeo
Matthew Nelson
25
Omgeo
performance but also in terms of operational the entire trade lifecycle. Phoning, emailing
soundness. They are more likely to invest their or faxing trade confirmations, re-keying trades
money with firms that can prove that they have into multiple systems, and using spreadsheets as
a strong operational infrastructure. “work arounds” to fill in technology gaps, are
For mid-sized and smaller hedge funds that common practices that should all be eliminated.
may outsource some or all of their operations to Spreadsheets are fine for modeling and analyz-
a prime broker, fund administrator or a combi- ing investments, but not for managing collateral
nation of the two, operational efficiency is still or reconciling positions; that’s a ticking time-
something that must be measured. Outsourc- bomb. Although they may be the easy, low cost
ing doesn’t mean wiping your hands clean of all solution, spreadsheets are a poor fit for these
the details surrounding operations. On the con- mission-critical functions. Versions change,
trary, fund managers need to establish strong macros break, developers change jobs; this is
service level agreements with their providers risk that the firm can do without.
and then regularly monitor them to ensure that
Investor Services Journal | Hedge Fund Services Market Guide 2009
26
Custom House
I hope that those of you who read my comments knock-on effect on almost everything else. Try
in the 2008 Hedge Fund Services Market Guide as they might, the media has not been successful
will not assume that I have tunnel vision in attempting to blame the credit crunch entirely
concerning the media and its effect on the on hedge funds, because there is absolutely no
perception of hedge funds, both by the general evidence that anyone is to blame for the credit
public and by the regulators. However, it is an crunch other than the banks and the huge losses
on-going topic that needs to be aired and the that banks have sustained has demonstrated this
last Guide was a year ago. quite clearly. Nevertheless, there has been a call
So what has happened in the intervening for regulation of hedge funds when, in the
twelve months, apart from the continued context of problems in the credit markets, those
deterioration of the credit markets and the regulations should more properly be addressed
27
Custom House
to banks. It does appear, to this outside so. Either they didn’t know what their positions
observer that it is not the lack of regulation were, or they had not assessed the risk in those
in the banking industry, which is arguably the positions or they had no idea how to value the
most regulated of all industries, that has been positions, or, most likely, all three. But certainly
the problem, but the failure of the existing it wasn’t hedge funds that caused those problems
regulations, including Basel 2 and, perhaps, and I was delighted when Charlie McCreevy,
the failure of the oversight of the regulators who is the EU Commissioner responsible for
themselves, although many senior members of this area, gave a speech in which he was highly
the regulatory community have waived warning critical of that French bank that had suffered
flags, which have apparently been ignored by substantial trading losses as a result of lack of
the banking fraternity, whose focus has been controls and no-one could doubt the validity
more driven by avarice than prudence. As we of his criticism. What interested me however
all know, banks have historically lent to people, was that he finished the speech by drawing
who did not need it, when they did not want attention to the irony of the “demonisation”, in
Investor Services Journal | Hedge Fund Services Market Guide 2009
Duke of York”. According to both the tabloid and grains as new year crops comes on line.
and broadsheet press, this was the fault of the What I hadn’t appreciated, until it was
speculator, for which read “hedge fund”. I pointed out to me, is that while base metal
would suggest that in the case of wheat it is well prices – copper, zinc, aluminum – have all risen
documented that a huge acreage of wheat was on the back of Indian and Chinese demand and
diverted to the production of ethanol largely speculators were deemed guilty of exacerbating
in response to the encouragement of the US those price movements, nobody has explained
Government. As such I suppose it is the farmers why iron ore and certain of the minor metals
who could be accused of speculation, but then also increased by approximately the same
farmers speculate the day they plant their wheat, percentage as copper and this, despite the fact
albeit they are speculating on weather and that there are no free futures markets in these
supply and demand balances rather than with metals, which would encourage the infamous
the intention of manipulating prices, which speculator to squeeze prices. So have these
is the accusation laid against hedge funds. It prices risen purely in reaction to demand?
Similarly, I understand that the price of rice has
Who can explain to me why some hedge largely followed the price of wheat and again
funds are responsible for price rising in there is no easily accessible rice futures market
copper and wheat when they obviously have that could be manipulated by the hedge funds.
nothing to do with similar behavior in the Who can explain to me why some hedge funds
are responsible for prices rising in copper and
prices of iron ore and rice?
wheat when they obviously have nothing to do
with similar behavior in the prices of iron ore
matters not that the demand for food stuffs has and rice?
grown, partially because of the increased wealth Those who read last year’s Guide may
in some of the emerging markets such as India remember my comments about a media
and China as well as the reduction in wheat panel at a conference in South East Asia. At
available for food stuffs because of ethanol and the same conference this year, a similar panel
weather patterns and of course problems in with representatives of the Financial Times,
Zimbabwe haven’t helped, but even the most Bloomberg, CNBC and the Wall Street Journal
imaginative journalist can’t blame hedge funds appeared and, to my surprise, I was encouraged
for the vicious eccentricities of a madman like by the attitude of the panelists, who suggested
Robert Mugabe. that if the hedge fund community was more
Ultimately the price of raw materials such open with the press then the press could be
as commodities is entirely dependent upon more accurate in their reporting. I can see the
supply and demand. At the risk of stating the value of this, however there are many hedge
obvious, the greater the demand the greater the fund managers who have spoken to the media,
price. If the price goes too high then demand only to be horrendously misquoted and to have
will look for substitution, or greater supplies. It their comments distorted beyond recognition.
is not that easy to turn on the tap with oil except The problem with trust is that it has to be on
for the OPEC nations, although they have both sides and this is something that AIMA has
historically been more inclined to turn the tap been trying to develop in their focus on the press
off when prices go down, as they recently did and media relationships for some years now. It
when oil started bouncing around the USD100 is definitely getting better but it has a long way
mark. With crops, supply can be turned on to go.
quite quickly, subject only to weather and no
doubt we will see a reduction in prices for wheat
29
Dillon Eustace
records. Any discrepancies arising from the credit rating threshold for themselves.
reconciliation, which cannot be satisfactorily Hedge funds need to ensure that
resolved with the prime broker are to be documentation and legal risk issues are
reported to the management of the fund addressed. Often funds will enter into trades
requesting them to take remedial action. with counterparties pursuant to a confirmation
Periodically the Irish trustee is required with a good faith agreement to put in place
to request a confirmation from the prime a master agreement at a later stage. However,
broker that it does not hold assets other than these negotiations can become bogged down
in accordance with the above noted rules. as the parties try to agree important carve-outs
and changes to standard provisions, including
valuation models, changes to cross-default,
thresholds, NAV triggers and limited recourse
Hedge funds need wording to protect related funds, service
providers or investment advisors from cross-
contamination claims under the contracts.
to ensure that Any unsigned documents outstanding with
Investor Services Journal | Hedge Fund Services Market Guide 2009
Islamic finance: the story so far ing the mitigation of risk. Shariah scholars have
The Islamic finance industry has seen phenomenal been working within such a framework in order
growth over the last decade and continues to grow to develop Shariah complied products. Are we wit-
on an international scale. It is anticipated that the nessing the rise of the Shariah compliant “hedge”
Investor Services Journal | Hedge Fund Services Market Guide 2009
34
Norton Rose
on the recent launch of the Al-Safi umbrella trust trustee on behalf of the relevant sub-trust whereby
platform. The Al-Safi platform seeks to provide an the investor will subscribe for units in the relevant
innovative, Shariah compliant structure which aims sub-trust.
to assist investors in maximising their potential
returns. Shariah guidance
In order for the trust to remain Shariah compliant,
Trust structure the investments of each sub-trust must remain in
Al-Safi is a Cayman-based multi-class trust. The accordance with the principles of Shariah. There-
trust is structured as an “umbrella” trust having fore, investments in certain industries (such as
multiple sub-trusts. Pursuant to a trust deed, the gambling and the manufacturing of armaments),
trustee will have the power to create sub-trusts and certain products (such as alcohol and pork) and
issue different classes of units with respect to each certain investment strategies (such as speculative
sub-trust. Each sub-trust may have separate invest- or interest-related strategies) are prohibited.
ment objectives and therefore invest in different sec- A Shariah board, consisting of leading Shariah
tors/geographical regions as appropriate. scholars has been appointed with a remit to oversee
This structure is no different to a conventional the business, activities and investments of the sub-
fund structure, other than the exposures being cre- trusts and to provide a Shariah oversight function.
ated and the fact that the trust will need to comply In addition, an expert Shariah advisor has been
with Shariah (e.g., no interest can be paid on any appointed to advise the Al-Safi platform and will
cash held). Investors can therefore take comfort on provide day to day monitoring of the investments
the robustness of, and market conventions relating of the trust. The Shariah advisor receives daily “ex-
to, such structures. ception reports” from the prime broker highlight-
This umbrella structure has been used to mini- ing any potential deviations from the investment
mise cross liabilities between any sub-trusts and guidelines and the Shariah advisor will suggest,
therefore assists in the mitigation of risk by pre- with final approval required from the Shariah
venting cross-contamination of liabilities across board, how such investment will be dealt with
different sub-trusts. The trust deed will not permit either by divestment or a purification procedure.
the trustee to be indemnified out of, or to have re-
course to, the assets of any sub-trust other than the Final thoughts
sub-trust to which the liability pertains. Therefore, Market demand for Shariah compliant investment
any liabilities or expenses incurred with respect to alternatives has led to the creation of funds which
a particular sub-trust are enforceable against the seek to comply with Shariah. The current econom-
assets of such sub-trust only. ic climate has also encouraged the development of
The trustee has appointed service providers to such innovative and alternative financial products
the trust to provide, inter alia, investment manage- to provide investors with new platforms for invest-
ment, prime brokerage, Shariah advisory and ad- ing in order to maximise their returns whilst
ministration services to the trust. managing risk.
An information memorandum has been is- There is an acceptance across the Islamic finance
sued in relation to the trust and a separate offer- industry that if the industry is to continue to de-
ing memorandum will be issued in relation to each velop, the more traditional boundaries of Islamic
sub-trust. Each offering document will set out pro- finance will need to be expanded. Consequently,
visions relevant to that particular sub-trust, which these developments have received the approval of a
may differ from other sub-trusts, particularly in re- number of high profile scholars which will inevita-
lation to investment objectives, redemption and li- bly open the door to further progress in this latest
quidity provisions. Also, a subscription agreement area of Islamic structured finance.
will be entered into between the investor and the
35
Hassans
(the EIF Regulations). other European jurisdictions also apply to the Gi-
The EIF regulations define Experienced Investors as braltar managers or advisors. A Gibraltar investment
investors who have a net worth of 1m aside from manager/advisor must have a physical presence and
their residential property, individual investors whose staff in Gibraltar.
normal business activity includes investment related
activity (i.e. investment professionals) or investors Depositaries
who invest a minimum of 100,000 in the fund. It is An EIF that is open ended must have a depositary.
important to note that these definitions are individual The fund may also appoint brokers to assist with
and not cumulative so it is sufficient for an investor their trading activity. Neither the depositary nor the
to invest 100,000 for it not to have to prove any of the brokers need be in Gibraltar although in the case of
other conditions. Protected Cell Companies “PCCs” there may be some
advantage to having these in Gibraltar, as there is
Promoters more certainty that a Gibraltar court will enforce the
Unlike in other jurisdictions there is no requirement statutory segregation of cell assets than a non-Gibral-
for the promoters of the fund to be licensed. It is tar court that may not be as familiar with Protected
sufficient for the fund administrator to perform the Cell Companies legislation.
normal know your client and client acceptance proce-
dures for them to be able to set-up a fund in Gibraltar. Prospectus
The reason for this is that each fund must have two An EIF must issue a prospectus that is consistent with
directors who are authorised by the Financial Services industry standards and which will allow an investor
Commission (“FSC”) to act as EIF directors. The EIF to make an informed investment. The prospectus/
directors’ role is to ensure proper governance of the private placement memorandum (PPM) must state
fund. Where the fund is a unit trust with a corporate the fees that are chargeable out of the property of the
trustee or where the fund is a limited partnership fund, the investment objectives, borrowing or invest-
with a corporate general partner, two directors or the ment restrictions, if any, and the risks associated with
trustee or general partner, as the case may be, must be such investment. The prospectus/PPM is a private
FSC authorised directors. document in all cases except if the fund is incorpo-
rated as a public limited company. As mentioned
Management above, however, there is no legal requirement to use a
Although many funds in Gibraltar do not have public limited company for a fund in Gibraltar even if
investment managers and are managed by their the fund has more than 50 investors.
boards of directors, an EIF may choose to appoint
36
Hassans
Authorisation and Regulatory Requirements stamp duty of £10 on the creation of share capital
One of the key unique selling points of the Gibraltar of a company and on any increase in share capital.
fund is the authorisation process. For an EIF it is Furthermore, there is no tax in Gibraltar on dividends
sufficient for the fund to incorporate, appoint its from quoted securities or on income from trading
service providers, produce its prospectus and hold listed securities. Indeed, a fund may find it more
a board meeting to launch itself as a fund. There beneficial not to apply for the certificate of exemption
is no regulatory pre approval necessary for launch. from the Commissioner of Income Tax in certain
Within 14 days of launch, a fund must notify the FSC cases and to rely on the regular internal tax regime
of the launch along with a copy of the prospectus, of Gibraltar which will invest in the majority of cases
the memorandum and articles, a legal opinion from not tax any income or gains earned by the fund. The
senior Gibraltar counsel stating that the fund was set- reason for this is that Gibraltar, being part of the Eu-
up in accordance with the EIF regulations and other ropean Union, can benefit from the European Parent
relevant legislation, a form signed by the administra- Subsidiary Directive. This means that payments to a
tor and the license fee of £2,500. This is very signifi- Gibraltar company from subsidiaries in certain Eu-
cant as it means that effectively there is no regulatory ropean jurisdictions (such as Luxembourg) will not
down time and the fund may be launched as quickly be subject to withholding tax. This is another one of
as necessary. The FSC will then review the submitted Gibraltar’s unique selling points and it is particularly
documents and may come back with questions or relevant in private equity and real estate funds.
comments. Going forward is necessary for an EIF There is no withholding tax on payments from a
to ensure that it complies with the EIF regulations. Gibraltar fund to its non-Gibraltarian investors.
Breach of certain regulations requires the directors The valuation methods for EIFs must be disclosed
and/or administrator of the fund to notify within the prospectus. There are no particular rules
the FSC. on valuations other than their disclosure. Although
The directors authorised (especially the directors) any internationally accepted accounting standard
and the administrators are charged with ensuring on- might be used for the audit, many Gibraltar funds are
going compliance with Gibraltar legislation and with audited under IFRS or UK GAAP.
corporate governance requirements. An EIF must
have a fund administrator that is authorised and has a Protected Cell Companies (PCCs)
presence in Gibraltar. In addition to the two Gibraltar The third unique selling point of Gibraltar is that
based EIF directors, the fund must also appoint it is possible to set-up a fund in Gibraltar as a Pro-
auditors that are registered in Gibraltar. Three out of tected Cell Company (PCCs). PCCs are companies,
the four “big four” auditors are based in Gibraltar as which can segregate their assets into cells, which are
are several other firms that have ample experience in statutorily, protected and are remote from each other
fund audit. in bankruptcy. This means that if one cell incurs a li-
There are no restrictions on borrowing or own- ability, the creditors of that cell will be unable to satisfy
ing investments. A fund may invest in any class of their debt from assets attributable to another cell.
investment and at any percentage given that this is This is particularly useful to investment mangers that
a fund that is targeted to experienced investors who wish to set-up several funds with several strategies
are informed and are able to bear the risks of such under one vehicle and save with economies of scale.
investments. The fund may, however, impose certain Investors can invest in one or more cells according to
restrictions on itself. These are disclosed in the pro- their investment strategies.
spectus and, of course, must always be adhered to.
Conclusion
Taxation The quick and easy regulatory notification process,
Gibraltar funds may obtain an exemption from the possibility of setting up PCC funds and Gibraltar’s
the Commissioner of Income Tax on any tax on position within the European Union are all factors
investment income. There is no capital gains tax, that are certain to make Gibraltar a very interesting
inheritance tax, wealth tax in Gibraltar. There is a and competitive jurisdiction for the set-up of funds.
37
PNC Global Investment Servicing
until the market recovers. However, it is more perfect storm within the financial markets.
difficult for those with hedge funds that are Another strategy that has gained in
highly leveraged to do so, as investors are popularity is associated with managed futures
faced with squeezed liquidity and margin and CTAs, which focus on investing in listed
calls. Hedge fund strategies popular at bond, equity, commodity futures and currency
the moment—partly because of credit markets. These strategies capitalize on a bull
crunch—are those that have demonstrated this market run within the commodities market,
decorrelation, such as global macro; managed especially within the energy and agriculture
futures and Commodity Trading Advisors sectors. Managed futures have benefited from
(CTAs); and equity market neutral strategies. increased energy prices, the depreciation
of the U.S. dollar, and supply-side pressure.
CTAs leverage unanticipated surprises. The
No matter the futures markets move gradually to reflect new
conditions, which in its full extent were not
anticipated by the general investing public.
strategy, the The equity market neutral strategy
has benefitted from the decrease in the
availability of capital and lower levels of
fund manager leverage. Thus, there are fewer dollars chasing
similar opportunities within quantitative
must devote a trading. Higher levels of market volatility
provide a robust short-term quantitative
trading opportunity. A quantitative approach
large portion of to trading and neutral positioning partly
insulates strategies from challenging
strategy and popularity of sectors. At this end The accurate valuation an asset or position
of the spectrum are managers who have moved within illiquid markets poses challenges.
away from less liquid strategies and sectors This is not as significant an issue within
and into those that offer greater liquidity liquid securities, as a manager can use recent
and less risk. This has resulted in a greater transaction prices and readily available
popularity of funds of funds. However, these marketable bids and offers to provide fair
complex instruments require greater flexibility and impartial valuations. However, in less
and risk management from the manager. liquid securities that trade more infrequently,
No matter the strategy, a fund manager transactional prices are not always available.
must devote a large portion of his or her In such instances, it is necessary to seek broker
time to valuation, especially in an illiquid quotes to gain an idea of a positions value.
market. A manager has to ensure a fund Adding to the difficulties within markets that
uses fair and proper prices for positions are traded infrequently, obtaining quotations
held within the fund. Employing robust and they may be unreliable. For example,
Investor Services Journal | Hedge Fund Services Market Guide 2009
prudence
40
BNY Mellon
41
BNY Mellon
fund manager would typically be less involved in market volatility. And this reluctance still exists
the management of the side pocket than that of due to the belief in the hedge fund community
a typical private equity manager. Once an asset that the crunch has some way to go.
is designated into a side pocket, new investors The fact that the vehicles are locked up
do not participate in its performance and exist- provides investors, who can see beyond the
ing investors can only redeem their liquid share volatility, an opportunity to gain access to
holding. Their side pocket remains locked up long-term credit opportunities during these
until the side pocket investment is liquidated. turbulent times. Seasoned hedge fund investors
This promotes the liquidity of the hedge fund may see their returns severely impaired if the
with a closed private equity investment and price of the underlying asset falls more than
presents a broader base from which to gener- forecast, or if the credit crunch lasts longer
ate returns. Investors benefit from the added than expected. This is a where the hedge fund
efficiency of being able to invest in both markets manager takes the plunge down the dreaded
all under one roof. This has the added benefit of J-Curve, with the hope of longer-term upside.
reducing the administrative costs of having to On the other hand, this is a path well trodden
deal with a hedge fund and private equity by the seasoned private equity investor.
Investor Services Journal | Hedge Fund Services Market Guide 2009
45
Ask The Experts
Nicholas Griffin - head of transaction
services Europe, KPMG
Will M&A activity continue in the hedge fund for strong market growth at double digit rates.
administration sector in 2009? However, as I predicted in this journal last year,
the ‘barbell’ effect, whereby a handful of play-
2009 may well prove to be an industry-defining ers hold 65-70 per cent market share and a large
year for the hedge fund administration sector. 2008 number of small players occupy the other end
witnessed a series of transactions that included of the market, is starting to have significant con-
outright acquisitions of administrators, sequences for the small-medium sized
asset book sales, equity investments and providers. Working on a good propor-
the purchase of technology companies tion of the transactions that have taken
to enhance propositions and improve ef- place over the last few years, I have ob-
ficiency. served a distinct change in the attitude
Deutsche Bank acquired Hedge- of buyers to the acquisition of smaller
Works, Fulcrum Group acquired the administrators.
Investor Services Journal | Hedge Fund Services Market Guide 2009
46
Ask the Experts
Chris Cattermole
European sales manager, Advent Software
“How does a fund’s selection of a technology suite has institutional investors, who tend to be more
impact other areas such as choice of fund adminis- risk averse and have a more onerous due diligence
trator - is the compatibility of technology between process, and so will only commit monies to a fund
front, middle and back office systems a decisive that has a transparent and robust infrastructure.
factor?” And having this level of IT set up has even more
credibility with institutional investors
Traditionally, hedge funds have taken when a hedge fund can show it uses the
an operational-lite approach to their same platform as its fund administrator
organisational set up, preferring to con- and/or prime broker. Where that is the
centrate on their core investing compe- case, the transference of information
tencies and to outsource the infrastruc- between the prime broker, fund admin-
ture suite that supports those functions istrator and hedge fund is faster and
to their prime brokers and hedge fund more accurate, the data is consistent
administrators. Increasingly though making reconciliations easier, and there
there are compelling reasons for a hedge fund to will be less manpower required to maintain the
include robust middle- and back-office IT systems sundry processes. As a result, the hedge fund will
in-house. have a more cost efficient operation, and be able to
For one, hedge fund managers are scale its business and so grow more effectively.
diversifying into a broader and more complex The compatibility between the front, middle,
range of instruments and asset classes. But and back-office systems of a fund and its service
rather than relying on their fund administrator providers can therefore produce sizable benefits.
to provide daily or intraday reports on their All other capabilities being equal, it may then
positions and valuations, which can be costly prove to be a decisive factor for the manager in its
and cumbersome, many hedge funds want the choice of software vendor and/or service partners.
capability to bring that tracking in-house, so It is also important to note that by holding
as to have an immediate view of their current its books and records in-house, supported on an
exposures and how they need to react to them. industry-leading platform that is widely-used
Another driver, which is especially important by market participants, a hedge fund will ben-
in today’s market conditions, is counterparty risk. efit from greater flexibility and negotiating power
The Bear Stearns collapse and wider liquidity cri- should it decide at any time to switch administra-
sis has served to sharpen the focus of hedge funds tors in favour of a more suitable provider, since it
– and their investors – on this area, exacerbating won’t have to endure the agonies of extracting and
managers’ desire to diversify their trading across transferring its entire back office from one firm to
multiple counterparties. However, given a fund another. And that can only serve to enhance its op-
will have different financing agreements with each erational competitiveness.
counterparty, if it doesn’t have in-house systems This trend is however causing fund adminis-
that can track those then it will be reliant on its trators to react and to be more proactive in servic-
administrator for details of its exposures. ing their hedge fund clients and adding more value
By contrast, an in-house technology platform en- for example with faster, more accurate reporting.
ables a hedge fund to prove to its investors that, Also those FA’s with a flexible infrastructure are
with the click of a button, it can see where its able to support their clients who are looking to
counterparty risk lies at any given time. This ca- pursue more complex investment strategies using
pability is of particular importance where a fund a broader range of instruments.
47
Head to Head - Hedge funds
installing more risk Martell: In our view, all what they have been doing frameworks. Some of
managers and risk employees are to some successfully over the last these initiatives include
management systems extent responsible for several years. However, increased outsourcing
in their front offices, performing various their profile certainly has of administration and
why was this not done risk management or been. I believe it is always the range of services
earlier? risk control functions, the case where we are offered by administrators,
rather than it being operating in a heightened the choice of various
Woolnough: Hedge funds the sole responsibility risk environment that offshore domiciles with
have been increasing of a dedicated risk prudent fund managers their differing levels of
their risk management management specialist. pay more attention to regulatory oversight, as
practices for a number However, it is fair their risk teams. It follows well as the quality of risk
of years now. The drive to say that over the that risk managers will management IT systems
for greater resources last 18 to 24 months, wield more influence. implemented by hedge
in risk management is hedge fund managers What is interesting is that fund managers - both in-
as a result of enhanced have become more under previous conditions house and outsourced.
monitoring by underlying focused on utilising risk the influence of risk
investors and greater management specialists managers has increased 3. Is more regulation
professionalism within and/or have invested and decreased with market and transparency
hedge fund firms. more in dedicated risk conditions. However, if we needed in the hedge
However, the risk management platforms. believe that the financial fund sector, or is the
monitoring requirements Recent events and landscape has now ever-present threat of
of hedge funds do uncertainty in financial changed irrevocably it regulation enough to
undoubtedly vary across markets has led to the may be that the influence ensure good practice?
the different strategies. development of even of risk managers will do
For example, you would more sophisticated risk as well. Woolnough: I think it is
expect to find a more management systems and important to distinguish
expansive risk analysis techniques. Martell: Risk management between operational
infrastructure within a is currently centre transparency as opposed
statistical arbitrage fund 2. Is the role of the risk stage and is receiving to portfolio level
than you would for a manager now enhanced? a significant level of transparency. Operational
concentrated long/short Will the risk manager attention. This is the transparency is always a
equity fund. wield more influence result of a number of good thing and shrewd
That said, whilst a lot across the front, middle factors, one of which is investors should be
alternative investment and back offices? the growing importance interested in such things
managers already of a robust operating as valuation policies,
had expansive risk Woolnough: The role of framework within which a gating provisions and
infrastructures prior to the risk manager may not hedge fund operates. the internal processes
this year, the push for have been enhanced as The management of and independence of a
48
Head to Head - Hedge funds
manager’s procedures. and constructive way. In the appointment of
Portfolio level tandem with this there Martell: As the prime broker also takes
transparency however should be a hierarchy alternatives industry into consideration the
is not necessarily in place which supports continues to evolve and counterparty risk to the
always beneficial if it this culture and ensures allows hedge funds to be hedge fund of appointing
compromises a manager’s consistent application of distributed on a broader that prime broker. This
competitive edge and the firm’s principles. and more mainstream is seen in the increasing
ability to generate alpha. I basis - in particular numbers of hedge funds
believe greater regulation Martell: As an through certain retail-like appointing more than one
is inevitable. However, administrator, we represent structures - so public prime broker.
it needs to be carefully the back office to a fund, perception, as well as
considered to ensure it is while our client - the trust, confidence and 7. How key has the
not counterproductive. hedge fund manager - reputation, become role of the hedge fund
represents the front increasingly important. sector now become in
Martell: Regulation office. The effectiveness the grand scheme of the
continues to develop and of the administration 6. Has the role of the financial system? Where
as an administrator we and accounting services prime broker in regards does it enhance the
have to be in a position provided to the fund is to the hedge fund sector system? Where does it
to adapt and respond to heavily dependent on the now changed? If so, detract from it?
these changes. Increased quality of the information how?
regulation will make our we obtain from the Woolnough: One
industry more attractive investment manager. Woolnough: The role of accusation often levelled
to institutional investors, The accuracy and efficiency the prime broker has at hedge funds is that the
thereby encouraging a of the interface between changed insomuch as very short term trading nature
broader investor base. the investment manager few funds now have only of some strategies and
Regulators ultimately and administrator is the one prime broker. This their ability to turnover
decide on the level of basis for how successfully trend has been further positions quickly can
regulation they determine the administrator can fulfil expedited by the current create instability in
appropriate for their its responsibilities. economic environment specific stocks. This is
jurisdiction. In most which has seen many especially true in more
jurisdictions in which we 5. Perception of hedge funds add additional crowed trades.
operate, the regulator fund by the media brokers in order to However, it should not
pitches regulation at a level and the public is still diversify counterparty be forgotten that hedge
which protects investors largely negative – does risk. funds are becoming more
while encouraging the hedge fund sector In addition to this and more important to
enterprise and innovation. need to devote more fund managers are now the financial system as
Different hedge funds time and energy to paying greater attention providers of liquidity and
are regulated to differing public relations? Does it to the ultimate custodian diversifiers of risk.
degrees, depending on matter? of their assets, which
their risk profile and is not necessarily the Martell: Hedge funds are
investor base. Good Woolnough: It does matter prime broker, and the an important tool used to
regulators get the balance to the extent that public extent to which their facilitate diversification
right between creating a perception can and does assets are segregated and of an investor’s portfolio
compliant environment lead to regulation. The rehypothecated. risk. Institutional
while encouraging industry as a whole should allocations to hedge
business. devote more time and Martell: The role of the funds have increased
energy to public relations. prime broker is integral significantly in the last
4. Does the front The most obvious way to the hedge fund set up. five years with hedge
office need to be more to do this would be to Until fairly recently, the funds becoming more
accountable to the back increase transparency basis for prime broker and more recognised as
office? and understanding of the selection by a manager an addition to the usual
sector and promote best was driven largely by traditional asset classes.
Woolnough: It is healthy practice. Indeed, a number the markets and asset
to promote a culture of recent initiatives such as classes covered by the
whereby the back office the Hedge Fund Working prime broker. What we
is able to challenge the Group have attempted to are seeing now is that in
front office in an open do exactly this. addition to capability,
49
Head to Head - Hedge fund technology
50
Head to Head - Hedge fund technology
are able to get access to the daily NAV from a liquidity these managers develop their own risk management
point of view. However, there is also the school of valuation systems using their own models. We have
thought that says that the recent turmoil in the markets seen the weakness of that strategy over the past year
has demonstrated that there is too much liquidity in the or so, but, nevertheless, at the time they did it, it was a
hedge fund market already and that investors should be perfectly valid exercise. As technology catches up with
tied up for two or three years. I don’t think that either of the marketplace, so I think hedge fund managers use
those arguments fly, because many hedge fund managers them. I think for the second part of this question, I am
will not accept daily liquidity because it puts their not convinced of that either. Somebody who decides
investment programme at risk and many investors will not that they wish to leave the prop desk of a major financial
accept a three-year lock-up because they want liquidity in institution has to start somewhere and, if they are going
times of stress, therefore, the answer to the question is to run their own capital or that of family and friends,
yes – an efficient standard messaging platform could help then there is no reasons why three men in Mayfair should
with greater efficiency of NAV calculations. not do a good job on that. I am involved in a fund which
was recently set up and has probably not more than four
White: It is most definitely feasible, but the problem employees, all of whom are involved in the investment
remains that illiquid assets will always be difficult to management. Every other aspect of the operation of the
price. For plain vanilla instruments and exchange traded business has been outsourced and this has meant that
derivatives frameworks are already in place, in the near the managers can concentrate on the job of managing
future it will also be available for some types of OTC the money and they haven’t had to install massively
derivatives. Whether it will spread to all instruments is expensive systems and massively expensive staff to run
debatable. those systems, because all the work has been outsourced
to entities that can provide the middle and back office,
4. As quant funds continue to use ever more the banking, margining, administration, accounting, etc.,
complex algorithms and learn how to better etc. Therefore, those three men in Mayfair will continue
incorporate factors such as news, will they come to to thrive, providing they get the market right. Where
dominate the hedge fund sector? the three men in Mayfair fail and have consistently failed
over time, has been where they have set up a hedge fund
Butler: I have my doubts that quant funds will come knowing about the markets, but having absolutely no
to dominate the hedge fund sector, regardless of the idea how to run a business from buying paperclips to
evermore-complex algorithms that they have and how employing staff and complying with labour laws, etc.,
they better incorporate factors such as the news. In my etc., etc. More hedge funds fail because they are unable
mind, there is no doubt that the majority of hedge funds to run their business, than from so-called “blow up”.
will continue to be long short listed equity or security Indeed, the likelihood of start-up hedge funds making a
funds. disproportionately high amount of money is recognized by
As the quant funds become more sophisticated, if the seed capital merchants who base their business on the
they wish to dominate the whole hedge fund sector, they belief that a successful hedge fund will make more in the
are going to have to persuade the majority of investors first two or three years of the life of the fund and before
that their black box is better than anybody else’s black they get big enough to be cautious.
box and that their programme is better than more Finally, on this topic, I think that one thing we have
transparent programmes and programmes that are easier learnt is that technology becomes more affordable
to understand. over time and, therefore, the likelihood is that, five
years time, three men in Mayfair will be able to afford
White: They will very likely gain in significance, but they the sort of sophisticated technology systems that today
will not come to dominate the space as diversification will are very high ticket items.
always be necessary.
5. In the past have hedge funds ignored the White: The days are probably numbered, the main
advantages that technology can bring in terms of factor being the uptake in outsourcing and the quality
risk management, valuation and communication? of services provided by outsourcers. It is theoretically
Are the days of three men in Mayfair coming to an possible that a small team can use service providers to
end? do all non-core tasks, so they can concentrate on making
wise investment decisions. But it is more likely that hedge
Butler: I don’t think that it is fair to suggest that hedge funds will take a mixed approach, insourcing the most
funds have ignored the advantages that technology vital processes (and therefore requiring more staff) and
can bring. The problem has been that the hedge fund outsourcing all other tasks.
managers, who are, by nature, very sophisticated and
highly intelligent boffins, if you like, tend to bring
out products and technology has to catch up. Many of
51
Player profile
ISJ: Where does the administrator fit into the risk ISJ: How are hedge funds perceived? Is this perception
management side of operations, and how can one changing?
best integrate with the front office risk management
operation? Martell: The perception of hedge funds varies depending
on who you talk to. For example a lay investor might make
Martell: As the back office to the fund, the administrator reference to the current financial crisis possibly being down
acts as the independently appointed third party keeper of to the actions of hedge fund managers or parts of the hedge
the fund’s books and records. This forms part of the risk fund market. When you look at hedge funds across the
management framework that the directors of the fund would broader investment community there can be a lack of real
be responsible for overseeing. understanding as to what they do and what they are for and
By virtue of using an outsourced fund administration solution, that can lead to misperceptions.
the fund manager is able to take advantage of the risk As hedge funds are vehicles which operate in an environment
management framework that the administrator has in place. where there is a low level of regulation imposed on them, they
If the administrator represents the back office and the are intended to be used as a sophisticated investment tool for
asset manager the front office, the degree to which we can sophisticated investors.
successfully provide our administration services depends The regulatory environments in places such as Ireland and
on how efficiently, accurately and timely the front and back Luxembourg are starting to permit structures which are more
offices are able to interact with each other. diverse as to investment type and restrictions and which are
able to be distributed on an increasingly broad basis. With
ISJ: When a fund chooses an administrator, how much of the changing nature of these distribution channels it has, and
a deciding factor is the technology that they use and the will continue to become far more important for hedge funds to
integration of the incumbent technology? manage their public perception.
Martell: Technology is a critical factor when it comes to a fund ISJ: It seems that there has been a certain amount of
selecting an administrator. What we are selling, in its plainest consolidation in the hedge funds sector – will this affect
form, is leading edge technology with experienced, qualified administrators?
people wrapped around it. This is a key distinguishing factor in
being able to win business. Martell: There has been a certain amount of consolidation
and I think there is nothing to suggest that this will not
ISJ: How important is fostering a culture of risk management continue. Consolidation implies that larger hedge funds will
to go alongside the technology? buy smaller hedge funds. Large hedge funds usually seek
administration services from the larger providers who offer
Martell: Fostering a culture of risk management is increasingly a wide service range and are able to support the significant
important, particularly in the current volatile economic levels of investment required to stay at the leading edge of
environment. This is something that asset managers are an industry which is continually evolving and advancing.
certainly focussing on in terms of their due diligence of While opportunities will always remain for boutique and niche
administrators and can be a key deciding factor when making administrators, this consolidation may imply an opportunity
appointments. for larger hedge fund administrators.
52
Harness the power
In a turbulent, fast changing world, there’s a rock-solid offshore location that is cost-effective,
well regulated and accessible. And with the unique advantage of being in the European Union.
This potent place is Gibraltar.
As a leading law firm, Hassans has steered many clients to the benefits Gibraltar offers, whether
they are global corporations or private individuals of means. They find us expert, innovative,
commercially-minded and client-focused.
Easy to deal with, too. There may be many miles of ocean between us but we’re only a mouse-
click away. Visit our website at www.gibraltarlaw.com or email us at info@hassans.gi.
Gibraltar's Premier Funds Team. Hassans have set up more than 80%
of funds registered in Gibraltar.
For more information please contact: James G Lasry - Partner
Head of Funds Team - Hassans International Law Firm
57/63 Line Wall Road Gibraltar. Tel: +350 200 79000 Direct Dial +350 200 79571
Fax: +350 200 77343 Mobile: +350 5760 6000
Banking & Financial • Corporate & Commercial • e-commerce • Litigation • Marine Shipping • Private
client affairs • Property • Tax • Trusts
Hassans 57/63 Line Wall Road PO Box 199 Gibraltar. tel +350 200 79000, fax +350 200 71966
email info@hassans.gi A member of the TerraLex global network of international law firms
Statistics
3 yrs
Correlation
1 yrs
Correlation
6mths
Correlation
funds of funds suffered Attention appears focused US housing market and
0.8
0.6
0.4
0.2
0
0
0.2
0.4
0.6
0.8
-1
Conv Arb Ded Sh Event- EventDriv EventDriv Emerging Eq Mkt EventDriv Fixed Inc Global Long/ Multi- Managed
Bias Driv Distr Multi- Risk Arb Mkts Neutr Arb Macro Short Eq strat Fut
Sec Strat
54
Company Profile - Aquin
55
Company Profile - Fidessa LatentZero
organisations, through to smaller specialist managers latency trading application for equities and equity
and hedge funds. derivatives for global markets. The Workstation is
ideal for any asset manager, from small hedge funds
Richard Jones, CEO, Fidessa LatentZero to larger institutional managers, requiring out-of-
Richard Jones has been CEO of Fidessa LatentZero the-box access to a comprehensive set of brokers,
since its incorporation in 1999, working with Dan algorithms and DMA venues, with integrated real-
Watkins to create an agile, profitable business with a time, full-depth market-data with broker IOIs, news,
compelling proposition. charts and fundamentals.
Richard has two decades experience of working The fully hosted ASP solution is quick to deploy
in both the financial services and IT industries. and requires minimal or no technical support. The
As IT Director of Jardine Fleming Investment Workstation can also receive orders from and send
Management in Asia, Richard was responsible for all executions to any third party OMS via FIX.
aspects of IT strategy, implementation and support
across the region, managing a team of 80 IT staff. Connectivity
Fidessa LatentZero’s front office solutions are
Key Services & Products supported by the proven Fidessa network, which
Capstone for Hedge Funds provides connectivity to the DMA, Algorithmic,
Capstone for hedge funds is a broker neutral, Program and Care order execution destinations
pre-packaged and easy to implement application of 310 brokers across 100 markets worldwide.
that supports hedge fund investment and trading Connectivity to numerous ECNs, crossing networks
workflows for all asset classes, including and ATSs is also available, providing you with all the
OTC derivatives. global execution destinations you require in your
continual search for liquidity.
56
Investor Services Journal | Hedge Fund Services Market Guide 2008
-S #HERYL 0ACKWOOD JOINED THE "ERMUDA
)NTERNATIONAL "USINESS !SSOCIATION ")"! ON
/CTOBER TH AS THE CHIEF EXECUTIVE OFFICER )N
"ERMUDA -S 0ACKWOOD HAS HELD SENIOR POSITIONS
AS GENERAL MANAGER AT $IGICEL "ERMUDA AND ALSO
THE "ERMUDA -ONETARY !UTHORITY WHERE SHE WAS
GENERAL MANAGER CORPORATE SERVICES AND SECRETARY
TO THE "OARD OF $IRECTORS AS WELL AS DIRECTOR LEGAL
SERVICE ENFORCEMENT AND INTERNATIONAL AFFAIRS
)NTERNATIONALLY SHE WAS MANAGING DIRECTOR
OF #/2! FOR 7ESTERN 7IRELESS )NTERNATIONAL
#ORPORATION AND DIRECTOR OF INTERNATIONAL
DEVELOPMENT FOR .p'OAN !SMAN !SSOCIES BOTH
IN !BIDJAN #ĊTE Dp)VOIRE 0RIOR TO MOVING TO THE
#ĊTE Dp)VOIRE -S 0ACKWOOD ALSO PRACTICED LAW AT
57
Company Profile - Hassans
The majority of the firm’s work is related to wireless telegraphy, and was instructed by the
international clients. international Telecommunications Union to
Gibraltar’s status as part of the EU is a report on telecoms legislation in the
significant factor in attracting, such institutions Caribbean region.
and businesses. Private clients: the firm has specialist lawyers
Languages spoken: English, Spanish, French, who regularly advise on all aspects of private
Hebrew, Portuguese, German and Chinese client matters, including: asset protection
(Cantonese and Mandarin). trusts, domiciliation and taxation.
Key Services: Drafting: the firm advised the Government
Corporate and commercial: the firm provides on the transposition of EU Directives into
a full range of legal services for clients ranging Gibraltar law. This work has concerned
from small businesses to major multination- legislation relating to financial services and
als. It advises corporate clients working in or telecoms. Contacts have also been established
through Gibraltar on a wide variety of cross with a number of other Governments requiring
boarder transactions and financing structures. assistance in this area.
Other matters handled include: international Maritime: The firm has strong links with major
corporate restructures, joint ventures, M&A, English shipping firms.
Corporate franchising, tax and e-commerce. Property: the firm acts for most of the major
Litigation: the department handles most local and international developers and builders.
aspects of litigation, with a niche focus on E commerce: the firm has advised some of the
international commercial and trust litigation. major online betting operators on setting up
The firm’s litigators practice as both barris- their operations in Gibraltar.
ters and solicitors, and provide a full range of
Dublin Luxembourg
T: + 353 1 878 0807 T: +352 427 1711
Dermot Butler, Chairman Mariusz Baranowski,
T: +353 1 878 0807 Managing Director
T: +352 229 444 701
59
Company Profile - UBS Global Asset Management, Fund Services
60
61
Company Profile -
62
Company Profile -
63
Company Profile - Fortis
Key Locations/Contacts
www.merchantbanking.fortis.com
64
Successful Hedge
Fund Administration?
It’s a question of
partnership.
Find out more by visiting www.ubs.com/fundservices
or e-mail us at fundservices@ubs.com
Global Asset
Management You & Us
© UBS 2008. All rights reserved.