Our Thinking · Public Funds

Fiduciary Duties of Investment Managers (Article 2 of our “Fiduciary Duties” Series)

Fiduciary duties of investment managers have been a matter of considerable debate in English law. Fiduciary obligations are generally sought to be excluded from investment management agreements, however, there are many proponents to the position that investment managers should be considered fiduciaries of their clients. So, what is the best approach to be taken by […]

Emma Cleveland11 March 2015

Our Thinking · Public Funds · Regulatory & Compliance

ESMA proposed guidelines on AIFMD assets segregation

Since the adoption of the AIFMD, the European Securities and Markets Authority (“ESMA”) has produced a range of material relating to the application of the Alternative Investment Fund Managers Directive such as technical advice, guidelines, regulatory technical standards and Q&As. On 1 December 2014, ESMA published a consultation paper with proposed guidelines regarding asset segregation […]

Emma Cleveland24 February 2015

Our Thinking · Regulatory & Compliance · Commercial & Corporate

CPMI & IOSCO’s assessment methodology for financial market infrastructure (FMI) oversight expectations regarding critical service providers

Financial market infrastructures often contract out a number of their operations, such as IT and telecommunications, to third-party service providers. Their reliance on these third-party service providers makes the contracted services critical for the smooth functioning of the financial markets and hence they are often called ‘critical service providers’.

Emma Cleveland4 February 2015

Our Thinking · Investments & Capital Markets · Regulatory & Compliance

Financial Stability Board – Standards and processes for global securities financing data

The Financial Stability Board (“FSB”) has recently published its Standards and Processes for Global Securities Financing Data Collection and Aggregation report. The proposed standards are based on the policy recommendations in the FSB report Policy Framework for Addressing Shadow Banking Risks in Securities Lending and Repos.

Emma Cleveland28 January 2015

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