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<strong>FTSE</strong> GLOBAL MARKETS • MARCH/APRIL 2009<br />
Outlook<br />
IF THERE IS a recurring topic in this edition, it is trust and fiduciary<br />
care. Paul Whitfield introduces the theme in the Market Leader,<br />
outlining a mounting trend in the Low Countries towards fiduciary<br />
management.The trend is expected to be replicated elsewhere in Europe.<br />
Investment management firm BlackRock, for one, thinks the trend will be<br />
substantial. In December, it predicted that the value of assets run by<br />
fiduciary managers in the UK alone would rise from the current figure of<br />
about £2bn to over £300bn within the next few years.<br />
Fiduciary management refers to the provision, by a single supplier, of<br />
a range of services that taken together remove the operational<br />
management of a pension fund from trustees, handing it to a third party<br />
manager. What it cannot do however is lift the fiduciary responsibility<br />
from the shoulders of the trustees, who are still ultimately responsible<br />
for the performance and lawful management of their fund.<br />
The movements towards fiduciary care and transparency are global,<br />
rather than regional trends. Moreover, they encompass the spectrum of<br />
investment activity. Neil O’Hara picks up the theme in his article on the<br />
dynamics of the US asset servicing industry. While the global recession<br />
has dampened investor and banking sentiment and activity in the<br />
financial markets, asset service providers have directly benefited from<br />
the resulting downturn in two ways.<br />
Following the rescue of Bear Stearns, the Lehman Brothers<br />
bankruptcy and Bernard Madoff's alleged Ponzi scheme, attention is<br />
now focused squarely on counterparty risk. Moreover, the safety of<br />
assets held in trust that are not exposed to the parent entity's credit<br />
risk has sent hedge funds and institutional investors scuttling to<br />
custodian banks. In addition, money managers who have seen their<br />
asset-based top line revenues slashed are now homing in on the<br />
bottom line. Asset service providers, who can take over middle and<br />
back office functions, turning them from fixed into variable costs, have<br />
benefited in consequence.<br />
Emerging markets are jumping on a similar bandwagon. John<br />
Rumsey in São Paulo reports on moves by Brazil’s market regulator, the<br />
Comissão de Valores Mobiliários (CVM), to enforce procedures in cases<br />
concerning possible derivatives scandals (it is unable to name the<br />
companies). It looks to be a timely moment for the CVM to be<br />
designing new rules that will help further develop the corporate<br />
governance agenda in Brazil. The new focus is on achieving real gains<br />
through the fostering of greater transparency, which will increase the<br />
level of local disclosure requirements substantially.<br />
In this and subsequent editions we will be looking at how regulators<br />
will help or hinder the rebuilding of the sometimes scorched remains of<br />
the financial markets. Our focus in this edition is on the UK’s Financial<br />
Services Authority (FSA). With its reputation dented in the wake of the<br />
financial crisis, the FSA finds itself under a spotlight, with market<br />
participants anxious to see how it intends to regulate going forward.<br />
Some market watchers worry that the FSA will impose a US Sarbanes<br />
Oxley type regime, thereby eradicating the principles-based regulation<br />
that traditionally has been a cornerstone of the UK framework. Others<br />
believe that FSA will hold firm to its fundamental doctrines, albeit with<br />
a somewhat heavier hand under new chairman Lord Adair Turner. Lynn<br />
Strongin Dodds reviews the options.<br />
Francesca Carnevale,<br />
Editorial Director<br />
March 2009<br />
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