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(<br />

products and services<br />

Deep-rooted in Germany<br />

for asset servicing<br />

Alternative investment,<br />

joining forces<br />

OTC derivatives, a single partner<br />

CACEIS optimises post trade<br />

for broker dealers<br />

outlook<br />

Towards a <strong>new</strong><br />

post-market environment?<br />

Performance Fees: good practices<br />

events<br />

Gold Top Com award for the CACEIS’<br />

advertising campaign )<br />

(<br />

<strong>caceis</strong>.<strong>com</strong>, <strong>new</strong> <strong>version</strong><br />

CACEIS has just launched its <strong>new</strong><br />

website. The presentation of the<br />

group has been optimised and its<br />

<strong>new</strong> 2007 <strong>com</strong>panies are featured.<br />

Available in English, German and French langua-<br />

ges, CACEIS’ website illustrates each location<br />

overview and the <strong>com</strong>panies innovative offers.<br />

From the homepage, clients find a direct link to<br />

their web tools. On the portal we also keep you<br />

Figures as at December 31, 2007<br />

e950 billion in assets<br />

under administration<br />

of which e155 billion<br />

in alterna tive assets<br />

no. 13 - march 2008<br />

updated on CACEIS highlights through the Events<br />

and News headings. We deliver <strong>com</strong>prehensive<br />

coverage of our full service from the <strong>com</strong>plete<br />

asset servicing documentation sorted by range<br />

of products and related services. You can easily<br />

download product fact sheets, reference papers,<br />

activity reports and <strong>new</strong>sletters.<br />

We hope our website will meet your requirements<br />

and you will enjoy visiting <strong>caceis</strong>.<strong>com</strong> @<br />

e2,300 billion in assets<br />

under custody<br />

7,000 structures valued<br />

)


( products and services<br />

Marco Wilms,<br />

Head of Business Development<br />

(Germany)<br />

no. 13 - march 2008<br />

Deep-rooted<br />

in Germany<br />

for asset servicing<br />

With the creation of CACEIS Bank<br />

Deutschland GmbH, the CACEIS<br />

group has extended its<br />

international network into<br />

Germany, providing custodial<br />

services to clients operating in<br />

country’s funds market.<br />

A 15% SHArE of THE GErmAn<br />

CuSToDy mArkET<br />

The Financial Markets Service Bank GmbH (FMSB),<br />

an entity responsible for providing custodial activities<br />

to the German market, was recently acquired<br />

by CACEIS from German universal bank,<br />

HypoVereinsbank (HVB). The deal was finalised<br />

on December 28th , 2007, whereupon FMSB was<br />

renamed CACEIS Bank Deutschland GmbH (CBD)<br />

on February 1st . CACEIS’ <strong>new</strong> German subsidiary<br />

provides <strong>com</strong>prehensive clearing and settlement<br />

services for local and international institutional<br />

clients such as banks, insurance <strong>com</strong>panies, brokerdealers,<br />

investment <strong>com</strong>panies and large corporates.<br />

It also offers a wide range of custody-related<br />

services to asset management <strong>com</strong>panies operating<br />

in Germany. The bank holds some e400 bn in<br />

assets under custody, which represents a substantial,<br />

15% share of the German custody market,<br />

which itself is the third largest in Europe. With a<br />

staff of over 500 highly-qualified men and women,<br />

CACEIS Bank Deutschland operates out of two<br />

offices in Germany. The bank’s office in the city of<br />

Munich is responsible for most clearing and custody<br />

services, whereas the office in Hamburg deals<br />

with the IT-Support and with certain depositary and<br />

trustee functions.<br />

An InTEGrATED offEr<br />

for mArkET pArTICIpAnTS<br />

CBD’s offer is strengthened by its many interfaces<br />

with clearing and settlement platforms which<br />

meet the needs of clients who trade on European<br />

markets. Clients have access to the main European<br />

stock markets Euronext, Xetra, Xontro, SWX, Virt-X,<br />

LSE, Xetra Vienna as well as transactions clearing<br />

on LCH.Clearnet and Eurex. This offer <strong>com</strong>bines<br />

outsourcing of trading and clearing with those of<br />

custody and the settlement-delivery. Risk monitoring,<br />

treasury management and reporting to financial<br />

authorities are also offered. Clients of HVB, now<br />

serviced by CACEIS Bank Deutschland will find that<br />

the CACEIS group is heavily involved in initiatives to<br />

improve European post-market infrastructures. Its<br />

<strong>com</strong>mitment to the field is demonstrated in several<br />

ways: CACEIS is a direct member of the Target<br />

2 cash system and the securities payment and delivery<br />

system ESES for the French, Belgian and Dutch<br />

markets; the group also gives solid support to international<br />

development projects like T2S. With CACEIS,<br />

clients have a partner with a true European view<br />

of post market infrastructures, which makes significant<br />

investments into the development of innovative<br />

products and services designed to meet the<br />

evolving needs of its clients.<br />

A DEpoSITAry/TruSTEE funCTIon<br />

for funD mAnAGErS<br />

Within the framework of its role as a depositary<br />

bank, besides asset custody, CBD ensures that funds<br />

remain in strict <strong>com</strong>pliance with all rules and regulations<br />

laid out by the German financial authority and<br />

investment law (InvG), such as those related to funds’<br />

legal investment limits and ratios. The service also<br />

includes controls on asset valuation methods as<br />

well as the calculation of the daily asset values. The<br />

bank offers legal support throughout the life of the<br />

fund and also acts as fund liquidator if so required<br />

CBD clients will benefit from the CACEIS group’s<br />

broad offer of services in the knowledge that they<br />

have the support of a partner that is fully <strong>com</strong>mitted<br />

over the long term to the asset servicing industry.<br />

In addition, clients of CACEIS outside Germany<br />

will be able to use CACEIS’ <strong>new</strong>ly acquired expertise<br />

on the German market to further develop their<br />

activities. CACEIS also intends to reinforce the service<br />

package in Germany by developing an additional<br />

fund administration offer @<br />

© Gettyimage<br />

2.


3<br />

alternative investment,<br />

joining forces<br />

olympia Capital provides<br />

<strong>com</strong>prehensive administration<br />

services to the alternative<br />

investment fund industry, with core<br />

offerings including fund<br />

accounting, registrar and transfer<br />

agency, legal and <strong>com</strong>pliance, and<br />

cash services.<br />

norTH AmErICAn AnD offSHorE CoVErAGE<br />

Providing administration services since 1990,<br />

Olympia Capital has offices in Bermuda, Dublin,<br />

Halifax, Toronto and New York with approximately<br />

250 employees. Olympia Capital (Bermuda) Limited<br />

holds licenses in Bermuda and the Bahamas and<br />

administers numerous funds in the BVI. In addi-<br />

tion, <strong>com</strong>prehensive trust and other fiduciary<br />

services are offered through partner <strong>com</strong>panies,<br />

Winchester Global Trust Company, a trust<br />

<strong>com</strong>pany licensed in Bermuda, and Winchester<br />

Fiduciary Services Limited. Today, as part of the<br />

CACEIS network, clients of Olympia Capital have<br />

not only access to an extensive network in Europe,<br />

but also CACEIS’ <strong>com</strong>prehensive services offer,<br />

which includes custody, securities lending, foreign<br />

exchange and bridge financing. The assets under<br />

administration are over e50 bn across more than<br />

500 funds.<br />

EXpErIEnCE AnD CApABILITy<br />

Olympia Capital uniquely focuses on administering<br />

alternative asset categories: hedge funds, fund of<br />

funds and private equity funds. A plethora of asset<br />

classes and investment strategies are serviced,<br />

from traditional equity hedge funds to more eso-<br />

no. 13 - march 2008<br />

teric fixed in<strong>com</strong>e, multi-strategy, derivatives, as<br />

well as, <strong>com</strong>modity funds. Olympia Capital is experienced<br />

in servicing all fund structures – offshore<br />

corporations in tax-free jurisdictions, US limited<br />

partnerships, master-feeder arrangements and<br />

managed accounts to name a few. The <strong>com</strong>pany<br />

employs state-of-the art systems that are especially<br />

designed for the <strong>com</strong>plex strategies of today:<br />

Advent Geneva for hedge funds, and E-Front for<br />

private equity. CACEIS has the scale and financial<br />

strength to make the continued investments<br />

in IT systems which ensure that clients’ business<br />

is always supported by the most flexible, reliable<br />

and secure technology.<br />

rECoGnISED SErVICE EXCELLEnCE<br />

Olympia Capital was top rated by clients in the<br />

2007 Global Custodian Hedge Fund Administration<br />

Survey in the Overall,


( products and services<br />

David Baert<br />

Head of Control<br />

Matching and PreSettlement<br />

and Françoise Seive,<br />

Head of OTC Derivatives<br />

no. 13 - march 2008<br />

oTc derivatives, a single partner<br />

To minimise asset managers’ costs<br />

and operational risks, CACEIS offers<br />

a <strong>com</strong>prehensive and flexible<br />

outsourced solution for processing<br />

and valuing oTC derivatives.<br />

rApID GroWTH In oTC DErIVATIVES<br />

CACEIS’ service involves high-level expertise in<br />

operational flows, regulations and risks, and the<br />

sophistication of OTC derivatives means that dedicated<br />

teams and systems are used. The increasing<br />

number of <strong>com</strong>plex instruments and entities involved<br />

in OTC derivatives (brokers, prime brokers,<br />

banks), along with strict regulations, are prompting<br />

asset managers to deploy large-scale human<br />

and technological resources. OTC derivatives<br />

are be<strong>com</strong>ing increasingly important in asset<br />

management in general, particularly in institutional<br />

portfolios.<br />

There are a wide range of products available to<br />

help investors meet hedging targets and boosting<br />

the performance of their portfolios. The development<br />

of the OTC derivatives market is confirmed<br />

by the three-year worldwide survey co-ordinated<br />

by the Bank of International Settlements (BIS),<br />

published in late June 2007. Total amounts outstanding<br />

on OTC derivatives doubled from around<br />

products handled<br />

$33,000 bn at end-June 2004 to more than $65,000<br />

bn at end-June 2007.<br />

DEDICATED TEAmS<br />

CACEIS has experienced teams, focused on processing<br />

OTC derivatives. These teams consist of<br />

professionals who developed their skills through<br />

day-to-day monitoring of activities at large asset<br />

management <strong>com</strong>panies. They can easily handle<br />

<strong>com</strong>plex instruments and aim to process them with<br />

the same fluidity as simple instruments. Specialists<br />

enter trading instructions directly into the systems<br />

via proprietary-format files for simple OTC derivatives,<br />

while <strong>com</strong>plex derivatives require special<br />

parameter-setting.<br />

SuITED TECHnoLoGICAL mEAnS<br />

CACEIS provides a highly secure modular solu-<br />

tion that includes real-time integration into its fund<br />

administration and custody systems. The mar-<br />

ket-leading Kondor+ software package is used<br />

at Luxembourg and will be gradually spread out<br />

to Paris. It enhances their ability to process large<br />

volumes while at the same time keeping a firm grip<br />

on risks. The <strong>com</strong>bination of our skilled specialist<br />

staff and our high-performance software allows<br />

us to monitor <strong>com</strong>plex derivatives activity, and to<br />

keep pace with <strong>new</strong> product developments.<br />

The service covers all OTC derivatives transactions, with interest rate, equity, credit and<br />

forex underlyings.<br />

Standard transactions: Vanilla and non-vanilla swaps; Currency swaps; Inflation swaps<br />

(HICP); Caps and floors; FRAs; Asset swaps (only the swap <strong>com</strong>ponent); Non-vanilla<br />

currency swaps; Non-vanilla cross-currency asset swaps; Swaptions; Forex options; Credit<br />

derivatives: single name CDSs, credit indexes (ITRAXX and CDX), tranches of credit indexes,<br />

basket default swaps, ITRAXX and CDX options etc.<br />

Complex transactions: Equity swaps: performance swaps on equities, on baskets of<br />

equities, on stockmarket indexes, on baskets of stockmarket indexes;<br />

Total return swaps;<br />

Equity options, index options, bond options;<br />

Structured interest-rate and currency swaps: barrier interest-rate swaps, dividend swaps;<br />

Volatility swaps: equities, stockmarket indexes, forex;<br />

Variance swaps: share price, stockmarket index level, exchange rate;<br />

Correlation swaps: share price, exchange rate, stockmarket index level; Options on spreads<br />

between indexes; Exotic cap/floors: knock-in caps/floors, knock-out caps/floors; CFDs.<br />

4.


5<br />

oTC Derivatives process flowchart<br />

1<br />

2<br />

3<br />

4<br />

5<br />

Client<br />

Client instructions processing<br />

CACEIS Counterparty<br />

Reconciliation of the confirmations<br />

(OTC vanilla)<br />

Calculation of the financial flows (OTC vanilla)<br />

Reconciliation of the cash amounts<br />

to be payed or received<br />

OTC Derivarives transaction<br />

Payments and announcements issuance (SWIFT)<br />

In addition to its market-leading capabilities, our<br />

application is connected to the SWIFT messaging<br />

system and other <strong>com</strong>munication media, electro-<br />

nic trading platforms (DTCC, Swapswire). At each<br />

stage of the post-trade process, our teams’ abi-<br />

lity to anticipate events enables them to carry out<br />

various activities in a timely fashion: setting up<br />

maturity schedules, calculating margin calls and<br />

collateral, reconciling confirmations with counter-<br />

parties, calculating amounts payable and recei-<br />

vable, netting payments, managing positions and<br />

accounting for movements. These activities are<br />

ac<strong>com</strong>panied by tight risk controls.<br />

InDEpEnDEnT VALuATIon<br />

OTC derivatives valuation work is carried out by our<br />

team of financial engineers. The team uses vali-<br />

dated market data (interest rates, credit spreads,<br />

volatility data, etc.) from various providers (Markit,<br />

CMA, Super Derivatives, ICAP, etc.). The valua-<br />

tion models used are provided by Kondor+ or<br />

by external calculation libraries. CACEIS can<br />

check asset manager and counterparty prices<br />

(“Challenger“ role), or it can be a sole valuation<br />

provider (“Provider“ role). The valuation process<br />

will be detailed in a <strong>com</strong>ing issue.<br />

poSITIon-kEEpInG AnD DEpoSITAry<br />

(TruSTEE) STATEmEnT<br />

In France, since January 1st , 2008, the AMF’s general<br />

regulations have supplemented the custody<br />

account-keeping system applicable to traditional<br />

financial instruments, adding the notion of position-keeping,<br />

which concerns OTC derivatives in<br />

particular. Recording assets using the position-<br />

Market Place<br />

no. 13 - march 2008<br />

keeping method depends on asset management<br />

<strong>com</strong>panies reporting to the custodian all information<br />

that allows assets to be identified and their<br />

movements to be monitored. As a result, asset<br />

management <strong>com</strong>panies must now send a list of<br />

framework agreements and copies of signed transaction<br />

confirmations or transaction notes. This<br />

obligation also concerns transactions not administered<br />

by CACEIS carried out by Fund for which<br />

it is custodian.<br />

The CACEIS depositary statement, also available<br />

in Luxembourg, is a clear and accurate way<br />

of reporting information to clients, valuers, statutory<br />

auditors and Trustees. It gives an overview of<br />

asset management <strong>com</strong>panies’ activity. It sets out<br />

all financial instruments held by UCITS, along with<br />

cash balances. Asset managers receive a daily<br />

analysis for each Fund, involving a summary of<br />

ratios by asset category and estimates.<br />

SpECIfIC rEporTInG<br />

The OLIS website allows real-time consultation of<br />

all open positions by portfolio, and of each tran-<br />

saction’s details. All information can be downloa-<br />

ded in XLS or PDF format.<br />

By providing staff and resources specific to the<br />

OTC derivatives business, CACEIS gives clients a<br />

dedicated solution for processing and valuing these<br />

sophisticated products, along with risk monitoring<br />

indicators. This shows CACEIS’ desire to develop<br />

alongside investors, by offering them services suited<br />

to changing asset management techniques @<br />

products and services)<br />

A financial engineer team<br />

skilled in OTC Derivatives<br />

products, an asset class<br />

in a very sharp increase.


( products and services<br />

Bernard Galdin,<br />

Head of Settlement ;<br />

Beatrice Peregort,<br />

Head of local Clearing ;<br />

Jérôme Klode,<br />

Head of Clearing.<br />

Broker dealers clients with<br />

CACEIS have access to a<br />

post trading activity range<br />

of products, including<br />

clearing of listed<br />

derivatives, processing of<br />

OTC derivatives, cash<br />

management, securities<br />

lending and<br />

Foreign Exchange.<br />

no. 13 - march 2008<br />

cacEIS optimises post trade<br />

for broker dealers<br />

CACEIS adds its Global Clearing<br />

member (GCm) services of<br />

LCH.Clearnet SA for the cash equity<br />

business to its recognized<br />

settlement and custody skills.<br />

This clearing service strengthens CACEIS’ <strong>com</strong>prehensive<br />

range of post trade services for broker<br />

dealers. Clients benefit from CACEIS’ rating<br />

(S&P AA-) and financial guarantee. They can avoid<br />

carrying out their own large-scale technological<br />

development by relying on a solid partner that is<br />

one of the world’s top-10 custodians. Clients can<br />

benefit from CACEIS’ active involvement in market<br />

infrastructure and regulatory developments,<br />

and from its heavy investment in staff and technology.<br />

The quality of CACEIS’ custody service is<br />

rewarded by the annual Global Custodian magazine<br />

agent banks surveys, which regularly gives<br />

it ‘‘top rated’’ status.<br />

An EVoLVInG GEoGrApHICAL CoVEr<br />

The service is provided by CACEIS Bank and<br />

forms part of its settlement and custody servi-<br />

ces for securities eligible for trading on Euronext<br />

Paris. CACEIS is a direct affiliate of the Euroclear<br />

Settlement of Euronext zone Securities (ESES)<br />

platform in France. On November 28th, 2008, it<br />

will extend this clearing service to the Brussels<br />

and Amsterdam markets when ESES is launched<br />

in the Belgian and Dutch markets. As a result,<br />

CACEIS will offer to broker dealers a single entry<br />

participants<br />

and flows<br />

point for clearing and settling their transactions<br />

in the Euronext markets. The integrated offering<br />

will take on a pan-European dimension through the<br />

access provided by CACEIS Bank Deutschland to<br />

other European markets (the UK, Germany, Austria<br />

and Switzerland).<br />

A moDuLAr offEr<br />

CACEIS sets up tools allowing customized services<br />

to meet the client different needs. Around the GCM<br />

offer a flexible range of services are ensured. Thus<br />

Trading Member Firms (TMF) are supported for<br />

matching of trades executed on NYSE-Euronext and<br />

forwarded to LCH.Clearnet’s Clearing 21 platform.<br />

Settlement through the CACEIS’ ESES affiliate num-<br />

ber and linked corporate action processing can be<br />

also provided for the trades netted by the clearing<br />

house. Transactions are confirmed by Swift, files<br />

and may be consulted on OLIS website. CACEIS<br />

also helps to cover risks by a specific follow up<br />

and <strong>com</strong>pliance controls. Dedicated and skilled<br />

teams calculate margin calls on open positions<br />

(SPAN method). They also carry out outstanding<br />

trades and buy-in warnings. CACEIS makes post<br />

trade processing simpler and more flexible.<br />

CACEIS streamlines the post trade processing<br />

and allows clients to avoid connection to clearing<br />

and settlement platforms and technological<br />

developments. They also benefit from CACEIS‘<br />

dealing capacity with the post-market infrastructures<br />

and are exempted of the contribution to the<br />

Clearing Fund @<br />

client (t m f)<br />

e u r o n e x t<br />

lch.clearnet<br />

e u r o c l e a r<br />

caceiS<br />

6.


7<br />

Towards a <strong>new</strong><br />

post-market environment?<br />

The markets in financial<br />

Instruments Directive (mifID) is<br />

transforming the trading and<br />

post-market infrastructure<br />

environment and creating sources<br />

of fragmentation.<br />

Changes and developments in trading platforms –<br />

whether through mergers (NYSE-Euronext, LSE-<br />

Borsa Italiana, Nasdaq-OMX) or the appearance<br />

of <strong>new</strong> players (CHI-X, Turquoise, etc) have often<br />

been in the <strong>new</strong>s recently.<br />

THE EnD of THE nATIonAL “SILo” SySTEmS<br />

Although attracting less media attention, the postmarket<br />

industry is also undergoing a revolution,<br />

with the end in sight for national “silos” (tradingclearing-settlement/delivery<br />

and central securities<br />

custody). This is being encouraged by European<br />

Union initiatives – either in the form of regulations<br />

(MiFID) or re<strong>com</strong>mendations (the Code of Conduct)<br />

– that aim to foster <strong>com</strong>petition between financial<br />

infrastructures.<br />

The old national model, which often is no longer<br />

adapted to the reality of the economic ownership<br />

of infrastructures – either because they are listed<br />

<strong>com</strong>panies (Deutsche Börse and NYSE-Euronext)<br />

or because of their trans-national nature (Euroclear<br />

and LCH.Clearnet Group) – is doomed to disappear<br />

with the creation of the European single market<br />

and the increasingly international nature of financial<br />

transactions.<br />

We will therefore soon have to cope with a larger<br />

number of possible <strong>com</strong>binations between organisations,<br />

with each <strong>com</strong>bination being intended to<br />

meet a specific pricing and service model.<br />

a c t ua l p l at f o r m S<br />

t r a d i n g clearing Settlement<br />

Euronext, LSE, Xetra, Virt-X,<br />

Borse italiana, etc.<br />

mifid<br />

LCH.Clearnet, Eurex, X-Clear,<br />

CCG, etc.<br />

t r a d i n g clearing Settlement<br />

T2S, Smartpool, Euromillennium,<br />

Chi-X, Turquoise, Equiduct, EMCF, EuroCCP (DTCC), etc. <strong>com</strong>petition between CSD ?<br />

Liquidnet, ITG POSIT, etc.<br />

Tradegate, etc.<br />

n e w p l at f o r m S<br />

c o d e o f c o n d u c t<br />

Euroclear, Clearstream,<br />

Monte Titoli, etc.<br />

t2S<br />

no. 13 - march 2008<br />

THE CHALLEnGE of InTEropErABILITy<br />

All parties involved in post-market activities are<br />

facing a major challenge: being able to manage<br />

the multiple links that will exist in the future, while<br />

maintaining the same processing effectiveness<br />

(speed) and reliability (security and correct execution).<br />

It is with this in mind that CACEIS is participating<br />

and contributing to the discussions held<br />

in the Paris financial market.<br />

This is of course both a matter of connection and<br />

<strong>com</strong>munication, but is also of managing the multiple<br />

operating rules, as each organisation will<br />

be able to define its own rules and constraints<br />

(working times, limits, collateral, etc.) for its own<br />

market segment.<br />

Today, it is hard to tell what the future holds. It is<br />

likely that, after a transition period, most transactions<br />

will be concentrated in the hands of a few<br />

operators, working on a European scale, if not<br />

global. This will be a positive change if it actually<br />

results in lower prices charged by the organisations<br />

and in a harmonisation of processes - in particular<br />

for cross-border trades.<br />

At the same time, we can envisage that <strong>com</strong>mon<br />

foundations will gradually be laid down, on<br />

which the development and innovation of financial<br />

markets may be built. The necessary control<br />

and management of systemic financial risk and the<br />

continual search for economies of scale in non<strong>com</strong>petitive<br />

sector functions will certainly justify<br />

initiatives such as Target 2 Securities (T2S), proposed<br />

by the ECB and the main central banks in<br />

the Euro Zone. T2S could be a <strong>com</strong>mon European<br />

platform for secure settlement (in central bank<br />

money) in 2013, and is therefore attracting widespread<br />

support from financial institutions operating<br />

in the Euro Zone, including CACEIS @<br />

?<br />

outlook)<br />

Eric Derobert,<br />

Head of Market Infrastructures


( outlook<br />

Anne Landier-Juglar,<br />

Head of <strong>com</strong>pliance ;<br />

Priscilla Murray Brown,<br />

General Counsel and Chief Compliance<br />

Officer (Bermuda) ;<br />

Marie-Andrée Bonnet,<br />

Head of Regulations Watch<br />

Laurent Murier, Risk & Compliance<br />

Manager (Switzerland).<br />

ADVANTAGES<br />

DISADVANTAGES<br />

no. 13 - march 2008<br />

Performance Fees: good practices<br />

Drawing on its practical<br />

experience in managing all types<br />

of onshore and offshore funds in its<br />

various locations, CACEIS would<br />

like to outline its informal<br />

observations.<br />

A table summarising the benefits and disadvanta-<br />

ges of the different methods and a table with sta-<br />

tistics highlight this review. The regulatory aspects<br />

are also referred to, in particular the recent changes<br />

proposed in Switzerland.<br />

THE THrEE mAIn mETHoDS<br />

Classical<br />

A provision is calculated on net asset value at each<br />

valuation date and is applied to all the existing units<br />

in the fund at the time of calculation. The provision<br />

depends on the performance as measured against<br />

the reference NAV, or “existing high water mark”.<br />

Whenever the fund performs positively or outperforms,<br />

variable management fees based on the<br />

latest NAV are paid to the management <strong>com</strong>pany,<br />

usually annually.<br />

The calculations generally used result in the following<br />

formula:<br />

(Gross asset value on the valuation date – reference<br />

NAV) x (variable fee rate) x (number of units<br />

in issue).<br />

It may be provided that the performance accruing<br />

to unit-holders redeeming their units crystallises;<br />

even if the NAV decreases at the year-end valua-<br />

CLASSICAL METHOD SERIES EQUALISATION<br />

Easy to understand<br />

Easy to implement<br />

Applicable to daily valuations<br />

Applicable to collective investment schemes<br />

with unregistered units intended<br />

for the general public<br />

Single NAV at each valuation date<br />

Potential inequality of treatment<br />

of unit holders<br />

tion date, the fees corresponding to units redeemed<br />

by unit-holders remain due to the management<br />

<strong>com</strong>pany.<br />

units issued in series<br />

This method takes account of the performance<br />

accruing to unit-holders who invested at the same<br />

subscription date. It involves creating a <strong>new</strong> series<br />

of units at each valuation date when a <strong>new</strong> subscription<br />

is made. A net asset value is <strong>com</strong>puted for<br />

each independent series, with each series having<br />

its own performance.<br />

At the end of the reference period, if the NAVs of<br />

the series are higher than their reference value, the<br />

series that have been issued throughout the period<br />

may be converted on the basis of the net value of<br />

the unit in the initial series, after payment of the<br />

performance fees.<br />

Equalisation<br />

This method uses a single NAV and requires an<br />

adjustment for each <strong>new</strong> subscription, depending<br />

on the position of the NAV:<br />

> If an investor subscribes to the fund at a time when<br />

the gross asset value is higher than the existing<br />

high water mark, the investor pays a sum known<br />

as a “credit equalisation”. This credit is then tracked<br />

until the end of the reference period or until<br />

redemption.<br />

> If an investor subscribes to the fund at a time when<br />

the gross asset value is lower than the existing<br />

high water mark, the investor agrees to pay a fee<br />

if the value of the fund increases, up to the reference<br />

value as a maximum.<br />

More equitable treatment of unit-holders More equitable treatment<br />

of unit-holders<br />

Single NAV<br />

Complicated to understand,<br />

but less so than the credit equalisation method<br />

For a given date, there are several NAVs, which<br />

could be confusing for an investor subscribing<br />

at different times<br />

The most <strong>com</strong>plicated method<br />

to explain<br />

Administrative and accounting costs are greater because of the need to keep a register<br />

and perform multiple calculations<br />

Not usable for daily NAV calculations<br />

Unit-holders must be recorded in a register<br />

8.


9<br />

Practices observed, by centre and product<br />

Proportion of funds<br />

with performance fees<br />

Proportion applying<br />

traditional method<br />

Proportion applying<br />

the series method<br />

Proportion applying the<br />

equalisation credit method<br />

THE rEGuLATory EnVIronmEnT<br />

FRANCE LUXEMBOURG SWITZERLAND<br />

OFFSHORE<br />

8% of total<br />

98%<br />

In france, the AMF sets the limits and conditions.<br />

(General Regulation of the AMF, articles 314-78,<br />

413-9, and 413-30). Collective investment sche-<br />

mes can include a variable, performance-based<br />

fee <strong>com</strong>ponent, provided that:<br />

1) it is expressly provided for in the scheme’s sim-<br />

plified prospectus;<br />

2) it is consistent with the investment management<br />

objective as set forth in the prospectus;<br />

3) the share of outperformance allocated to the<br />

management <strong>com</strong>pany must not induce that<br />

<strong>com</strong>pany to take excessive risk with regard<br />

to the investment strategy, investment objec-<br />

tive and risk profile set forth in the scheme’s<br />

prospectus.<br />

The AMF has stated that there is no maximum as<br />

regards the share of the outperformance attributed<br />

to the management <strong>com</strong>pany.<br />

A ceiling may be placed on these fees, which are<br />

paid annually at the latest. A provision for fees<br />

must be made at each NAV calculation.<br />

In July 2005, an AMF circular authorised the use<br />

of the credit equalisation method for some collective<br />

investment schemes (funds with streamlined<br />

investment rules (ARIAs), contractual funds, funds<br />

with registered unit-holders, funds with no distribution<br />

of earnings).<br />

In Luxembourg, there is no official standard, only<br />

good practices consisting in submitting the calculation<br />

formula to the CSSF for prior validation.<br />

In Switzerland, the Federal Banking Commission<br />

(CFB), has set out the 15 conditions that per-<br />

19%<br />

na<br />

62% of total<br />

100%<br />

100% of hedge funds<br />

0% of funds de funds<br />

30%<br />

0% na na 65%<br />

2% na na 5%<br />

no. 13 - march 2008<br />

formance fees should satisfy in principle in<br />

its Directive of December 14th, 2005. The CFB<br />

announced a consultation period until January<br />

25th, 2008 to change this regulation<br />

“After having discussed the necessity and scope<br />

of regulation in this area, the Federal Banking<br />

Commission has decided, with respect to performance<br />

fees, not to issue regulations in this area<br />

and to leave market participants to set the criteria<br />

for payment of such fees, which should be<br />

clearly disclosed in collective investment scheme<br />

documents.”<br />

In other centres such as Bermuda, the Cayman<br />

Islands, the British Virgin Islands and the Bahamas,<br />

there is no precise regulation of performance<br />

fees.<br />

In SummAry, SomE prInCIpLES<br />

mAy BE noTED<br />

> The method should be described correctly and<br />

examples of the calculation should be given,<br />

to avoid interpretation and opening the way<br />

to disputes;<br />

> The same calculation method should be kept,<br />

in order to offset benefits and disadvantages<br />

over time.<br />

Promoters and investors must pay attention to<br />

whether detailed information is provided that<br />

corresponds to the chosen method. Finally, the<br />

registrar and depositary must provide reliable<br />

information, enabling reconciliations to be made<br />

with the fund’s accounts @<br />

outlook)<br />

In France, where there are still<br />

not many hedge funds, the<br />

traditional method remains<br />

preponderant, stating that fees:<br />

often crystallise at the time of<br />

redemption;<br />

are paid annually, either at the<br />

period end or at fixed date;<br />

are rarely subject to a ceiling.<br />

In most jurisdictions,<br />

performance fees are<br />

approximately 20%.


( events<br />

( Forums<br />

no. 13 - march 2008<br />

cacEIS Trading Desk<br />

RSVP avant le 18 janvier 2008<br />

Juliette Bernard<br />

Communication CACEIS<br />

on January 22nd 2008, Breakfast<br />

1-3, place Valhubert<br />

75206 Paris cedex 13<br />

Tél. 01 57 78 18 20 – Fax. 01 57 78 13 14<br />

Email : juliette.bernard@<strong>caceis</strong>.<strong>com</strong><br />

Seminar regarding products<br />

Hôtel Bristol<br />

Hôtel Le Bristol<br />

112, rue du Faubourg Saint-Honoré<br />

information in Paris was held in<br />

75008 Paris<br />

Métro : Saint Philippe du Roule - Miromesnil<br />

the Bristol hotel.<br />

Guillaume fromont, Member of the Management<br />

Contact<br />

Board of CACEIS, introduced Développement Commercial this quarterly<br />

Patrick Lemuet<br />

01 57 78 10 78<br />

patrick.lemuet@<strong>caceis</strong>.<strong>com</strong><br />

event.<br />

Gilles normand, Director of Treasury and Forex,<br />

highlighted the global offer that can be tailored<br />

to each client’s profile of the Group.<br />

He outlined the benefits of a front to end processing<br />

reducing costs and risks by integrating trades<br />

in CACEIS’ custody and fund administration systems.<br />

He also gave examples of the large range<br />

of financial instruments maximizing revenues of<br />

client’s portfolio.<br />

The panel of judges was made up of <strong>com</strong>munication<br />

and advertising directors. They particularly<br />

appreciated the targeted message, the<br />

daring and creative campaign. They acknowledged<br />

the overall coherence with the other Group’s<br />

P e t i t - d é j e uner d’infor m a t i o n p r o d u i t s d e C A C E I S<br />

CACEIS’ dealing room experts detailed the<br />

services:<br />

> David ranc, Head of Sales for Treasury and<br />

Forex;<br />

> Sylviane fuzewski, Head of Securities lending,<br />

for Securities lending;<br />

> Aurélien Sauvage, Institutional Sales, for<br />

Structured products @<br />

Gold Top <strong>com</strong> award for the cacEIS’ advertising campaign<br />

CACEIS has just been recognised<br />

by a Gold Top Com award for the<br />

quality of its advertising campaign<br />

”frog power”<br />

<strong>com</strong>munication media and strategy. CACEIS was<br />

selected from a file among 350 other applications<br />

sent this year.<br />

This <strong>new</strong> advertising campaign was launched<br />

last summer during the Fund Forum. It hits two<br />

main targets: increase the CACEIS’ brand recognition<br />

(particularly on the international markets)<br />

and highlights its leadership ranking in the<br />

French market.<br />

CACEIS differentiated look to the traditional codes<br />

of the financial sector. The humour, unmistakeable<br />

to any British person, lay in its highlighting of the<br />

age-old identification of the French as frogs, and it<br />

was given a further level of irony through its use by<br />

a French <strong>com</strong>pany… Its also a glance to enhance<br />

its benefits in an international sector.<br />

Our frog was immediately adopted by our clients,<br />

notably during the Fund Forum and Sibos 2007<br />

events. Since then, it has been displayed on other<br />

<strong>com</strong>munication media (website, promotional items,<br />

publications).<br />

This Gold Top Com award is strengthening CACEIS<br />

in this innovative <strong>com</strong>munication target @<br />

10.


11<br />

( conferences<br />

Super return 2008<br />

February 26-28<br />

Munich<br />

Vincent Beaujeu-Dumontel,<br />

Sales Manager, “Efficiency<br />

in Private Equity servicing”<br />

( Press review<br />

Global Investor<br />

December 2007 - January 2008<br />

Interview of José Benjamin Longrée,<br />

Managing Director, CACEIS Bank Luxembourg<br />

“Ucits go global”<br />

Gestions Alternatives<br />

January 2008<br />

forum Gi<br />

March 11-12 - Paris<br />

franck Delbès, Head of Fund<br />

accounting, CACEIS Fastnet,<br />

“What are the <strong>new</strong><br />

challenges for asset<br />

managers, investors, and<br />

fund administrators faced<br />

with the <strong>com</strong>plexity of<br />

financial instruments”<br />

“CACEIS Capital International”<br />

BAI Investor Conference<br />

Hedge fund Summit<br />

March 10-11<br />

Frankfurt<br />

Heike findeisen, Business<br />

Development Director,<br />

“Private Equity”<br />

Investor Services Journal<br />

February 2008<br />

Interview of Etienne Carmon, Head of<br />

International Product Development,<br />

“Tales from transfer agency”<br />

fT mandate<br />

February 2008<br />

ALfI Conference<br />

March 18-19<br />

Luxembourg<br />

fund forum Asia<br />

April 14 -16<br />

Hong Kong @<br />

no. 13 - march 2008<br />

raymond morrison, Chief Executive Officer of<br />

Olympia capital (Bermuda) Limited<br />

“Hedge funds’ flexible friend“ @<br />

events)


This <strong>new</strong>sletter has been produced by<br />

CACEIS. CACEIS cannot be held<br />

responsible for any inaccuracies or<br />

errors of interpretation, which this<br />

document may contain.<br />

We hope you enjoy this Newsletter<br />

also available in french and would be<br />

very pleased to hear from you if there<br />

are other topics that you would like to<br />

see included.<br />

Philippe Naudé<br />

Market Information Manager<br />

+ 33 1 57 78 10 68<br />

philippe.naude@<strong>caceis</strong>.<strong>com</strong><br />

for further information on our products<br />

and services,<br />

please contact<br />

our relationship managers<br />

Publishing Director:<br />

Régine Besnier-Docet<br />

Editor:<br />

Philippe Naudé<br />

Design: Sylvie Revest<br />

Photos credit: Yves Maisonneuve,<br />

Grégoire Korganow (Agence Rapho),<br />

Yves Langlois, FOTOLIA, iStockphoto.<br />

Printer: GRAPH IMPRIM<br />

Number ISSN: 1952-6687<br />

www.<strong>caceis</strong>.<strong>com</strong><br />

BELGIUm<br />

Fastnet Belgium<br />

Avenue du Port/Havenlaan<br />

Site de Tour & Taxis<br />

86C Bte 320<br />

B-1000 Brussels<br />

+32 2 209 26 00<br />

BErmUDa<br />

olympia capital (Bermuda) Limited<br />

Williams House<br />

20 Reid Street<br />

Hamilton HM 11<br />

+1 441 292 1018<br />

Winchester Global Trust <strong>com</strong>pany Ltd<br />

Colombia House<br />

32 Reid Street<br />

Hamilton HM 11<br />

+1 441 296 2000<br />

canaDa<br />

oc Financial Services Inc.<br />

Toronto<br />

1 Robert Speck Parkway<br />

Suite 1510<br />

Mississauga L4Z 3M3, Ontario<br />

+1 905 281 0001<br />

Halifax<br />

CIBC Building<br />

1809 Barrington St.<br />

Suite 1304<br />

Halifax B3J 3K8, Nova Scotia<br />

+1 902 482 3039<br />

FrancE<br />

cacEIS Bank<br />

1-3, place Valhubert<br />

75206 Paris Cedex 13<br />

+33 1 57 78 00 00<br />

cacEIS Fastnet<br />

1-3, place Valhubert<br />

75206 Paris Cedex 13<br />

+33 1 57 78 00 00<br />

cacEIS corporate Trust<br />

14, rue Rouget de Lisle<br />

92862 Issy-les-Moulineaux Cedex 09<br />

+33 1 57 78 00 00<br />

GErmanY<br />

cacEIS Bank Deutschland Gmbh<br />

Munich<br />

Lilienthalallee 34-36<br />

D-80939 München<br />

+49 89 5400 00<br />

Hamburg - Branch Office<br />

Alter Wall 2<br />

D-20457 Hamburg<br />

+49 89 5400 00<br />

IrELanD<br />

cacEIS Bank Luxembourg<br />

Dublin Branch<br />

ABN Amro House<br />

International Financial Services Centre Dublin 1<br />

+353 1 672 16 00<br />

Fastnet Ireland Limited<br />

ABN Amro House<br />

International Financial Services Centre Dublin 1<br />

+353 1 672 16 20<br />

olympia capital (Ireland) Limited<br />

Harcourt Centre, 6th Floor, Block 3,<br />

Harcourt Road, Dublin 2<br />

+353 1 418 07 00<br />

LUxEmBoUrG<br />

cacEIS Bank Luxembourg<br />

5, allée Scheffer<br />

L-2520 Luxembourg<br />

+352 47 67 9<br />

Fastnet Luxembourg<br />

31-33, avenue Pasteur<br />

L-2311 Luxembourg<br />

+352 47 67 29 00<br />

nEThErLanDS<br />

Fastnet netherlands<br />

De Ruyterkade 6<br />

1013 AA Amsterdam<br />

P.O. Box 192<br />

1000 AD Amsterdam<br />

+31 20 530 83 00<br />

Dutch Trade Register N0 33193354<br />

SWITZErLanD<br />

cacEIS Fastnet (Suisse) S.a.<br />

Chemin de Précossy 7/9<br />

Case Postale 2259<br />

CH-1260 Nyon 2<br />

+41 22 360 94 00<br />

USa<br />

olympia capital associates L.P.<br />

295 Madison Avenue<br />

5th Floor<br />

New York, NY 10017<br />

+1 212 403 9500<br />

> Stand F34<br />

www.<strong>caceis</strong>.<strong>com</strong>

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