Subprime Loans and Crisis Management Part.2

In recent past the two assumptions above are not true:

* Declining housing market reduces the value of the mortgaged property falls below the debt
* Rising interest rates makes debt burden too heavy for a fragile population.

Moreover, these loans were sold with an initial period of 2 or 3 years with a fixed prime. Loans issued in 2004 and 2005 (time of highest award) so arrive at the end of this period and must be reattached in 2007, triggering a wave of defaults.
If the mechanism occurs on a large scale, the financial institution as a whole is threatened.


To optimize their use of capital, banks that granted these loans have securitized all or part of their subprime loans primarily through CDO or RMBS and this, with the blessing of most credit rating agencies.
Yields offered have attracted all investors: hedge funds but also the more traditional asset managers. Funds that meet today's challenges are mainly dynamic money market funds, which could offer higher yields, not more sophisticated hedge funds.

Defects increasing the sub primes, the value of credit derivatives is greatly reduced. The managers are then unable to calculate the value of their background, including lack of exchange of the instruments. They then suspend trading, causing investor panic. They wish to sell then all turn, forcing managers to temporarily close the funds until better days.

The funds that have affected not closed had to find cash to meet withdrawals; they then sold the only liquid assets, the shares resulting in lower market share.

Finally, some banks are highly exposed through their funds (including the German bank Sachsen LB, IKB, BBW, etc...) Must meet their losses and introduce and suspicion on the entire area causing tensions in the interbank market.

Subprime Loans and Crisis Management Part.1

In early summer, those fears were fueled by a potential overheating in China and more widely within the BRICs. But it is the first economic and financial power that the crisis began. The crisis is termed as "subprime loans" in the United States.

Indeed, the media outburst is over from negative expectations that cannot be definitely confirmed that over the medium term.

The loans are subprime mortgage loans to counterparties particularly risky, satirically nicknamed "NINJA" (No Income, No Job or Asset). These loans are secured by the good they have to acquire and pay high interest rates that can exceed 10%.

The difficulties faced by two million borrowers in the U.S. and the resulted crisis is the result of two factors:

1. shortcomings in terms of risk assessment borrowers
2. an extensive use of securitization

Origin of the crisis: a failure in terms of risk assessment borrowers

The montages were created based on two strong assumptions:

* Interest rates are permanently down for the duration of the funding that exceeds 25 years in most cases,
* The loan amount is based on a steady growth in the future value of the asset financed.

Funding in place thus follows a logical assessment of market risk (the value of the asset financed), not a logical assessment of credit risk (the risk assessment of default by the borrower) as it is common, especially with the introduction of regulatory reforms such as Basel II credit. Out the regulatory environment in the United States does not in this sense, since they are only 20 large banks operating internationally, which will comply with Basel II. Other credit institutions will be subject to a lighter frame (called Basel IA), whose implementation is planned for 2009 (2007 in Europe).

The Operations "carry trade" Part-3

This trend leads to a significant increase in financial markets, coupled with a loss of the concept of risk in the minds of market players due to a depletion of non cash flow. However, a decline in performance in the financial markets, a sudden reversal of the markets, would cause substantial losses for investors, given the high level of leverage and risk now supported in the carry trade. Such a situation would cause a repositioning of investors and a concomitant rapid unwinding of positions in many currencies.

The decrease in the level of liquidity resulting from this movement would affect all markets and could be the detonator of a currency crisis or a global economic crisis in the world.

The same situation was experienced in 1997-1998 in Asia, while the yen carry trade operations were already in place and that the Russian market, to be distributed, had fallen sharply. Today the extent of yen carry trade is more important and the crisis would reach Europe and the United States, countries in which investments are made.

In a context of continued increase in European markets and U.S. growth of risk borne by financial transactions recently implemented, Japanese monetary policy is closely watched by central banks. To prevent slippage of financial markets, a gradual closing of the "tap" cash is needed and must go through a rate hike. However, the continued movement deflation in Japan does not justify a significant rise in interest rates. Japan cannot afford to hire a real policy of monetary tightening; the Bank of Japan announced Feb. 21 an increase in the rate of 0.25% and should not go much further in the short term.

Several questions arise: what are today the real levers available to the Bank of Japan? Central banks have they yet have the means to weigh on global liquidity? Is it too late to avoid the worst?

The Operations "carry trade" Part-2

Currently, the carry trade the most developed is the yen carry trade, however, note that there are also such operations on the Swiss franc. For investors, the yen carry trade is interesting on two levels: first because of the difference in rates (the Bank of Japan lends at a rate of 0.25%, while investors can invest this money to rates above 5% in England and the United States); the other due to the depreciation of the yen during the duration of the operation.

The situation faced today was introduced by Japan's economic policy. Following the crisis of the 2000s, Japan and the United States and Europe have dropped their rates significantly in order to avoid an economic slump. However, if the United States and Europe have been sharply reversed the trend, growth in Japan that has developed since then have been accompanied by a sharp reduction in unemployment, low wage growth but to no inflationary pressures, the Bank of Japan was not forced to change its monetary policy and rates remained extremely low (0.25%).
The interest rate spread, which has gradually opened up between the rates of Western central banks and the Bank of Japan caused the yen carry trade phenomenon. The main actors are just to take this opportunity, especially as comfortable as it is artificially maintained by the Japanese central bank and no sign of change seems to appear.

The current danger is that the carry trade is no longer limited to play on differences in rates, but it greatly increases the global liquidity by moving the pockets present in economies with weak currencies to countries with high rates. The yen is borrowed in dollars, pounds sterling, Euros ... then invested in operations with high leverage.

The Operations "carry trade" Part-1

The port - or carry trade - is a relatively simple operation which is to take advantage of a gap in performance between asset classes: asset borrowed at low rates are placed in high-yield assets. Today, the phenomenon has grown strongly on the yen, becoming problematic. that evidenced by recent calls from the President of the Eurogroup, Jean-Claude Juncker, and many analysts, asking the President of the Bank of Japan to reconsider its policy. They do not seem to find echoes in Japan, but show an awareness of the danger generated. However, failure to report the problem exists at the conference of the G8 does not seem to be in line for a quick response.

The carry trade exchange, a concept theoretically unworkable in the long term. A currency carry trade involves borrowing in a currency in a country where rates are low, to change the money into a currency "strong" and place it high (treasuries ...). Theoretically, the operation of the arbitration process is ephemeral because the markets are efficient (at each moment is a financial security to its price) and rebalance through exchange rates and interest rates.

In addition, because of the rule of parity uncovered interest rate, the interest of such an operation is theoretically zero. Indeed, a difference in rates between two countries reflects inflation differentials. But these differences are offset by a realignment of exchange rates. Thus, when an investor speculates on the difference in rates observed between the two countries, he loses the same value on the exchange. That said, sometimes the law does not hold in practice and that the currencies of countries with low rates and suffer the opposite effect depreciate. This is the case of the yen, which reached historic lows against the U.S. dollar and the euro.

The quality indicators

Quality indicators of user processes (Drivers main directions of the risks, liabilities, financial, marketing, commercial)

As part of the approval process with Basel 2 instances of trust, quality indicators should focus mainly on:

* The validity of the SI risk management
* The performance score of grant, the organization of the rating systems and delegation
* Compliance with the risk strategy in terms of authorization and action limits

These include examples of indicators as the rate of customer doubtful with a healthy note, the rate of third unrated or with a note too old, or the rate of others rated their group.

To control effectively the quality of each indicator, it is essential to have previously defined a responsible business and responsible SI (the MOA) on each of the data information system.

The process of defining indicators is iterative, since the priorities may change based on improvements. To control them properly, it is preferable to retain only 10 in the first place. The dashboard can be enriched progressively as the process will be better understood by employees and more mature. For an effective control, must not exceed twenty indicators, which requires the definition of an arbitration process indicator to be adopted.

Once the dashboard as defined with the various indicators chosen, it must be operated and monitored on a recurring basis. Identified as significant variables of a state, the indicators need to restore an image quality of the management of risks by focusing on the area’s most sensitive to the context and business goals. As a minimum, an annual review to define the quality policy to hold, but the quality is a daily challenge; do not forget to make some adjustments over the water...

Definition of Indicators

The definition of indicators based on the combination of an empirical, research-based elements of non-quality in the device in place, and a theoretical approach, having as a starting point to identify key parameters management customer risk:

To invest in the improvement actions that correct the non-quality aspects of the most sensitive, the first step is to build a balanced scorecard indicators are most representative. It is an indispensable asset to the achievement of a critical diagnosis and appropriate vis-à-vis business strategies (risk, marketing, sales ...) defined. While some indicators can be retained only for statistical purposes, the others must be action-oriented: this means they must be involved in a lens quality (which will result in the definition of alert thresholds or levels of expected results ...) and an action plan to achieve the objective. The role of each business direction and / or SI concerned to arrive at the expected level of quality must be so in a charter previously defined: it is one of the key success factors of the process.

Identify the characteristics of the third party repository brings out the different types of people (customers, prospects, guarantees ...), information (customer classification, signs of third party monitoring bodies ...), for which the required quality levels are not necessarily the same. Two examples: the rate of duplication, including the reduction can improve the consolidation process and risk capital allocation, the rate of third parties not identified as an affiliate of the bank, resulting in poor consolidation risk on intra banking group.

Reliability Of Shares

Shares of reliability, often initiated by the trades and in consultation with the project owners, are intended to identify areas of non-quality, identify the causes and identify pragmatic ways to mitigate or delete.

The first actions are almost always in the form of manual corrections. These projects mobilize substantial charges to align the repository with the reality-duplication, enhancement or correction of signs, etc ... In addition, these actions if they can have a satisfactory short-term, must be renewed frequently to maintain quality and fight against the progressive drift.

In the long run, it is best to think of more sustainable solutions and, in this regard, the levers are very diverse appointment of quality managers in the contributing entities, workflow validation of customer data, standardization of concepts , comparisons with external sources, management of several criteria of uniqueness ... The possible solutions are many but their cost, period of implementation and impact on data quality is variable. However, the prioritization of these actions is often subjective: some effects more "visible" are given priority while others are ignored because their quality impacts are unknown.

The success of the business plan requires a continuous improvement in performance. It should be laid down in processes that involve the third party repository, a real cornerstone of the IF bank. Based on the quality approaches used in industry (six-sigma, Total Quality Management ...), the virtuous cycle is divided into five phases: definition of indicators and quality objectives of the standard, indicators measuring, analyzing results, identifying actions to improve the quality control of the effect of implemented solutions. We propose in this article, to limit ourselves to the first two phases that we consider most important.

Operative management - data quality

The importance of data quality in the operative management of counterparty risk.

Despite the efforts made by financial institutions to ensure compliance with the Basel 2, the internal audits and supervisory bodies highlight gaps in devices management customer risk.

Beyond the third scoring models in place to comply with regulations, financial institutions must continue efforts to ensure a sustainable level of quality control and so effectively and Reliable customer risk. If there are relatively simple and fast to improve data quality, only a comprehensive approach and equipped keeps this level over time and create a culture of quality in financial services, with the image of the industry.

The banking and financial regulation on the internal control of credit institutions and investment firms provides an outline of points to watch it should be integrated within the device management of counterparty risk.

To ensure compliance with regulations and ensure the proper level of control internally, branches wish to have the core quality indicators ensuring the validity of the information system risk management, validating the defined risk strategy and organization established to cover the risk client. The only way to dispose of is to use information systems to provide a quantitative analysis, but the relevance of these indicators is based on the quality of the IS.

System-level information, the presence of duplicates, unreliable links or combinations obsolescence of client identification are some examples of non-referential quality of the third most frequently cited. If they do not prevent the IF function, these problems can have a significant impact on end users and in particular the process of consolidating risks, commercial pilot, the fight against money laundering and grant decisions.

About Cross- Selling

The cross-selling as a catalyst for customer loyalty: state of the art of good practices. Faced with increased competition, banks and insurance companies must continually strengthen relationships with their customers. While 1 / 3 of the people have accounts in several banks (IREQ 2006), the challenge is to become the main bank or insurance client.

One way to be the leader is to increase the rate of multi-ownership: the interest is to provide diversified products to the customer to capture it while ensuring sufficient profitability during its life cycle. That is to increase revenue per customer (cheaper than acquiring new customers) by increasing the products held by clients and services sold.

The transformation of the sector as the penetration of bank assurance, the Assurfinance, and banking-real estate agency promotes more cross-selling. Through tailor-made pricing, offers and services can be complementary and beneficial to customers who already own one or more products and thus meet all their needs (offer a discount on the purchase of a coupled auto and home insurance or credit coupled with car insurance, etc ...)

The additional sales are based on an understanding of the client, and updated as and when relationships are maintained. They depend on the life of the client's potential risk (credit risk) and value ("life time value"). The option to develop the relationship with customers most willing to deepen and extend this relationship is vital.

To stimulate the use and income of customers, relationship marketing must move towards a proactive logic by exploiting business opportunities with specific offers that will be triggered through key moments in the client's life: a real estate purchase, a change of vehicle a termination, etc .... These can be transmitted to the client, on the one hand, in "push" or direct marketing (eg on the web, it displays the customer area of the loan amount for which he is eligible, without having make any loan application), and second, in "pull" or sales rebound as enjoy a call from the client to provide a product or service selected by the system depending on its characteristics.

The Private Equity, a market with strong growth driver - part IV

This dynamic cache, however, concerns related to the evolution of the activity. One of the first consequences of market development of private equity buyout is the generalization of so-called secondary, tertiary and even quaternary view, consisting of leveraged acquisitions of companies already owned by one or more other funds. In 2006, the third type of LBO acquisitions was made through these resale between funds. This type of assembly raises serious concerns particularly related to the high level of debt in these successive operations, which raised fears of a bubble bursting. Indeed, the succession of holding recovery strengthens the total weight of debt in financing the acquisition. But a classic LBO average 70% funded by debt. We can now understand the anxieties expressed about the level of debt when several successive LBOs are made on the same entity.

On the other hand, in a context of rising interest rates, the sector should experience difficulties, but still far from an economic downturn. Indeed, this market should continue to grow in the coming years, particularly in France where many companies are to sell, LBO funds have gained credibility recognized, will no doubt key players in the market.

The number of mega deals (ie acquisitions exceeding the one billion Euros) is more important, the private equity funds have no choice but to raise more funds. This requires, of course, on the one hand by increasing the resources collected from traditional capital providers. But also, for the sake of being less dependent on suppliers of capital and at the same time less sensitive to changes (particularly increased) interest rates on financial markets, the alternative "fund raising" on the stock market seems obvious. The money, usually so discrete and whose activity is based on the original financing of non hand, may now be found in the coast!

The Private Equity, a market with strong growth driver - part III

Then, the low cost of debt, due to low interest rates, gives montages leveraged a significant advantage over other types of acquisition financing transactions. They are based mainly on debt financing of target companies, the current environment when they are particularly favorable to more easily identify a margin between the cost of debt and the return on assets under management. However, this cannot alone suffice to explain the strong growth in activity. Private equity has above all recognition in the governance model in place in companies come under LBO financing. These companies are generally better managed and better valued, and even if some failures can be reported (ten more than 200 annual operations in France), we must recognize that the default rate of the sector is quite low and few are examples of clashes in the area of corporate governance.

Governance is indeed one of the key parameters of a company came under LBO financing. To repay debt must quickly generate cash flow. However, it is recognized that improving the economic value of a target company depends, in large part by the optimization model that will be applied. Therefore, LBO funds agree, from acquisition, to establish a mode of corporate governance more efficient and take the form of a greater focus, accountability of management (generally a shareholder as a result of the operation) and optimization of financial assets.

The Private Equity, a market with strong growth driver - part II

The Private Equity, also known financing LBO (Leverage Buy-Out) groups for its funding and leveraged acquisitions of target companies, usually mature companies with strong growth potential. LBO funds - often associated with managers of the target - develop installation and operation of acquisition of the company with the objective to remain the capital of the latter ideally between 5 and 10 years while significantly improving the result of the business recovery. The solutions for output or funds are then variables: initial public offering, taken over by another fund, an industrial sales ...

Born in the USA, in the 60's, with the purchase by McLean Industries Inc.. Waterman Steamship Corporation, this type of acquisition has been truly popular in the '80s under the aegis of funds such as KKR who have made significant transactions in the image of the acquisition of RJR Nabisco for more 36 billion dollars (which was then the first landmark LBO). The event was followed by a steady evolution for twenty years, but no relation to the recent explosion.

This momentum is the result of a combination of several positive key factors. The first of these is an abundance of liquidity in financial markets. Attracted by high yields (15-16% on average), liquidity providers (banks and insurance institutions, pension funds and private wealth) do not hesitate to fill the capital market allows investors to raise funds more increasingly important. Direct consequence, the number of LBOs has increased but more importantly, the number of very large transactions (over one billion Euros. SMEs are no longer the only target of LBO financing transactions, large groups of interest to certain funds, particularly in terms of business management. So after the frenzy of acquisitions recorded in recent years, these groups now intends to liquidate their related activities generate higher margins.

The Private Equity, a market with strong growth driver

Private Equity market has been experiencing four to five years an unprecedented dynamism. The figures for 2006 speak for themselves:

* 71% growth in business volume in 2006

* 71 billion of funds raised in 2006 or 22% over 2005

* 208 LBOs carried out in France in 2006, with two thirds of companies less than 100M € turnover,

* 1.5 million people now work for a company in France came under LBO, 9 to 10% of private sector employees,

Private equity is one of the five main areas of activity of the market says private equity (intervention in the capital of unlisted companies generally to achieve horizon 3-10 years of strong capital gains), other activities are:

* Seed capital (or seed money) which represents the first stage since it is for investment projects still in its infancy, funded in order to develop a technology still in R & D to enable to go forward to a potential market,

* Venture Capital, also known as the Venture Capital (VC), which translates into a capital in innovative companies, being in the early stages of development and which have a high growth potential but also a very high risk,

* Capital development which is a capital contribution in companies with strong growth but at a more advanced level of development that target companies for venture capital, they are usually companies who have strong financing needs through equity,

* Capital reversal of investing in troubled companies to put in place a recovery plan.

The variations in multi- channel strategy

The challenges of a multi-channel strategy are varied:

* Analyze the appetite canal of each client to use the appropriate channel.

* Update in real time all the information collected on the client and actions taken by the various channels.

* Provide a customer reference and not a contract or agency and reference different keys depending on the location of the system where you enter.

* Reorganize the network with the integration of multi-channel approach.

* To improve reception and increase the return rate to increase the effectiveness of campaigns.

* Controlling costs for greater profitability: to avoid cannibalization of a channel with one that would raise the cost of distribution for an identical volume of business.

The most delicate issue is to control the consistency of the channels. Indeed, the proliferation of channels only reinforces the risks associated with direct marketing campaigns: a campaign will generate even more inadequate for dissatisfaction it has been sent two or three times through multiple channels. Each pipe has its constraints that can undermine the effectiveness of a marketing campaign. The combination of more channels and interactivity allow them to circumvent these risks. To do this, the use of multi-channel increases the requirement on the supply, logistics, commercial pressure campaigns, performance monitoring and adjustments as well as organizational, process information system.

In conclusion, this multi-channel strategy, which appeared some years ago, remains in the crosshairs of the current issues. We have well established the online insurance cyber banking and have not had the desired penetration in the market. The trend can still be reversed and for the moment, many drivers have yet to be exploited:

* Messaging customized web portals of all institutions,

* The design of targeted advertising based on the behavior of the user,

* Improved tools subscriptions on the Internet and telephone (secure sites: electronic signature ...)

* Agency home with the setting up of terminals advisors.

A Vector of Innovation

The French are increasingly using more online banking with nearly 60% of Internet users who visit the website of their bank. Despite this, the agency remains the focus of customer relationship: 27,435 bank branches were recorded in France at the end of 2006, more than 1,000 additional branches in two years. Also, the banking and insurance from a distance, 100% online, limited for now to a few organizations: foreign banks, some credit institutions and insurance so it is important to link the distribution channels.

Personalize the communication and efficient use of distribution channels following the logic of process costs and customer value is the major axis of a multi-channel strategy. Depending on the objectives, policies can be differentiated.

In this logic, combinations client use x x channel are put forward to maintain the equivalence between the link type of transaction / channel and the link type of customer / channel.

Whatever the entry point used by the client, processes are implemented, depending on the task at hand to guide the client to the appropriate channel in terms of palatability and cost (programs incentives such as offers for online subscriptions).

In addition, indirect methods largely complete the distribution of offers and services such as the Broker (TV operators), the network affinity (automobile association for insurers) and the General Agent as an extension of networks of insurance agencies.

Current Status And Challenges of STP and Asset Managers Part.II

The new drivers of STP - the regulatory and standardization work at European level:
The Giovannini Report in 2003 pointed to weaknesses of the RL at European level concerning cross-border transactions. Regulatory works to address them are underway. They will lead to harmonization of cycles RL (and therefore a shortening of RL in some places), and impose a uniform technique, the different tax and legal depositories (CSD) Europe.

MiFID requires the tendering systems RL Europe, in the fall of 2007. The current model of a settlement made systematically at the CSD in the country of the title, lived. If they want to benefit from the introduction of competition, the players in the securities business (especially the trustees) will have to upset their traditional organization into streams.

Finally, Target 2 Securities project proposes the establishment of a European central depository, in 2012. Current European CSDs will have to focus primarily on the functions of overall conservation (settlement being provided by the system TS2), where they will find themselves in competition with the traditional custodians.

In other words, industrialization goes into high gear. For asset managers, the challenge is twofold: make the most of the opening to competition, and ensure the levels of STP always higher.

Set up middle office function common to different managements (conventional management, alternative investments) and various subsidiaries (foreign, for example) are, for large asset managers, an opportunity to reduce costs and increase operational efficiency. It is also a way to refocus the subsidiaries of their management activities.

Finally, some will choose outsourcing middle-office function. Bet that the trustees, in competition with the CSD in the field of conservation, will benefit from their proximity to the asset managers to develop the services of this type.

Current Status And Challenges of STP and Asset Managers Part.I

In recent years asset managers have conducted I their sites, both led to major changes at the organizational level:

* Changing the middle-office business, which has become a business expert responsible for dealing with exceptions STP
* Streamlining and sometimes processing service contracts vis-à-vis external actors (including custodians), and between internal stakeholders (empowerment of front-office concerning the seizure of deals)

If:

* Increased importance of reference for the automation and control requires reliable baseline data (third values, standard instructions and settlement)
* Formalization of business processes and streamlining the distribution of transactions within the information system.

Regarding the matching of transactions and settlement, patterns emerge and process to standardize.

Solutions and centralized automatic matching have emerged as solutions that provide the best rates of STP: 85% of the deals are confirmed on the day when the confirmation is done via a solution centralized matching, only 18% when the confirmation is done by back and forth between asset manager and broker.

ISO 15022 (and ISO 20022, which complements it by adding the XML syntax) makes Swift and fill rules SMPG as a standard interface for the exchange. The standard requires disclosure of such details of RL brokers in the IRL messages sent to custodians.
That said the levels of STP are highly variable, depending on the types of instruments.
For classical instruments (equities, fixed income, forex), the rate of STP is good and almost exclusive breaks STP cross-border transactions and are often caused by contact settlement brokers. The improvement involves the emergence of a global repository recognized by all and a standardization of data exchange between partners. Meanwhile, asset managers shall have in place reference coordinate RL brokers, administered manually.
On the other hand, the level of industrialization is low for complex instruments (derivatives futures, credit derivatives, OTC instruments, etc.). Several obstacles: the lack of standards and "market practices" in terms of formats and exchange protocols; gaps in modeling and benchmarks in information systems, the pace of innovation in front office. The STP is not always possible or appropriate, it requires as a prerequisite to the emergence of standards for external trade, and urbanization work and standardization of trade and in-house repositories.

Opportunities for Custodians

We have watched the race in critical mass which was played at major conservative fund.
And later, we make the following observations:

* the trend towards concentration is more than ever in progress, especially for cross-border acquisitions. As such giants seek the conservation targets of all sizes very small (e.g. BPSS acquisition activities Exel bank ,Spain)
* Most major conservatives have seen their assets under management grow by 50% due to acquisitions of domestic and border ..
* The stability of the classification of the great conservative movement despite the concentration
* the gradual disappearance of the small conservative (a few billion Euros of assets under management). As such, it is clear that the deployment of value-added offers (MO Outsourcing, Pricing OTC ...) but also the increasing complexity of financial instruments makes it difficult to maintain small structures.

The last major change is semantic; we do not talk anymore but preservation of securities services to investors...

Micro Insurance, Natural Complement of Microcredit Part.III

The combination takes advantage of this special role to provide support (including legal) in the Proceedings of the insured. Conversely, insurance products are best developed on the basis of specifications drawn up according to the needs and financial capacities of micro entrepreneurs by insurers who have the expertise and capital required.

It is clear that the design of the two products presented above are based on models of traditional products of insurance (liability, property and casualty business,) well understood by insurers and distribution models have proven otherwise.
The innovation of this type of product then essentially comes from the mix design "optimized" (an insurance policy and a simplified marketing price equal to the cost of production) and distribution of "proximity" (accompanied by networks of initiative Economic and associations).

The need for micro-entrepreneurs in terms of insurance is not new and one wonders why such offers micro insurance was not developed earlier. According to Mr. Schinzler, Chairman of the Supervisory Board of Munich Re, "the premium income is low administrative costs are relatively high and the infrastructure is lacking, as many arguments justifying the lack of interest of professional insurance for this market".
Micro insurance, such as microfinance as a whole, should not be seen as the broad market of tomorrow huge future profits (insurers partners do not mark-up on products and distribution fees are zero). Today, it should rather be seen as an activity to meet the challenges of sustainable development in Financial Services, a theme which is too often accused professionals of this sector of disinterest. The many recent initiatives in this area show the contrary a real desire...

Micro Insurance, Natural Complement of Microcredit Part.II

This is compounded by a range of options such as auto insurance products or comprehensive household. Lasting up to 4 years, time required for proper insertion into the economic fabric, it is available for less than € 1 per day.
The second offer was launched by AXA and Macif in partnership with ADIE in May 2007. Partly similar to the basic coverage, duration and price, it differs from the previous offer additional guarantees for specific depending on the type of activity. Note, for example, guarantees given for construction activities (from € 1,000 / year) that are legally binding assurances.

It is interesting to note that these offers are based on micro-insurance business model "producer-distributor-guide". To understand this model, back into the mechanisms of insurance. In an offer of insurance, there are three groups of activities involved: product design, sales and service. The design is linked to both the development and pricing to risk management of the insurance portfolio and investment of reserves and annual premiums. The sale includes all activities related to marketing, promotion and sale of the product. The service includes the collection, continuous premiums of policyholders and settlement of their compensation.

In Model "producer-distributor-guide", the producer performs all activities of product development and sometimes after-sales service, while the distributor is responsible for the act of selling the product that was recommended previously by the attendant.
Networks to aid the economic initiative are well equipped to play the role of accompanist, using the leverage of their existing networks and building on already established relationships of trust with the micro entrepreneurs during assembly files microcredit. The staffs of these networks still need to be trained in insurance products to be able to perform its consulting business.
The coach may also carry out the deed, but most often it is the producer or a third actor playing the role of distributor. In the provision of Contractors of the City, aid networks are not selling, they are responsible to the requirements and redirect to the creators of the City Entrepreneurs who takes care of distribution (no commissions) micro insurance products through its association and support the service remaining the sole representative of the member.

Micro Insurance, Natural Complement of Microcredit Part.I

After demonstrating his interest in developing countries, micro-insurance - like micro-credit - investing developed countries. As proof, two offerings aimed at micro insurance. Little publicized the world of micro nevertheless exciting. According to a study of DCASPL, 1 January 2004 there were 2.39 million in France microenterprises alone that too, more than 95% of European companies. All of these micro-employed 5,798,700 people, that is to say one quarter of salaried jobs, and generated the same year more than 8% of exports. In other words, micro enterprises are companies that have real economic importance, and much more, social.

Interesting phenomenon, according to INSEE figures for 2004, more than 220,000 microenterprises have been established. And nearly a third of the creators were unemployed (half for more than a year). That is to say that a large proportion of these newly created small organizations, which are inherently fragile, are supported by people particularly vulnerable.

To address this vulnerability, micro entrepreneurs can find support from actors to promote economic initiatives such as PACE, ADIE. In addition to expert advice, these players offer solutions to meet the needs of two main creators: to finance their project and manage risks.

Broadly, there are three main types of risks faced by micro entrepreneurs:

* The damage that the company may suffer in case of disaster;
* The damage could cause the company to third parties;
* Risks that relate to people (health, disability ...).

While microcredit is now well accepted in France among the types of funding, micro insurance is currently not among the first their risk management solution. Yet it is a natural extension of microcredit, to secure and sustain the long term activity initiated by the micro-entrepreneur.
The first offering micro insurance was launched in France by Contractors of the City in December 2006. This "First Insurance Package" provides a standardized insurance policy covering the three major types of risks faced by micro entrepreneurs and comprehensive coverage including professional liability, Welfare and Health.

Country Risk Part.III

During the introduction of the Cooke ratio, depending on whether the country was a member of the OECD or not, the commitments to residents of foreign countries were weighted at 0% or 100%. A debt security issued by a government could therefore not return in the calculation of the Cooke ratio, which consequently gave an advantage to OECD countries until 1994 and the opening of the more "modest”.

As part of the Basel II regulations, the IRB approach (Internal Rating Based) implies the existence of a probability of default for counterparties. But is it really possible to speak of "default" for the country? The S & P introduced the notion moreover SD (Default Selected) to report that states do not honor their debts, since technically they cannot be made bankrupt and businesses. Of default of a country therefore requires analysis of the creditworthiness of the state. It is thus necessary to understand properly the impact of the fiscal capacity of the State concerned on its ability to repay and to define an acceptable level of debt for sovereign debt. However, these problems are more related to the concept of sovereign risk than that of country risk as a whole; demonstrate once again that the concepts are very similar.

Investing in emerging high growth is an important trend as evidenced by the proliferation of funds BRIC (Brazil, Russia, India and China). However, although the results are quite encouraging, these investments are not safe because these countries are not immune to political tensions, as their market is very volatile at times and finally as a big part of the investment is located in the energy. That's why the rating agencies are requested by the fund managers to reassure investors, the country risk analysis and must rest.

Country Risk Part.II

Country risk is actually a combination of a multitude of risks influenced by three types of factors:

* Economic and financial factors (banking systems failing, unstable tax system, poor management of public finances ...)
* The political (legitimacy of governments, political repression, censorship, ...)
* (Socio-cultural attitudes and traditions, unequal access to resources ...)

The diagram below provides a framework for country risk analysis, the aim being to understand that country risk can be approached through a large and varied risk factors (both domestic and international).


What are the measurement tools available to risk such a company wishing to conduct an operation of setting up abroad? Two main tools are characteristic of the analytical framework for country risk:


The rating is the most used tool in the evaluation of country risk faced by business entities that have concluded a contract on an international scale. The ratings are mechanical projection of reality on a scale of one-dimensional notation. Rating procedures use criteria (economic, financial, political, social ...) very objective to make the mechanics 'scientific'.

These are essentially specialized agencies that are responsible for developing the ratings. These institutions are in most of the rating agencies (Fitch Ratings, Political Risk Services, Moody's and Standard & Poor's), but also specialized firms (Business Environment Risk Intelligence and Economic Intelligence Unit) and financial newspapers (Institutional Investor). In Europe, such as credit insurers Coface (French Insurance Company for Foreign Trade) have a role in that country risk analysis. Indeed, COFACE is often the preferred partner of SME exporters who lack the internal resources of country risk analysis.

Anticipation instruments par excellence, the risk scenarios is another essential procedure in the analysis of country risk. They aim to make combinations of multiple risk factors (economic, political ...) in "stressful" varying characteristics and for different time horizons (short, medium and long term). Scenario results then allow investors or bankers to have a more comprehensive range of their potential gains and losses, which will influence their choice whether to launch the operation.

Country Risk Part.I

The Mexican debt crisis in 1982 which forced the country to introduce a moratorium is one of the first and most contemporary manifestations of country risk. The concept also takes full extent over the 90 years with the crisis countries. Emerging from 1997 Asian crisis, Russian crisis in 1998 etc. Indeed, given the globalization of the economy and the succession of crises due to the expansion of capital movements in the world, economic agents and financial choices for their particular investment and acquisitions, need accurate information on the assessment of risk profiles of the countries covered.

A single definition of country risk is difficult to provide to the extent that it is a composite concept. Country risk encompasses all actual future events that may affect a financial investor in the conduct of its operations in relation to a country called "at risk". The risks mentioned are related to the state of the country, regardless of the quality of the debtor or the project.

However, if the concept is difficult to define exhaustively, his analysis is far from insurmountable. Many tools and procedures are available for players to understand this risk.

First, the concept of country risk and sovereign risk are often confused. Sovereign risk is the risk for financial institutions to see the sovereign (central government, ministries, local governments and regional ...) which they have granted loans, unwilling or unable to meet its payment obligations to them. Country risk in turn has a much broader scope because there is no concept of "sovereign", the entity in question is the entire country. The two concepts are nevertheless closely related. Indeed, as part of a scoring, note the Sovereign cannot be too far from the rating of the country, the quality of the first depends on the country's environment and the decisions of the Supreme rarely without consequence on the functioning economy.

China raising up ...

China is emerging as both leading markets and rising economic power, and meeting with impressive rates of double-digit growth for several years. China's financial sector also benefits from good economic policy. countries, also following the path of openness and market liberalization in accordance with agreements signed by China to the WTO in January 2001 emerging well.

Historically, between the restructuring of agriculture, industry and the banking sector, the government, in the early 1980 gives priority to primary and secondary sectors to the detriment of the banking sector which will bear the cost of the transition economy. This position has resulted in delaying the development of banks in China and weighed on the accounts of the major institutions with bad debt rates sometimes exceeding 40%. Faced with the need for modernization of the Chinese banking, the government changed tack and have signed the WTO agreement to liberalize the banking market in 2001.
Since then, many international banks, anxious to find alternatives to growing their domestic market less dynamic, investing heavily in emerging countries and primarily in the "Middle Kingdom" which presents serious advantages …

Since January 2007, the news is full of examples of foreign investment through equity, joint ventures or acquisitions in the Chinese banks. We made especially Citigroup, which won the "Guangdong Development Bank" in front of the SG, Bank Of China 10% owned by RBS or the Construction Bank of China 9.1% owned by Bank Of America. Overall, although the role of foreign banks is negligible - they represent less than 2% of Chinese assets - their position continues to grow.

Chinese and foreigners have much to gain from the recent opening of the market (2001). Indeed, the Chinese banking sector needs foreign players to upgrade the profession and make a transfer of skills; foreign players in turn reap the benefits of Chinese growth.

However, prudential Chinese are real barriers to entry for foreign banks: capitalization of at least 1bn Yuan, exposure to a single client must not exceed 10% stake in the subsidiary and the ratio of loans / deposits do not exceed 75%.

But the stakes are: market access abysmal savings of Chinese households is worth the investment for many banks and foreign insurers. Candidates rush to the office of the CBRC (China Banking Regulatory Commission) and the Chinese newspapers that tell of six banks, want to establish subsidiaries of Chinese law. Several big names such as HSBC, Citigroup, Deutsche Bank or JP Morgan have also applied. It's a safe bet that the list will grow as and regulatory developments and market opening...

New payment methods, to configure market Part.II

Deregulation also imposed with the SEPA will work no doubt for these new products, improving competition and market dynamics. However Europe's payments, particularly heterogeneous, certainly will offer a unique business model and transposed from one country to another.

The payments market is evolving towards a model driven "co-distribution". For credit institutions, historical market leaders, the challenge is to partner with as soon as new entrants, suppliers of innovative materials. This is not only to respond to the risk of decline in the volume of commissions received, but also to offer their business customers innovative and robust solutions, and this, as soon as possible to maintain their market share. The players in the consumer credit will also fit on their revolving credit card.

Sites are consistent adaptation to provide both a business perspective (definition of responsibilities, risk management, targeting policies and pricing ...) as a point of view of information systems (changing production tools and CRM, electronic banking trade flows with partners, upgrade repositories ...) The needs are also important to provide training in the branch networks, to spread the new methods of marketing and loyalty.

Finally, the area of payment being in a phase of great change, both in terms of regulation or in terms of new offerings / technologies, some players have an attitude rather than "defensive" (including banks ...) while others may adopt a logic "offensive" to take advantage of this window of opportunity to enter the market. In all cases, regardless of the type of actor, it's being played today that the reconfiguration of the market tomorrow.

New payment methods, to configure market Part.I

There are innovative ways of payments in the market. The payment of the future just around the corner: NFC mobile phones, TPE biometric or contactless cards etc. Given the diversity of solutions, potential entrants and business models possible,

In the United States and Great Britain, stores now offer the ability to adjust by putting his finger on a biometric TPE. This device allows in particular reducing the rate of commissions charged to merchants by offering an alternative to traditional electronic payment networks (MasterCard, Visa, Amex ...). A single operator manages all the activities: Registration and scanning fingerprints, food bases CRM containing biometric markers, center management authorizations and payment instructions via electronic checks.

Asia is basically the payment by mobile phone that has developed. These are the operators themselves who are behind this revolution, like NTT, Do Como - the first Japanese operator - which now has a banking license.

Other supports innovative payments, already launched or still in study, will also put in place: contactless payment card, bank transfer by SMS, prepaid bank cards, biometric payment online ...

In Europe, experience "laboratories" abound, but no business model seems to be finalized at this point. Bids still need to mature to provide an appropriate policy mix in terms of palatability and customer profitability, particularly in arbitrating on the following:

* Choice of media and associated technologies: NFC mobile phone (with card integrated or not with the SIM card), biometric POS, RFID card reading (with or without chip), USB drives to borrow for online payments ...
* Types of payments and services available: electronic wallet, bank account debit (backed or not network card), revolving credit line, transfer, various insurances ...
* Partners in the presence and role distribution business (distribution, retention, risk management, billing and collection ...): banks, telecom operators and MVNOs, biometrics specialists, retail signs, payment networks, card manufacturers and chips, cards and managers authorization centers ...

Carry Trade Part.III

This trend leads to a significant increase in financial markets, coupled with the disappearance of the concept of risk in the minds of market players due to a depletion of non cash flow. However, a decline of return on financial markets, a sudden reversal of the market, would result in substantial losses for investors, given the high level of leverage and risk now borne in the carry trade. Such a situation would cause a repositioning of investors followed by a rapid and concomitant unwinding of positions in many currencies.

The lower level of liquidity resulting from this movement would affect all markets and could be the detonator of a global currency crisis or a global economic crisis. The same situation was experienced in 1997-1998 in Asia while the yen carry trade operations had already been implemented and that the Russian market, object placement, had fallen sharply. Today the extent of yen carry trade is more important and the crisis would reach Europe and the United States, countries in which investments are made.

Against a backdrop of continued increase in U.S. and European markets, increasing the risk borne by financial transactions recently introduced, the Japanese monetary policy is closely watched by central banks. To prevent slippage of the financial markets, a gradual closing of the "tap" cash is needed and must go through a rate hike. However, the continued movement deflation in Japan does not motivate a significant rise in interest rates. Japan cannot afford to hire a genuine policy of monetary tightening; the Bank of Japan announced Feb. 21 an increase of 0.25% and should not go much further in the short term.

Several questions arise: what are today the real levers available to the Bank of Japan? Central banks have they any means to influence the global liquidity? Is it too late to avoid the worst?

Carry Trade Part.II

Since last few years, the carry trade is the most developed of the yen carry trade, however, note that they are also processed the Swiss franc.

For investors, the yen carry trade is interesting on two levels: firstly because of the difference in rates (the Bank of Japan lends at a rate of 0.25%, while investors can invest this money to rates above 5% in England and the United States), secondly because the yen's depreciation during the duration of the operation.

The situation faced today was introduced by Japan's economic policy. Following the crisis of the 2000s, Japan and the United States and Europe have dropped their rates sharply to avoid an economic slump. However, if the United States and Europe have been sharply reversed the trend, growth in Japan that has developed since then have been accompanied by a significant reduction of unemployment, low wage growth but to no inflationary pressures, the Bank of Japan was not forced to change its monetary policy and rates remained extremely low (0.25%). The yield spread, which has gradually opened up between the rates of Western central banks and the central bank has caused the Japanese yen carry trade phenomenon. The main actors are not taking advantage of that opportunity, the more comfortable it is artificially maintained by the Japanese central bank and no sign of change seems to appear.

However, significant risks facing the global economy. The current danger is that the carry trade is no longer limited to playing on differences in rates, but it greatly increases the global liquidity moving into the pockets present in economies with weak currencies to countries with high rates. The yen is borrowed in dollars, pounds sterling, Euros ... then invested in operations with high leverage.

Carry Trade Part.I

The asset borrowed at low rates is placed in high-yield assets is otherwise called Carry trade. Today, the phenomenon has grown strongly over the yen and becomes problematic. Many analysts calling the Banks to reconsider their policy. They do not seem to find echoes in Japan, but show an awareness of the danger generated. However, non-termination of existing problem at the G8 conference does not seem to go in the direction of a rapid response. The carry trade exchange, a concept theoretically unworkable in the long term.

A carry trade involves borrowing in foreign exchange currency in a country where rates are low, to change this amount in a currency "strong" and place it at high rates (treasury bills ...). Theoretically, the operation of the arbitrage transaction is ephemeral because the markets are efficient (at each moment is a financial security to its price) and rebalance through exchange rates and interest rates.

Moreover, because of the rule of parity uncovered interest rate, the interest of such an operation is theoretically zero. Indeed, a difference in rates between two countries reflects inflation differentials. But these differences are offset by a realignment of exchange rates. Thus, when an investor speculates on the difference in rates between two countries, he loses the same value on the exchange. That said, sometimes the law does not hold true in fact and that the currencies of countries with low rates suffer the opposite effect and depreciates. This is the case on the yen, which reached historic lows against the U.S. dollar and the euro.

Second life Of Online Banks Part.II

Boursorama is a convincing example of this model. Since its merger with Societe Generale, Boursorama is no longer confined to the business broker but has become a real bank. However, if the online bank has no place as an independent financial organization, recent operations have shown that banking online is now essential to any actor with a network. Newcomers in the banking landscape have understood. Insurers having embarked on the adventure of assurfinance began by acquiring or developing a range of online banking in addition to the existing branch network.

The acquisition of online banks by banks should not be seen as a way to computerize the customer relationship. Indeed, banks are now looking to boost their network by opening branches. The agency is the best way to attract customers, offering Internet users the opportunity to simplify the management of current operations.

Nevertheless, some players have managed to build a profitable model around online banking service. This model is based on tactical development articulated in two phases:

(I) a startup focused on specialized and profitable activities. For example, the tactic is to capture customer deposits and generate commissions on high value added activities (securities, life insurance ...) for which the customer is willing to pay.

(Ii) extension to activities of daily bank (current accounts, credit card) which are less profitable, because requiring investment in major infrastructure, earn little and are subject to very strong competition.

Second life Of Online Banks Part.I

In their early days, online banks were intended to attract a large clientele by proposing a new model of bank: Account Management possible at any time and from any computer connected to the Internet, with an offer "discount". Using the Internet as the only interface between the bank and the customer had in fact enable substantial savings, both in terms of personnel but also capital assets. Thus, online banks offer rates were very aggressive on a range of services equivalent to that of a traditional bank. However, they failed to offer prices low enough to stand out, to forget the absence of physical relationship between the customer and the banker, and succeed in capturing some of the customers used to a classical model.

Weakened by the explosion of the Internet bubble in 2000, online banks could not withstand the intensity of competition in the banking sector, especially as traditional banks, although lagging behind the banks line, developed or acquired equivalent services. The interest of a pure player in online banking has therefore been questioned since it was possible to combine customer relationship in a network, and maximum flexibility via the Internet. The only entities that have managed to sustain their existence are those that are backed by a bank, maintaining an independent identity. This allowed them to diversify their services, taking advantage of operational know-how and organizational parent companies and thus offer very attractive prices.

Back testing and Benchmarking Part.II

Used properly, they can calibrate (or recalibrate) rating models and thus risk tools for the granting of products or assessing customer behavior, in particular by responding to the following problems:

* Expectations of risk of the entity are they consistent with the materialization of this risk (making)? This article seeks to back test the risk parameter ex post with the estimated parameter ( back testing, diagram below).
* What is the position of the entity namely entities instead?
* Expectations of risk of the entity they are consistent with those instead? Benchmarking of the estimated internally with the external reference system can respond to this question (benchmarking model).
* Achievement of risk is they consistent with those instead? (Benchmarking loss or damage).
Answering these questions provides a comprehensive framework for monitoring and supervision mechanism of risk.

If the qualitative interpretation and the decision process can be automated, the industrialization of data flow and processing (collection, data storage and consolidation of often disparate information from divergent SI) should allow an optimal analysis results and a realization of recurrent exercises. The aim is to produce a more reliable and suitable reporting activity and minimizing its cost both in terms of budget and time.

In the context of benchmarking, the nomenclature of internal data is a priori different from the external data device, comparing the risk parameters on a common nomenclature is essential. The mapping is then to map data sources through the adoption of strict rules and documented. In practice we retain the system that will optimize the granularity of the correspondence between the two sources to minimize the loss of information.

Element's overarching Back testing and benchmarking, performance feedback must meet three key points:

* Restitution little difficult in terms of statistics and mathematics, to make operational results and convert analyzes corrective actions;
* Flexibility in handling, in reviewing and reading the results;
* Annexes detailing the key elements of the analysis.

Back testing a draft and / or transverse Benchmarking is because it requires the participation of several entities of the bank. Indeed, to be valid, corrective action affecting a parameter of risk must be decided collectively between committees at the central management of risks, crafts, commercial and financial management.

The challenge of such a project is not only to ensure the accuracy and consistency of rating systems and procedures and the estimation of risk factors, but also to develop and propose a real risk management tool and decision support.

Activity Based Costing or Management

Back testing and Benchmarking Understanding the mechanisms of formation costs to identify areas for improvement in profitability is the primary purpose of the ABC / ABM (Activity Based Costing / Activity Based Management). It is indeed a powerful analytical tool which allows to decompose and analyze the costs of products and services sold (to customers both internal and external clients).

Policymakers have through this method of indicators structured to enable them to consider changes and simulate their impact in terms of costs and therefore profitability. By the adaptation of the process, creating a new product, the projection of a new organization are guidelines that can be accurately valued using the ABC model. Officials thus have elements that accompany in their projections and decision making.

The method is now developing rapidly in Financial Services, with a view to constantly improving the profitability of operations. The factoring industry is no exception to this trend in a context of shrinking margins, among others. It is now necessary to drive a very thin cost of each activity and each service. Furthermore, the implementation of this approach is the opportunity to industrialize its processes (if not already) and to induce a change in the behavior of internal company departments (development policy consumption of resources and activities, awareness of the concept of internal customers requiring a relationship and level of service as professional as the end customers).

The objective of this is to illustrate the development and gains of the method applied in the context of factoring.

The euro is still down because of the Greek debt

The euro is still down penalized and remains under 1.44 dollars. This decrease is due to contamination of the single currency by the debt crisis that has invaded Greece and continues to do its thing. An urgent solution is needed!

After the decline experienced by the euro last Friday, the Euro has not had his best performance this Monday either. It seems that money is slow to find its stability. The Arab Spring, revolts in Spain and Portugal are to blame.

The Euro went back a bit against the Japanese currency to 115.44 yen against 115.22 yen Friday. The dollar was in recovery against the yen at 80.48 yen 80.31 yen against Friday night.

Rising interest rates and expectations of an increase in reinforcing the attractiveness of a currency, especially against the dollar, which offers a yield close to zero since the outbreak of the financial crisis in 2008.

However, investors seem to focus again on the lack of compromise in Europe to offer financial support for Greece which is in great economic difficulty.

Germany's persistence that private creditors share in the cost of the subsequent plan projected aid for Greece is about to be discussed by the working group in charge of the euro area to achieve a coherent plan.

European currencies have also affected from unsatisfactory level indicators of industrialized manufacturing in the euro area than in the UK but also in Sweden.

Adoption of the Directive ISA, Was it a compromise? Part.IV

The burden of proof is reversed, the depositary and will be responsible for loss of assets under custody unless he can prove that the loss is the result of an external event, beyond its reasonable control and the inevitable consequences. The proposal adopted, which evokes a "reasonable control" of custodian, is less severe than the original text. The depository will retain the option of using the sub-delegation, initially excluded, to transfer its contractual responsibilities, which will be accompanied by due diligence work and reporting to the authorities further.

The lobbying industry seems to have paid to alleviate the new obligations. The profession can still expect some changes coming about the chain of responsibility, because it seems that the Commission expected the adoption of the Directive before opening the ISA site clarifying the responsibilities of the holders of UCITS, and this is likely to make changes at least as demanding.


The vote by the European Parliament Directive ISA shows how the negotiations were laboring among the proponents of a regulatory status quo and those seeking tighter control of the financial industry. As usual all the European players have found a compromise of the confession of all is a "lesser evil". But unlike the UCITS IV Directive which was carried by the entire profession, this directive was made reluctantly ISA and its scope is thereby limited. While hedge funds are going to have a regulatory framework in Europe but it is relatively flexible. Nevertheless, the establishment of ESMA is a breakthrough that will require the supervisor to give the EU means to realize its ambitions to acquire a globally recognized authority. The problematic status of depositories is idle and this will invite themselves to the agenda of the future Directive UCITS V. The vote of the Directive ISA is a first step and the path is far from complete.

Adoption of the Directive ISA, Was it a compromise? Part.III

The agreement on the principle of supervision by ESMA passport allows France to take the chairmanship of the G20 in a strong position on the progress of work relating to the supervision of European financial markets.

Directive ISA ruled on the delegation of function of management companies and hedge funds of their depositors. Overall it adds considerably to its terms.

The delegation function is to use a third party to perform the tasks for which an actor is originally mandated. At the management company of AIF, the delegation of two types of functions, portfolio management and risk management, will now be regulated by the Directive. A management company will want to use will now justify an objective reason to use it in order to increase efficiency in the conduct of its business. But it should also be noted that the legislative framework has eased since the adopted version includes the possibility of using the sub-delegation, the possibility of missing the European Commission proposal of April 2009. However, the reporting requirements are considerably increased and the Directive specifies that the management company may delegate to the verge of becoming a "mailbox company", a term already used in the UCITS Directive.

At the depository, the Directive makes a significant change in its area of responsibility by delegating its functions. It is imposed an obligation of result as it was until now under an obligation of means (having led the due diligence necessary to meet the quality standards expected). Although Made off has already dramatically changed the spirit of the obligations to be met by depositories, with the conviction in France of two players to repay funds whose assets were delegates at Lehman Brother, nothing was previously written in this form. The consultation on UCITS depositaries, led by the European Commission during the summer of 2009, had already identified a need for clarification of the responsibilities of trustees. It seems that the message was taken up for hedge funds.

Adoption of the Directive ISA, Was it a compromise? Part.II

The main idea of the Directive is to oversee the marketing within the EU funds alternative:

* Non-European societies and non-domiciled in Europe;
* European societies but not domiciled in Europe;

through the award of a European passport attached to the funds must undergo an enhanced transparency, the image of what the UCITS IV Directive (Undertakings for Collective Investment in Transferable Securities) is doing for European UCITS funds.

Few countries has long opposed a plea in the European passport, claiming that only a passive marketing of these funds along with the status of private placement is appropriate, given their investment strategy and level of risk. The main risk cited to support this position was to see a licensing procedure more or less flexible according to each European country. Some might be tempted to offer a more flexible regulatory framework to capture the domiciliation of funds at the expense of other countries, with the consequence of pulling down the quality of the passport. In the final stages of negotiations, France has finally decided on the European passport, provided that it is more strict, that is to say, supervised by the future European authority market supervision (ESMA) who will take office on 1 January 2011 (and not only by the public authorities of member countries). The passport will be introduced from 1 January 2013 to cohabit with the national authorities until 2016 to allow time for ESMA to adjust its standards. ESMA will ensure that non-European countries, host of hedge funds, comply with the principles of the regulations in force within the EU. It is also anticipated that in 2015 the Commission makes an assessment of the implementation of the directive and to pronounce on a possible extension of the powers of ESMA.