Today New City Initiative is comprised of 43 leading independent asset management firms from the UK and the Continent, managing approximately £500 billion and employing several thousand people.
Published by Charles Gubert
Despite 30 months lapsing since the referendum, the status of Brexit is constantly shifting and interchangeable, making it very challenging for UK asset managers to implement contingency plans ahead of March 2019. A growing number of domestic managers – conscious of the complete breakdown in political consensus inside the UK – are resigned to the fact that either a no deal or bad deal is pending, prompting some firms to increase their substance onshore within the EU, in order to keep AIFMD and UCITS passporting rights.
Efforts by the Financial Conduct Authority (FCA) – through its Temporary Permissions Regime (TPR) to cushion the blow of a no deal Brexit on EEA (European Economic Area) managers selling into the UK will help maintain a semblance of stability, but NCI is frustrated that no such reciprocity has been provided by European regulators. A failure to provide equivalent assurances risks depriving European investors of choice if the UK crashes out of the EU, and will undoubtedly deter UK managers from distributing their products in the EU.
The Death of CMU
In November 2018, NCI published an article stating the EU’s Capital Markets Union (CMU) was not living up to industry expectations, predominantly because the scheme’s proposals simply lacked ambition. While CMU introduces some regulatory harmonisation for funds looking to register their products on a cross-border basis, the proposals fell well short of what NCI and other industry associations had been lobbying for. As such, NCI doubts CMU will encourage more managers to distribute their products on a cross-border basis.
Simultaneously, the EC’s decision to heavily restrict pre-marketing has frustrated fund managers as it makes it harder for them to engage with investors prior to launch without becoming AIFMD registered. Boutiques feel disenfranchised as it will impede them from meeting with prospective investors in European markets as they simply do not have the resources to become AIFMD registered in jurisdictions when there are no assurances investors will commit. This pre-marketing proposal totally undermines CMU’s objective.
SMCR: Get ready
The Senior Managers & Certification Regime (SMCR) will apply to fund managers from December 2019, and it is something NCI members should be paying attention to. The rules are not too burdensome though and they simply oblige senior persons at asset managers to be FCA approved and sign a Statement of Responsibility, a document that outlines their prescribed responsibilities. SMCR also insists senior managers and staff members who carry out activities which could pose a risk to clients or the firm be certified as fit and proper.
Nonetheless, the rules could pose some problems for firms. Assessing whether a person should be certified as fit and proper ought to be fairly routine, although in some cases, incidents of misconduct can arise for reasons other than poor character and judgement, such as a lack of training. Irrespective, it is imperative managers begin mapping out people’s responsibilities across their businesses, and create an action plan on compliance. A failure to adequately prepare for the SMCR could have major ramifications for asset managers.
ESG moves onto the statute books
The growing focus on ESG (environmental, social, governance) investing has been a positive development for the funds’ industry, and one that has been encouraged by clients, especially millennials. Some experts argue ESG investing correlates with better performance although this hypothesis is still open to debate. In response to these global trends, the EC is proposing that fund managers integrate ESG into their investment processes and produce detailed reports for clients clarifying their ESG approach.
Underpinning these reports will be an EC-created taxonomy for ESG, a provision which is proving quite contentious at NCI members. A number of NCI members feel the development of ESG should be a market and not regulatory-led initiative, while there is equal opprobrium among the ranks about the added reporting requirements which may come with these EC rules. NCI recognises that some firms have been greenwashing their credentials in order to win mandates, but the EC must ensure the taxonomy it produces is not excessively prescriptive, nor are its reporting requirements duplicative or overly disproportionate.
Good luck in 2019
2019 is shaping up to be a difficult year for asset managers from a regulatory perspective. Brexit is undoubtedly going to cause challenges for the industry, while other political risks in the UK lie lurking and cannot be ignored either, namely the possibility of a new government which is hostile to financial services and free markets. On an EU-wide basis, some of the regulations being proposed could be quite testing for boutique asset managers, potentially eroding margins even further if they are implemented badly.