us west coast 2015
Transcription
us west coast 2015
HFMWEEK S P E C I A L R E P O R T US WEST COAST 2015 INNOVATION A constantly evolving industry COMPLIANCE Meeting regulatory challenges PARTNERSHIPS Working with the right people FEATURING Cowen Prime Services // EisnerAmper, LLP // Harneys // Opus Fund Services 001_HFMUSWestCoast-2015_cover.indd 7 18/09/2015 10:38 What makes an accounting firm stand out from the rest? As accountants, we prefer to let the numbers speak for themselves. Learn more about us at EisnerAmper.com/AltInvest Let’s get down to business.® eisneramper.com 212.949.8700 Best North American Accounting Firm Best firm overall, 2015 Institutional Investor Alpha Awards #1 Longevity 1980 Experience 10,000+ Independent firm in the New York Metro Area Serving private equity, venture capital, and hedge fund firms for more than 35 years, including pioneeringfirms Transactions Strength in Numbers People 1,200 25% Recognized #1 #1 Employees Dedicated to financial services Advise on private equity transactions ranging from recapitalizations to initial public offerings to sales 1 Brand. 1 Network. Global Reach. International Expertise. Local Knowledge. Providing services to 2,500 Financial services entities Engage with us: www.eisneramper.com Untitled-4 1 17/09/2015 15:25 US WEST COAST 2015 INTRODUCTION T his edition of HFMWeek’s US West Coast Report offers insight into some of the most interesting trends and pressing challenges facing the industry. This insight comes from some of the industry’s key players coming from a wide range of industry perspectives. Meeting the challenges presented by legislative change on both sides of the Atlantic, continues to be a matter of vital importance for the industry. In their own ways, Dodd-Frank legislation in the US and Europe’s AIFMD are both game-changers for funds. This report features discussion on these regulatory changes, with particular regard to the alterations in reporting requirements imposed on funds. Becoming an attractive domicile for hedge funds is a competitive business. Contributors to this year’s edition of HFMWeek’s US West Coast Report offer analysis of new funds products being offered by some domiciles in an effort to maintain a competitive edge. Working with the right service providers is often vital to the success of a fund. This report offers insight into some of the key factors to consider when choosing service providers, as well as some analysis of developing trends in the offerings of certain providers. It is our hope that this year’s edition of HFMWeek’s US West Coast Report will prove as useful as it is interesting, as it provides insight allowing you to complement and improve your existing business practices. Mike Sheen Report editor Published by Pageant Media Ltd LONDON Third Floor, Thavies Inn House, 3-4 Holborn Circus, London, EC1N 2HA T +44 (0) 20 7832 6500 NEW YORK 200 Park Avenue South Suite 1603, NY 10003 T +1 646 891 2110 REPORT EDITOR Mike Sheen T: +44 (0) 20 7832 6628 [email protected] HFMWEEK HEAD OF CONTENT Paul McMillan T: +1 646 891 2118 [email protected] HEAD OF PRODUCTION Claudia Honerjager SUB-EDITORS Luke Tuchscherer, Mary Cooch, Alice Burton, Charlotte Romeyer GROUP COMMERCIAL MANAGER Lucy Churchill T: +44 (0) 20 7832 6615 [email protected] HEAD OF BUSINESS DEVELOPMENT AMERICAS Tara Nolan +1 (646) 891 2114, [email protected] PUBLISHING ACCOUNT MANAGERS Amy Reed T: +44 (0) 20 7832 6618 [email protected]; Alex Roper T: +44 (0) 20 7832 6594 [email protected]; David Butroid +44 (0)207 832 6613 [email protected] CONTENT SALES Tel: +44 (0) 20 7832 6511 [email protected] CIRCULATION MANAGER Fay Muddle T: +44 (0) 20 7832 6524 [email protected] CEO Charlie Kerr HFMWeek is published weekly by Pageant Media Ltd ISSN 1748-5894 Printed by The Manson Group © 2015 all rights reserved. No part of this publication may be reproduced or used without the prior permission from the publisher H F M W E E K . CO M 3 003_HFMWestCoast-2015_Intro.indd 3 17/09/2015 15:53 CONTENTS US WEST COAST 2015 06 FUND SERVICES NEW BVI FUND PRODUCTS SPUR INTEREST FROM NORTH AMERICA AND BEYOND 10 08 WHAT LIES AHEAD? Jack Seibald, global co-head of Cowen Prime Services, talks to HFMWeek about the key trends and challenges facing funds, and considers what is next for the industry UNDERSTANDING TOTAL RETURN SWAPS Nicholas Tsafos, partner at EisnerAmper, talks to HFMWeek about the emergence of total return swaps and other issues affecting the industry Lewis Chong and Philip Graham, partners at Harneys, talk to HFMWeek about the appeal of two new fund products in the BVI, an incubator fund and approved fund FUND MANAGEMENT FUND SERVICES 12 FUND SERVICES CONFRONTING INDUSTRY TRENDS AND CHALLENGES Stephen Giannone of Opus Fund Services speaks to HFMWeek about significant industry trends and challenges, and the role technology plays in Opus’ offering 4 H F M W E E K . CO M 004_HFMUSWestCoast2015_contents.indd 4 18/09/2015 14:16 Untitled-1 1 21/07/2015 12:18 US WEST COAST 2015 NEW BVI FUND PRODUCTS SPUR INTEREST FROM NORTH AMERICA AND BEYOND LEWIS CHONG AND PHILIP GRAHAM, PARTNERS AT HARNEYS, TALK TO HFMWEEK ABOUT THE APPEAL OF TWO NEW FUND PRODUCTS IN THE BVI, AN INCUBATOR FUND AND APPROVED FUND Philip Graham heads up Harneys’ investment funds team in the BVI and advises on all aspects of the formation and restructuring of investment fund vehicles. He sits on the Executive Council of the BVI Investment Funds Association. HFMWeek (HFM): Can you describe these new funds products in broad terms? Philip Graham (PG): The ‘incubator fund’ and the ‘approved fund’ are two new lightly-regulated fund products, which are primarily aimed at start-up and emerging managers, and those managing funds for smaller groups of closely connected investors. The new legislation that governs these products is the Securities and Investment Business (Incubator and Approved Funds) Regulations (SIB regulations) 2015, which came into force on 1 June 2015. HFM: What makes them unique in the marketplace? Lewis Chong (LC): Both the incubator fund and approved fund offer the distinct market advantage in the BVI of being able to commence trading within two business days of lodging a completed application for approval. Also, legal costs should be lower than those associated with setting up a BVI private or professional fund or a Cayman 4(3) fund. This is because the SIB regulations allow for these funds to use short-form term sheets where appropriate rather than detailed offering documents. When you combine this legal cost saving with the option to appoint only the service providers that the manager believes the fund requires (rather than having to appoint third parties at the outset that the fund simply does not need), these products provide an efficient entrance into the marketplace at a low price point. Thereby satisfying a key requirement for most start-up or emerging managers. HFM: How do they differ from one another? PG: Here are the facts and figures: The incubator fund is permitted to operate for two years (with the possibility of one additional year) with no functionaries (i.e. administrator, custodian or manager) and no requirement to appoint an auditor. Although, clearly if the manager decides that one or more of these providers is necessary, they can be appointed immediately. This level of flexibility is contingent upon the fund remaining within the relevant thresholds applicable to an incubator fund at all times, which are: • A maximum of 20 investors; • A minimum initial investment of $20,000 by each investor • A cap of $20m on the value of the net assets of the fund Prior to the end of the two or three-year term (as applicable) or upon exceeding any of the specified thresholds, the fund must elect one of the following options: • Apply for recognition of the fund as a private fund or professional fund by preparing an audit demonstrating its current financial position and compliance with the SIB regulations and submitting the application to the Financial Services Commission of the British Virgin Islands (FS commission) • Apply to the FS commission for approval as an approved fund • Wind up its operations as a regulated fund • Liquidate the fund completely The approved fund is aimed at managers who would like to establish a fund for a longer term, but on the basis of a more private investor offering. So it holds appeal for family offices or an investor base of close connections. It also has two relevant thresholds: • A maximum of 20 investors at any one time • A cap of $100m on the value of the net assets of the fund It has similar characteristics to the well-established private fund regime in the BVI including no minimum initial investment for the investors, but unlike the private fund, the approved fund is not required to appoint an auditor, a manager or a custodian. It is, however, required to appoint an administrator, which will be reassuring to potential investors. Unlike the incubator fund, the approved fund does not have a restricted validity period and can continue to operate as an approved fund for the full duration of its lifetime, unless: • A decision is made to voluntarily apply to the FS commission to recognize the fund as a private or professional fund • It is required to convert into a private or professional fund upon exceeding one of the relevant thresholds • It winds up its operations as a regulated fund 6 H F M W E E K . CO M 006_007_HFMUSWestCoast15_Harneys.indd 6 18/09/2015 16:38 FUND SERVICES marketing perspective, the manager can hold out the fund as having been subject to a regulatory regime and regulatory oversight from incorporation. • The board of the fund elects to liquidate the fund completely. HFM: What types of managers are inquiring about the incubator fund? LC: This product appeals to start-up and emerging managers who want to build a track record while avoiding or deferring some of the overheads connected with a fully regulated BVI professional or private fund or a Cayman 4(3) fund. They can literally set up their corporate structure and appoint a low-cost broker initially and then set about building a track record. In due course, as their track record and investor base grows, the manager can start engaging with prime brokers/custodians, administrators and auditors on an as-needed basis. I do note, however, that regulatory requirements in a manager’s home jurisdiction may mean that certain service providers need to be appointed from the outset (e.g. auditors). I think this product may also be a useful alternative to the Cayman 4(4) fund. A 4(4) fund in Cayman allows a manager who has 15 or fewer investors in their fund to keep that fund outside of the Cayman regulatory regime, thereby avoiding the need to produce an offering document and appoint service providers. The downside is that the manager has to give a majority of those investors the right to remove and appoint the directors of that fund. With an incubator fund, you get the same benefits as a 4(4) fund and you also avoid having to grant the investors this voting right. In addition, from a Lewis Chong is a partner in Harneys’ Investment Funds Department and is based in Vancouver. He advises North American, European and emerging markets managers on the establishment of new funds and restructuring of existing funds. WE HAVE SEEN A ROBUST RESPONSE TO THE LAUNCH OF THESE PRODUCTS ACROSS A WIDE VARIETY OF COUNTRIES IN THE GLOBAL FUNDS SPACE, INCLUDING EMERGING MARKETS ” 006_007_HFMUSWestCoast15_Harneys.indd 7 HFM: And the approved fund? PG: I think many of the points Lewis raised in relation to the incubator funds will be relevant here. If you have a manager who started out with an incubator fund, an approved fund is an excellent next step before going to full professional or private fund status. The cost benefits of having fewer fully fledged service providers also still apply. In addition, I think this product might be particularly useful for family offices. As mentioned earlier, there is no expiry date for approved funds. So those family offices, which have a fixed number of investors that will not grow and who have built up a lot of trust with a long standing client base, may find approved funds an attractive and very stable vehicle, especially as it allows them to keep overheads down within the context of a light-touch regulatory regime. HFM: Which markets are most interested in trying these funds products? LC: As a BVI and Cayman funds lawyer practicing on the West Coast, I have fielded quite a few inquiries from US managers seeking to establish their first fund. In fact, the launch of our first incubator fund came from an instruction from a client based on the West Coast. PG: We have seen a robust response to the launch of these products across a wide variety of countries in the global funds space, including emerging markets in Latin America and Asia. The attraction of both products is turning heads in these regions because they are lightly regulated, quick to commence trading and offer the prospect of lower legal costs. But they also offer the credibility that comes with a stable, internationally recognized funds jurisdiction such as the BVI. We are very proud to say that the launch of these two new products demonstrates the FS commission’s absolute commitment to ensure that the BVI remains at the forefront of the options available for any start-up or emerging manager in 2015 and beyond. ■ H F M W E E K . CO M 7 18/09/2015 15:21 US WEST COAST 2015 WHAT LIES AHEAD? JACK SEIBALD, GLOBAL CO-HEAD OF COWEN PRIME SERVICES, TALKS TO HFMWEEK ABOUT THE KEY TRENDS AND CHALLENGES FACING FUNDS, AND CONSIDERS WHAT IS NEXT FOR THE INDUSTRY Jack Seibald is global co-head of Cowen Prime Services, LLC. He was a co-founder and managing member of Concept Capital Markets, LLC until its acquisition by Cowen Group, Inc. in September 2015. He has been affiliated with the firm and its predecessors since 1995, and has extensive experience in prime brokerage, investment management, and research dating back to 1983. HFMWeek (HFM): What are the most significant regulatory developments facing fund managers at the moment? Jack Seibald ( JS): I see the impact on fund managers from regulatory changes from two distinct perspectives: First, fund managers have had to change the manner in which they operate their businesses because of the regulatory schemes implemented in the US under the Dodd-Frank legislation and in Europe under AIFMD. Perhaps most importantly are the regulatory reporting requirements that were imposed under these rules. Fund managers who meet the regulatory AuM thresholds for such filings are now obligated to file such reports with the respective regulatory bodies in the jurisdictions where they operate and where their investors and prospective investors reside. While fund managers are no strangers to the concept of issuing reports to their various constituencies, including investors, administrators and auditors, the comprehensive nature of the regulatory reports has taken this responsibility to another level. Included in the information required in such filings is a great deal of detailed information about the risks associated with the fund manager’s portfolio, including the notional exposure of the various instruments held, the amount of leverage implied by such holdings relative to the underling capital employed, as well as the counterparties (banks, brokerages) to which the fund is exposed. While some of the data is rather easily produced, much of the content of these regulatory reports requires 8 H F M W E E K . CO M 008_009_HFMUSWestCoast15_Cowen.indd 8 in-depth analyses and often a great deal of input and assistance from service providers, which of course comes with an associated cost to the fund manager. With the regulatory reporting obligations, fund managers now face the reality that all reports shared with investors must contain and/or reference data that is consistent with that contained in the reports filed with regulators. Discussing with investors the strategies and metrics of the investments made in the fund, with any data that differs from or contradicts with the regulatory reports, is an invitation to litigation or worse. Second, fund managers are dealing with the changing prime brokerage environment because of the impact that regulatory changes are having on banks and prime brokers. Basel III and other capital requirement rules imposed by banking regulators in the US and EU are sharply curtailing balance sheet usage by the largest financial institutions. The changes have caused these banks to more thoroughly review their prime brokerage relationships, including the extent to which funds are utilizing the banks resources, including their balance sheet, and the returns they are getting from the revenues generated by the client. Evidence has been mounting since the middle of 2014 that prime brokers are pulling back their support of hedge funds, and many fund managers have had to face higher costs while many others have had to seek alternative custody and clearing solutions for their funds. This issue will continue to impact fund managers for the foreseeable future as A RENEWED EMPHASIS ON PORTFOLIO RETURNS AND PERFORMANCE WILL MARK THE HEDGE FUND INDUSTRY OVER THE NEXT FEW YEARS ” 18/09/2015 14:13 FUND MANAGEMENT the full impact of the bank retrenchment has yet to be felt. IT IS CRITICAL TO ENGAGE SERVICE PROVIDERS THAT OFFER THE SOLUTIONS THAT MEET THE SPECIFIC NEEDS OF THE FUND, WHICH HAVE A DEMONSTRATED EXPERTISE IN BOTH THE STRUCTURE OF THE FUND BEING MANAGED AND THE SPECIFIC INVESTMENT STRATEGY BEING EMPLOYED HFM: As well as regulation and compliance, funds are increasingly having to handle more intense demands and requirements from their clients. What can funds do to ensure they are meeting these increased needs? JS: Fund managers need to make sure that they are operationally sound and institutionally ready. At its core, this means developing and implementing a thoughtful business plan for the investment business, clearly articulating the investment strategy being employed, and establishing the credentials of the investment team and its support structure. It also means engaging the right service providers to serve as trusted partners in their support of the investment firm, be it legal counsel, fund administrator, auditor, or prime brokers. Having capable and reputable service providers will also provide an additional layer of credibility to investors. Finally, it means having a flexible structure that can accommodate investors in the manner through which they prefer to invest. The days of the one-man shop or the solo-practitioner service provider are long gone and the threshold for access to the institutional capital pool, be it family offices, fund of funds, endowments, and particularly pension funds, has risen dramatically. These investors come armed with extensive DDQs, and managers need to be able to clear the operational hurdle of the first few pages if they have any hope of getting a shot at discussing the merits of their investment strategy and process. Providing investors with enhanced, consistent, and transparent portfolio reporting is also critical to developing and sustaining credibility, and establishing and maintaining the ability to do so is critical to the longterm success of the fund. HFM: How important is it to work with the right business service providers in order to succeed? JS: It is critical to engage service providers that offer the solutions that meet the specific needs of the fund, which have a demonstrated expertise in both the structure of the fund being managed and the specific investment strategy being employed. Service providers should also have the capabilities to properly serve the fund firm as it evolves and grows. Many of the high-calibre service providers understand the notion of engaging fund managers early and providing reduced fees for an interim period, and we would encourage managers to avail themselves of such opportunities. We have too often in the past seen start-ups opt for the absolute least expensive service providers with the idea that they will upgrade providers once assets grow and the cash flow of the business can sustain the higher fees. Unfortunately, not having credible service providers most often becomes a disqualifying factor for potential investors. Additionally, the frictional costs related ” to engaging and disengaging with service providers frequently negates whatever savings might have been achieved. HFM: An industry concern of increasing relevance is cyber-security. What is Cowen Prime Services doing to ensure best practice in this area? JS: As an SEC registered broker/dealer and member of FINRA, we are subject to the strict operating procedures related to cyber-security imposed by the industry’s regulators. Our team has developed and implemented tight cyber controls, and established disciplined procedures aimed at protecting client data. In addition to the systems we employ to monitor for data breaches and the regular testing our IT personnel performs on the integrity of our fire walls, we also contract independent third parties to test our systems and procedures. We have also undergone cyber-security audits by our regulators. Perhaps most importantly, we have over the years stressed with our colleagues the importance of the integrity and security of our client information, and regularly remind everyone of the simple, common sense things we can do in our everyday behaviour to properly protect our clients and our firm from those seeking to do no good. HFM: What do you expect to be the most significant trends in the next 12-18 months? JS: A renewed emphasis on portfolio returns and performance will mark the hedge fund industry over the next few years. Hedge funds have historically aimed at delivering outsized returns regardless of market conditions. Funds have done this through strategies that focused on delivering alpha from longs as well as shorts, and by understanding that outsized returns also generally required greater risk or volatility of those returns. In recent periods, perhaps in part because of the dramatic rise in the prominence of institutional investors in hedge funds, it is apparent that many managers altered their behaviour and assumed a posture of reduced risk in their portfolios as that is what was desired by these pensions and endowments. Managers appear to have been “retrained” by these investors and became satisfied asset gatherers rather than alpha generators. No one then should be surprised by the convergence of returns and the overall lacklustre fund industry performance since the global equity markets bottomed in the spring of 2009. This underperformance has not gone unnoticed and investors have increasingly raised concerns over the high fees charged by hedge funds. Nothing will make talk of high fees fade faster than evidence of a return to outsized returns, and in my view, the alpha generators will again gain the attention of investors seeking such returns in an otherwise uninspiring market environment. Those managers who have become exquisite explainers of everything they do to mitigate risk may have to remember how to start discussing their alphagenerating strategies and indeed delivering on those. n H F M W E E K . CO M 9 008_009_HFMUSWestCoast15_Cowen.indd 9 17/09/2015 14:21 FUND SERVICES US WEST COAST 2015 UNDERSTANDING TOTAL RETURN SWAPS NICHOLAS TSAFOS, PARTNER AT EISNERAMPER, TALKS TO HFMWEEK ABOUT THE EMERGENCE OF TOTAL RETURN SWAPS AND OTHER ISSUES AFFECTING THE INDUSTRY Nicholas Tsafos is an audit partner with more than 26 years of diversified accounting and auditing experience. His practice is primarily devoted to hedge funds, private equity funds, broker-dealers in securities, registered investment companies and investment advisors. He also works with public companies and public offerings as well as complex private companies. HFMWeek (HFM): What are the key industry trends you are currently seeing? Nicholas Tsafos (NT): Hedge funds have used total return swaps to obtain leverage for years. However, prime brokers are asking some of my clients to use total return swaps as opposed to buying actual equity securities. Prime brokers are encouraging hedge funds to do this because it is more beneficial from the broker’s perspective, in terms of meeting their capital requirements under Dodd Frank and Basel III regulation. The idea underpinning this advice is that a total return swap is going to give hedge funds the same features, from an investment perspective, as buying the securities directly. For example, if they were to buy Apple shares or they were to buy a total return swap that mimics the performance of Apple shares, in theory the hedge fund would see the same results. However, in reality it would be far more costly for the hedge fund to buy a total return swap rather than the actual Apple shares. A total return swap does not give the same tax consequences in some situations, it is not as liquid as directly purchasing shares and the amount of disclosure in the financial statements is far more significant. The increase in financial statement disclosures is due to the inherent valuation issues with a total return swap and counter party risks. In addition the investment adviser could be subject to reporting requirements under the DoddFrank Act. Some funds are responding to and accepting this advice from prime brokers. Others are more hesitant. But if a prime broker says to a fund that they will no longer service them. Due to the cost of capital based on the structure of these transactions they may be forced into doing it. It is a trend that is driven by regulation that prime brokers and banks have to follow. Therefore they are compelled to put pressure on the hedge funds they service. For the typical US investor in a hedge fund, it is difficult to see any direct advantages deriving from opting for total return swaps over buying actual equity securities unless they want leverage. However, an advantage from this format may be seen if you are a non-US investor and the total return swap meets the tax requirements of a foreign jurisdiction. For example, I have a client fund that uses total return swaps for its Canadian investors. As a result their investors get very favourable tax treatment. HFM: What is EisnerAmper advising clients in this respect? NT: In terms of the financial statements perspective, at EisnerAmper we are advising our clients to think carefully and discuss with us before they begin using total return swaps. There are a number of questions they must consider. For example, is the fund looking at a standard return swap? What agreement is in place to ensure the fund has the proper disclosures? What nuances are in the agreement that might create additional risks? On our clients’ behalf we must plan for the consequences of entering into a total return swap. From a regulatory perspective we are advising clients to speak to counsel and develop policies and procedures to meet the regulators requirements. A TOTAL RETURN SWAP DOES NOT GIVE THE SAME TAX CONSEQUENCES IN SOME SITUATIONS, IT IS NOT AS LIQUID AS DIRECTLY PURCHASING SHARES AND THE AMOUNT OF DISCLOSURE IN THE FINANCIAL STATEMENTS IS FAR MORE SIGNIFICANT HFM: How do you think this trend will affect the industry in the long term? NT: In the long term hedge funds will begin to move away from certain large prime brokers, such as Goldman Sachs or Morgan Stanley. As a result we will see funds moving to smaller prime brokers. These prime brokers are more inclined to buy securities directly, rather than through total return swaps. If hedge funds continue to use total return swaps, having a clearing platform that creates more transparency and gives investors the option to see what is happening in the market in real time. Some prime brokers are already using this kind of platform. This is poised to become a much larger trend. It has the potential to change where instruments are being traded. ■ ” 10 H F M W E E K . 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ILLIQUI AN ALYS DITY PR EMIUM IS 16 14 15/09/20 15 16:2 5 EVERY WEEK YOU WILL RECEIVE More exclusive stories than any other hedge fund publication All the latest searches and investment news Exclusive data on launches and performance Investment strategy analysis Topical comment from leading industry figures Exclusive research surveys Regulatory developments People on the move As a subscriber, you will also receive full registration to www.hfmweek.com, where you can access: Daily updated performance data Exclusive research Daily news alerts Industry events information Service directory listings and much more... F O R M O R E I N F O R M AT I O N P L E A S E CO N TA C T v OR email membership@hfmweek .com The Membership Team at +44 (0)207 832 6511 O R V I S I T H F M W E E K . CO M FO R D E TA I L S subs ad_203X273.indd 1 18/09/2015 10:06 US WEST COAST 2015 CONFRONTING INDUSTRY TRENDS AND CHALLENGES STEPHEN GIANNONE OF OPUS FUND SERVICES SPEAKS TO HFMWEEK ABOUT SIGNIFICANT INDUSTRY TRENDS AND CHALLENGES, AND THE ROLE TECHNOLOGY PLAYS IN OPUS’ OFFERING 1 2 H F M W E E K . CO M 012_013_HFMUSWestCoast15_Opus.indd 12 17/09/2015 15:56 FUND SERVICES HFMWeek (HFM): What do you see as the greatest regulatory challenges facing the industry at this time? Stephen Giannone(SG): Regulatory challenges are clearly the topic that most concerns clients and their service provider partners the most. Apart from getting themselves into compliance with the most recent regulatory information, funds and service providers have had to essentially take a top-down look at their operational infrastructures to measure if they can or cannot currently be in compliance. This review is not just creating and adding a report to some month-end package by a fund administrator. This involves technology, human resource, process and accountability upgrades amongst other challenges. At Opus, we have taken the long view for quite some time and have put ourselves through regular meticulous reviews of our operations team, our staffing, new hires and the skill sets they bring to the teams, our entire technology platform and clearly our management of the whole process. We have always felt that if you are not in the forefront and getting ahead of any anticipated regulatory changes and challenges, then you will be fighting an impossible uphill battle with your client’s needs and your own ability to scale and improve. HFM: What are the most significant industry trends you are currently seeing? How do you expect these trends to develop over the next 12-18 months? SG: Significant industry trends are those that occur as discussed with regulatory challenges but also with adjusting to a new paradigm in investor demands as well as new service provider processes and requirements. Specific to investors, it is always the biggest challenge for a fund to attract capital. This is not a mystery. The added challenge over the past few years has been the degree and depth of investor inquiries and due diligence requirements for fund managers to meet. Perhaps in the past a fund manager’s previous track records and ‘pedigree’, if you will, were enough to attract at least launch capital. But that has clearly changed. This ties in to what I mentioned before about being able to meet your client’s needs, this means being able to provide due diligence information on your firm quickly, accurately and being ready to discuss with our client’s investors. In addition, service providers have had to realign their process controls to provide the required transparency for regulators and investors. At Opus, we have maintained our SSAE16 (formerly SAS70) certification each year without fail and we are reviewed by a top-four audit firm to give additional comfort to our clients. HFM: How are these trends and challenges affecting the role of the hedge fund administrator? SG: Fund administrators have clearly had to meet new regulatory, investor and client challenges with additional, sometimes very significant, investments in their platforms. Perhaps it may be easy to say, but in practice, it is a very serious issue for 012_013_HFMUSWestCoast15_Opus.indd 13 all service providers. Opus has made many new investments into our platform over the years. This has ranged from additional staff and additional offices to significant investments technology and process controls. We conduct offsite meetings for management and also senior staff to consider a range of options, ideas and improvements that we continually evaluate and then put into practice. Stephen Giannone joined Opus Fund Services as president in September 2008. Previously, he was head of client implementation at Omnium and Spectrum Global Fund Administration units. Giannone has more than 20 years of experience across the hedge fund, administration, prime brokerage and clearing industries leading global teams holding senior positions at Deutsche Bank, Merrill Lynch and Bear Stearns Association. HFM: What are the most important factors funds must consider when choosing which service providers to partner with? SG: Funds need to really understand their own needs well before they start to meet with service providers, especially a fund administrator as the fund administrator will be fundamental to their books and records, and the basis of information they use to attract new capital. Only when a fund and fund manager understand what they need, can they effectively match a service provider to their needs. A manager should meet with their prospective service providers as well. In person, meetings can go a long way to making sure you will receive the attention you need as well as meeting the people whom are being said to have the skills you require to service your fund without issue. Also, and I cannot emphasize this enough, a manager should ask to see a demo of the platform highlighting how they would operate on a daily basis with their fund administrator. I cannot tell you how many funds Opus has converted from competitors where we have heard very difficult stories of being sold something that simply did not work as advertised, to put it mildly. HFM: How important is technology for the services Opus provides its clients? SG: Simply said, technology is everything. It is just impossible to be as effective as a global, full-service fund administrator like Opus with all of the regulatory, investor relations, asset class, compliance and reporting challenges, among others that need to be dealt with and handled without fail. Opus has made continuous, significant investments in its technology platform that deal with fund accounting, portfolio accounting, banking, investor relations and compliance functions. There is little reason to believe that the changing landscape of fund administration and hedge funds in general will require anything different in the future. I think the real difference will come down to those firms willing to make the investments and those whom will do otherwise. ■ IN PERSON MEETINGS CAN GO A LONG WAY TO MAKING SURE YOU WILL RECEIVE THE ATTENTION YOU NEED AS WELL AS MEETING THE PEOPLE WHOM ARE BEING SAID TO HAVE THE SKILLS YOU REQUIRE TO SERVICE YOUR FUND WITHOUT ISSUE SPACE, INCLUDING EMERGING MARKETS ” H F M W E E K . C O M 13 17/09/2015 15:57 S E R V I C E D I R E C TO R Y US WEST COAST 2015 Christian Bekmessian // T: +1 212 891 4062 // [email protected]; Peter Cogan // T: +1 212 891 4047 // [email protected] EisnerAmper LLP is a premier full-service accounting, tax and administration firm with global capabilities. EisnerAmper has led the way in establishing and building a highly trained and dedicated Hedge Fund Group. Our professionals have experience and expertise in the intricacies of the regulatory and tax environment, the valuation of complex financial instruments and the challenges of maintaining strong accounting and investment controls. The professionals of EisnerAmper have a decades-long service record to the financial services industry, giving us an understanding of the problems you face on a daily basis, as well as the ability to provide practical solutions. www.eisneramper.com Jack Seibald, Managing Director, Global Co-Head of Prime Brokerage Services // Direct: +1 516 746 5718 // Mobile: +1 516 359 7503 // [email protected] // Cowen Prime Services, 1010 Franklin Avenue, Suite 303, Garden City, NY 11530 Cowen Prime Services, LCC offers comprehensive brokerage and related services that provide traditional and alternative investment managers with customisable and scalable solutions. We were built by former investment managers to serve hedge fund managers, managed account platforms, institutional investors, family offices, and registered investment advisers with turnkey solutions designed to free clients to focus on their core competencies. Our offering features world-class custody and clearing options, multi-asset class capabilities, leading execution and order management systems, a seasoned execution desk, a range of financing options, a highly professional operations and customer support team, comprehensive portfolio reporting capabilities, and capital introduction. Lewis Chong // [email protected] Harneys is a leading global offshore law firm practising BVI, Cayman, Anguilla and Cyprus law. Harneys advises on all aspects of the life of a fund including formation, restructuring and closure, both in distressed and planned scenarios. Robin Bedford, CEO // [email protected] // (441) 234-0004 // Stephen Giannone, President & Head of Sales // [email protected] // (312) 952-1455 // Jorge Hendrickson, Business Development // [email protected] // (646) 470-6957 Opus Fund Services is an award winning independent fund administration firm. Within a SSAE16 approved process, Opus uses unique technology and flat fee pricing to provide automated, integrated middle & back office administration services to domestic and offshore hedge fund and alternative investment vehicles. The ONE platform has received widespread industry recognition including “Best Overall Fund Administrator with AuA < $30bn” by HFMWeek, and Top-Ranked Fund Administrator by Global Custodian for an unprecedented five consecutive years. For more information on Opus Fund Services, please visit www.opusfundservices.com.. 14 H F M W E E K . CO M 014_HFMUSWestCoast_directory.indd 14 18/09/2015 14:30 “…a formidable team in the offshore investment funds space…” Legal 500 HARNEYS | Investment Funds Delivering fast, practical and trusted offshore www.harneys.com legal services for 55 years. Anguilla British Virgin Islands Cayman Islands Cyprus Hong Kong London Mauritius Montevideo Sao Paulo Singapore Tokyo Vancouver Mauritius service provided through an association with BLC Chambers. Untitled-1 1 17/09/2015 10:08 BROKERAGE SERV E M ICE I PR S Custodian Options Portfolio Analytics & Middle Office COMPREHENSIVE SOLUTIONS FOR INVESTMENT MANAGERS Business Consulting Execution Services Financing & Stock Loan Capital Introduction DESIGNED TO LET YOU FOCUS ON WHAT’S IMPORTANT KERAG E BROTechnologyE SERVI Client M I CE PR & Reporting Services S Portfolio Analytics & Middle Office Business Consulting Custodian Options Cowen Prime Services offers a comprehensive suite of brokerage and related services that provide traditional and alternative investment managers with solutions that are customizable and scalable. The firm was built by former Capital investment managers to serve hedge fund managers, managed account platforms, Introduction institutional investors, family offices, and registered investment advisors with turn-key solutions designed to free its clients to focus on their core competencies. Technology Client Our offering features world-class custody and clearing options, multi asset class & Reporting Services capabilities, leading execution and order management systems, a seasoned execution desk, a range of financing options, a highly professional operations and customer support team, comprehensive portfolio reporting capabilities, and capital introduction. Jack D. Seibald Managing Director, Global Co-Head of Prime Brokerage Services 516.746.5718 [email protected] www.cowenprime.com Untitled-1 1 Michael S. Rosen Managing Director, Global Co-Head of Prime Brokerage Services 516.746.5723 [email protected] Execution Services Financing & Stock Loan Penn-Miller Jones Managing Director, Head of Prime Brokerage Sales 212.419.3949 [email protected] Member: FINRA, NFA and SIPC 18/09/2015 09:53
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