February 2014
Transcription
February 2014
ASSET MANAGERS FORUM UPDATE FEBRUARY 2014 NEW Working Group – Positional Identifier In response to a need discussed at the AMF Derivatives Operations Committee meeting, the AMF has established a new Positional Identifier Working Group. As an outcome of the global financial crisis, the OTC derivatives industry is experiencing major changes in response to new requirements for the trading and clearing processes which overlap with many parties. All the industry constituents, including investment managers, SEFs, CCPs, admin/custodians, FCMs, SDRs, middleware providers, and other service providers, are trying to meet these new regulatory requirements; however, oftentimes the parties are working in parallel and not together. In order to bring consistency to the process, there is a need for a standard trade identifier that could be used for trading and clearing, and downstream processes including collateral management. The standard identifier can help with timeliness, tracking, and regulatory compliance for all parties. The AMF Positional Identifier Working Group was created to work on standardizing overall data requirements for all the industry constituents, focusing on the consistency of the data content and minimum expectations of data delivery, not on the delivery method. The data should be normalized and flow between parties meeting a minimum set of requirements and connecting investment managers, SEFs, CCPs, admin/ custodians, etc. This normalized data should also feed the data repositories. The normalized data set would enable faster connections to new entrants, including new counterparties and service providers. The goal of the working group is to develop a best practice for the industry. The key is to have all the players in the ecosystem as part of the process. The best practice document will contain a problem statement, current landscape including processes from trading through collateral all the way to reporting; and the best practice recommendation. The Working Group is still refining its scope, but is already pursuing identifiers for credit index swaps, and has met with CUSIP towards this end. The working group is still open, and interested participants should contact Elisa Nuottajarvi for inclusion in the group. The Working Group is co-chaired by: Michael Burg, BNY Mellon; Damian Lewandowski, BNY Mellon; and Joshua Satten, Northern Trust. AMF TMPG Margining Working Group SIFMA held an event on TMPG Margining in January to discuss the current status and industry state. It was noted that the industry has made progress in putting in place MSFTAs and setting up the operational process for margining, however, it takes longer for the 40-Act funds adopt the margining process due to the more complex legal requirements. The AMF TMPG Margining Working Group met at the AMF Member Meeting on February 5th, and discussed how the margining is going, as well as the proposed amendments to the FINRA 4210 margining rule. The MSFTA on-boarding process is still underway. Some of the main challenges are cure periods and consistency among brokers. Some agreements have been under negotiations for over four months. Some brokers are slow to respond which may be due to the large volume of on-boarding still taking place. Also due to the increased volume, asset managers have experienced some delays in setting up segregated accounts with custodians, and getting ACA agreements in place. The Working Group agreed that the amendments to the FINRA Rule 4210 will have a major impact on small clients and brokers. CONTINUED ON PAGE 2 ASSET MANAGEMENT UPDATE SIFMA has created a joint working group looking at the FINRA rule, and creating a response. Some issues that buy side firms have raised with the proposed amendments relate to the initial and maintenance margin, harmonization with TMPG requirements, close-outs, the implementation period, documentation, definition of the exempt account, and delivering financials. At the time of writing, the working group is still determining the best way to respond, whether via a joint letter, or a separate response from the asset management group. SIFMA has scheduled an event on the afternoon of Monday, March 24th to discuss the FINRA 4210 rule. The registration for the event is available on the SIFMA website. The AMF TMPG Margining Operations Working Group is co-chaired by Alison Goldberg of Franklin Templeton, Jesse Robinson of GE Asset Management, and Ted Leveroni of Omgeo. AMF Operational Risk Committee The AMF Operational Risk Committee meets monthly to discuss various topics related to operational risk. Recently, the Committee has been engaged in discussions on cybersecurity (more details below), planning for the February 5th Member Meeting panel discussion on asset management and outsourcing, as well as planning and choosing committee areas of focus for the upcoming months. The Committee has decided to do a deeper dive on operational risk relating to STP. The Committee’s first step towards the deeper dive will be to agree on a common definition of STP, or straight through processing, then share common key risk indicators (KRIs), and harmonize the KRIs so that firms can use them for benchmarking themselves across an industry standard. The Committee may then look at individual challenges. Chris Fedele of Broadridge gave a presentation on this topic at the Committee’s February meeting, and will be one of the leads focusing on this topic. The Committee also put together a panel presentation at the February 5th AMF Member Meeting, focusing on outsourcing and vendor management risk, which have become hot operational risk topics. There are recent regulatory pronouncements that also require attention in this space. In 2013, the United Kingdom Financial Conduct Authority (FCA) 2 recommended that asset managers who outsource regulated activities and/or activities that are critical or important should review their outsourcing arrangements and, if necessary, enhance their contingency plans in the event of the failure of a service provider. The FCA also recommended asset managers assess the effectiveness of their oversight arrangements, particularly in respect of making sure that they continue to have the necessary internal expertise to be able to effectively manage their service provider. In the U.S., vendor management recommendations have come out from the Federal Reserve, the OCC and other financial industry regulatory entities. The panel was moderated by Joe Haddock of Annaly Capital Management, and included Ekko Jennings of Morgan Stanley Investment Mangement; Mark LaMonica of Ernst & Young; and Jeff Zoller of T Rowe Price as panelists. The panel discussed how asset management firms and outsourcing providers are handling these pronouncements, and touched on best practices, assessing country specific risks, and mitigating operational and regulatory risks associated with outsourcing and vendor management. The AMF Operational Risk Committee is co-chaired by Sam Chari of Alliance Bernstein, Joe Haddock of Annaly Capital Management; and Gina Sklar of T Rowe Price. Cybersecurity Update The AMF Operational Risk Committee has engaged with SIFMA on cybersecurity. Early this year, the Committee surveyed its members on the buy side’s status on various cybersecurity related topics, such as cyber insurance, whether firms have threat and response frameworks in place, do they have a specific person or team responsible for cybersecurity, and where does that person report, etc. The survey results were reviewed by the AMF Operational Risk Committee, and members who were interested in the topic were encouraged to sign up with the related SIFMA committees that are working on cybersecurity issues. At the February meetings, Karl Schimmeck of SIFMA spoke before the AMF Operational Risk Committee, and the AMF Steering Committee, about the many activities that are taking place within SIFMA for cybersecurity, including the Quantum Dawn II test and its results. Karl also shared information regarding a new SIFMA Board Level Committee on Cybersecurity, launched this February. The goal of the committee is to develop and execute a SIFMA action plan to engage government and private sector partners to better protect the industry’s critical systems and data. The Committee is expected to work on multiple workstreams, which will likely include a weakness diagnostic mapping of the cash and securities markets, development of an industry standard for cybersecurity based on the NIST Cybersecurity Framework, improvement of the information sharing process, enhancement of the industry crisis response playbook, and regulatory and legislative advocacy to support these and any other goals. Karl also gave a federal legislative update relating to cybersecurity, including the National Cybersecurity and Critical Infrastructure Protection Act (NCCIP), which was reported favorably during the February 5, U.S. House Committee on Homeland Security mark-up. SIFMA co-signed a joint trade letter in support. Thebill primarily focuses on codifying many of the activities that the U.S. Department of Homeland Security (DHS) currently supports, as well as establishes an equal partnership between private industry and DHS. In addition the bill if enacted would work to ensure that DHS properly recognizes industry-led entities to facilitate critical infrastructure protection and incident response. SIFMA is also monitoring current data breach legislation. There are several bills that have been drafted in response to the Target and Neiman Marcus breaches and multiple committee hearings on the topic. At this point, SIFMA is monitoring the legislation being considered with a focus on ensuring bills include a Gramm-Leach Bliley Act (GLBA) exemption, Federal preemption and realistic reporting requirements. In addition, SIFMA is promoting improved information sharing by organizing outreach to the U.S. Senate Select Committee on Intelligence. SIFMA, ABA and the FSR will be visiting with the staff of all Members of the Committee to promote the need for legislation in 2014 with a focus on removing barriers to sharing; providing liability protections for sharing; establishing FOIA exemptions for information shared; and improving sharing from the government entities. JUNE 17-18 | HILTON NEW YORK | NYC 3 ASSET MANAGEMENT UPDATE Cybersecurity Standards On February 12, the National Institute of Standards and Technology (NIST) published a Cybersecurity Framework. NIST developed this voluntary framework for reducing cyber risks to critical infrastructure in response to Executive Order 13636: Improving Critical Infrastructure Cybersecurity. The Framework consists of standards, guidelines, and best practices to promote the protection of critical infrastructure. The adoption of the Framework will be voluntary however, many of the industry regulators will be reviewing the Framework for gaps with current regulations and possible incorporation into their regulations on cybersecurity. Overall, SIFMA members have been supportive of the Framework, engaged in its development over the past year and believe that, an organization can reduce its risk by adopting the framework. The industry submitted comments on the draft proposal in December 2013 through the FSSCC and those comments were acted on in the final release with the removal of a privacy appendix and other minor changes. Following the public release of the Framework, SIFMA will review and validate it to ensure members are still in agreement that it can be used as the foundation for the development of a financial services sector specific standard. The Board Level Committee on Cybersecurity will be involved in how the NIST Framework can be applied to the financial services sector and adopted by regulators. Save-the-Date for AMF at SIFMA OPS 2014: April 30, 2014! April 28–May 1, 2014 • Boca Raton, FL OPS 2014 OPERATIONS CONFERENCE + EXHIBITION For over 40 years, the SIFMA Operations Conference & Exhibition has been the trusted resource for leading operations professionals, offering timely perspectives on improving operational efficiencies and insight on implementing new regulations in a unique, threeday forum. The 2014 conference will focus on the reforms and operational resiliency that are designed to strengthen the financial markets infrastructure. This year, in addition to the asset management specific track sessions during the general conference, The Asset Managers Forum is hosting an exclusive session with panel discussions on issues that are important to asset management operations professionals. 4 AMF Events – Operational Efficiency Workshop The Asset Managers Forum Workshop on Operational Efficiency took place on February 4th. The event was well attended; and generously sponsored by Broadridge, TradeWeb and trueEx. The theme of the Workshop was based on member feedback from the recent AMF member survey, which emphasized more expectations being placed on operations especially in light of the recent regulatory changes. Operations needs to get the new processes right without sacrificing efficiency, and in fact there is a tremendous pressure to improve efficiency to meet these new regulatory and business demands as well as cost pressures. John Clark of Cutter Associates gave the keynote speech at the AMF Workshop on Operational Efficiency The Workshop started with a keynote presentation by John Clark of Cutter Associates, who spoke about how the drive for operational efficiency is changing, the changing business model for asset managers, the range of operating modes and balancing globalization with specialization, data management and different solutions for different problems, the different functionality of the IBOR (Investment Book of Record) vs. the ABOR (Accounting Book of Record), and client facing operations modes. Organizational Set Up and Operational Efficiency panel: Michael Daley, Loomis Sayles; Scott Becchi, Ernst & Young; Michael DeBevec, Blackrock; David Atterbury, Cornerstone Capital Management 5 ASSET MANAGEMENT UPDATE The first panel discussion focused on Organizational Set Up and Operational Efficiency, and was moderated by David Atterbury of Cornerstone Capital Management. Panelists were Scott Becchi of Ernst & Young, Michael Daley of Loomis Sayles, and Michael DeBevec of Blackrock. The panelists discussed the different operational models in use, including shared services model, client centric model, and hybrid models, and how they behave in terms of head count, cost, capacity, flexibility and the ability to grow the business. The panelists addressed also how to decide which model to utilize, transitioning from one model to another, staff motivation, addressing issues with third party service providers, and whether it was possible for the firm to use various models for different parts of the business. The second panel, What Transformational Steps Asset Managers Can Take to Enhance Efficiency? discussed what asset managers can do when they need to transform a process quickly to improve efficiency, to ensure regulatory compliance, or move to the next level of proficiency. The panel was moderated by John Ratzesberger of T Rowe Price, and panelists were Paul Gately of BNY Mellon, Ted Leveroni of Omgeo, Al Morabito of Federated, and Joshua Satten of Northern Trust. The panel discussed how organizations decide whether outsourcing is right for their firm, functions typically outsourced, timeline it takes to set up outsourcing arrangement, how to ensure minimal disruption, technology, impact on staff, and how to measure success. Transformational Steps panel: Ted Leveroni, Omgeo; Paul Gately, BNY Mellon; Joshua Satten, Northern Trust; Al Morabito, Federated Investors; John Ratzesberger, T. Rowe Price Associates 6 The third panel focused on Metrics for Operational Efficiency and was moderated by Christopher Fedele of Broadridge. The panelists were Christopher Ramirez of BNY Mellon Asset Management, Katelyn Ristaus of Goldman Sachs Asset Management, and Jesse Robinson of GE Asset Management. The panel discussed their general views on choosing good metrics, what key metrics their firms use, and how metrics are shared with clients. The panel also addressed the tools they have in capturing the metrics, whether via spreadsheets or a more sophisticated system to track metrics. Another area of discussion was industry best practices in connection with metrics, and benchmarking against industry metrics. The panel also discussed metric in relation to risk, and whether all metrics are equal, and what, if any, insights are supplemented with metrics. The final panel discussion was The Efficiency Monitor – What Are the Remaining Hot Spots in Operations?. The panel was moderated by Thomas Ciulla of PWC, and the panelists were Cynthia Meyn of PIMCO, and Neil Wright of DerivProduct. The panel discussed the shorter settlement cycle, including the upcoming T+2 cycle in Europe and the need to complete the pre-settlement stages of the trade lifecycle more quickly, as well as the lack of electronic trade allocation software (Oasys) in Europe. Another topic was the TMPG recommendation for margining of agency MBS, and the proposed changes to FINRA margining rule 4210. The MSFTA negotiations are very involved and still taking place, and operationalizing the requirement is no small feat. In addition, the panel discussed SEF trading and the challenges asset managers have faced in setting up electronic trading of derivatives; protection of client assets and setting up for tri/quad party segregation; and the challenges remaining in the process for exchanging cleared swaps variation margin. The Program Committee for this workshop, who helped plan the agenda, consisted of AMF Steering Committee members David Atterbury of Cornerstone Capital, Ted Leveroni of Omgeo, and John Ratzesberger of T Rowe Price. Metrics Panel at the AMF Workshop on Operational Efficiency: Christopher Ramirez, BNY Mellon Asset Management; Jesse Robinson, GE Asset Management; Katelyn Ristau, Goldman Sachs Asset Management; Christopher Fedele, Broadridge Financial Solutions 7 ASSET MANAGEMENT UPDATE AMF Member Meeting The AMF Member Meeting took place during an ice storm on Wednesday, February 5th. Tim Cameron of SIFMA kicked off the event with opening remarks, and introduced the key note speaker Michael Barnes of Ernst & Young who spoke about the emerging trends in global regulation, and the impact of global regulatory change in asset management and funds. Michael Barnes of Ernst & Young gave a presentation on global regulation at the AMF Member Meeting The meeting featured AMF Committee overviews and Committee break-out sessions for the Collateral Committee, Custodian Committee, Operational Risk Committee, Derivatives Operational Committee, Tri-Party Repo Working Group, and the TMPG Margining Operations Working Group. The event also featured three panel discussions. The first panel on Derivatives Processing was a discussion between Michael Burg of BNY Mellon and Sunil Hirani of TrueEx, and focused on the current processing challenges in the cleared derivatives space, especially the lack of unique identifiers that would travel across the entities involved in trade execution and processing, including asset manager, sell side, CCPs, SEFs, FCMs, middle wares, SDRs, and all other service providers. The discussion also addressed what the industry is doing to improve this situation and plans to propose standard unique identifiers that would be used throughout the lifecycle. The second panel was Asset Managers and Money Market Funds: Impact on Financial Stability. The panel was moderated by Matt Nevins of SIFMA, and the panelists were Maria Gattuso of Willkie Farr, Will Leahey of SIFMA, Matt McGinley of SIFMA, and Joan Swirsky of Stradley Ronon. The panel discussed the background and specifics of the SEC proposal for Money Market Funds; the findings of the SIFMA operational working group that reviewed the proposal, the AMG response to the proposal, as well as the OFR study on asset management and financial stability. The third panel discussion was the Operational Risk panel focusing on asset managers and outsourcing that is discussed in more detail under the AMF Operational Risk Committee update. 8 The event also featured a keynote address by SIFMA President and CEO Ken Bentsen, who spoke about SIFMA’s current initiatives, both in the operations space, as well as in legal and regulatory areas. Some of the issues he addressed included GSE reform, EU and TPP trade proposals, and the pending debt limit. He also spoke about how the buy side is viewed by the regulators, and the potential of asset managers’ systemic designation as per the OFR report. The final session of the meeting covered the DTCC objectives and priorities for 2014, as discussed by John Abel of DTCC. The Program Committee who helped design the program for this event consisted of Joe Haddock of Annaly Capital, Michael Daley of Loomis Sayles, and Jesse Robinson of GE Asset Management. Derivatives Operations Committee Update The AMF Derivatives Operations Committee represents the buy side focusing on the key operational challenges related to OTC derivatives currently taking place and affecting asset managers. The Committee seeks improvements in the derivatives processing environment and strives to identify opportunities to reduce related operational risks. In 2013, the Committee focused a good amount of time on clearing readiness and refinement. In preparation for mandatory clearing, representatives from clearinghouses gave regular updates at the Committee’s monthly meetings to ensure that asset managers had information about operational issues and differences between the central clearing parties. This initiative was also supported by a matrix document that was populated by the clearinghouses. The Committee meetings have also included regulatory updates from Gabe Rosenberg of Davis Polk and updates from Matt Nevins and Peter Ryan from the SIFMA Asset Management Group (AMG). The AMG Derivatives Committee’s efforts have direct impact with regulators via comment letters and CFTC visits – which in many cases result in positive outcomes, such as No Action Relief for regulatory implementation dates and clarifying guidance to broad or contradictory Rules. In the second half of 2013, the AMF Derivatives Operations Committee began focusing more on 2014 deadlines such as EMIR Reporting and Swap Execution Facility mandatory trading. The Committee hosted a Lunch and Learn on EMIR Reporting in September discussing the EMIR requirements for those accounts or clients that are domiciled in the EU starting February 12th, along with clarification that third country entities – or entities that are domiciled outside the EU are outside the EMIR Reporting scope. We also coordinated a “SEFtastic” event in September featuring presentations and demos from 8 different Swap Execution Facilities along with a review of the SEF Rules from regulatory reform leaders. This was an enlightening experience for attendees as the “many to many” platform or infamous Footnote 88 issue was brought to light, and many buy side participants were all able to capture a good amount of comparative information between the SEFs within a short amount of time at this event. Most recently, the Committee’s monthly meetings included representatives from EMIR Trade Repositories, and firms offering EMIR reporting services. Even though the EMIR Reporting deadline has passed, there are new and more efficient services being developed that could ease these regulatory challenges in the future. In an effort to provide further refinement opportunities, the Committee will continue to seek out additional offerings for our members, including guest speakers regarding Futures Commissions Merchant sponsored access, SEF aggregation, and EMIR Reporting Services. As new concerns and opportunities arise from AMF members, we will include additional initiatives to further support our goals and objectives – to reduce related operational risks with derivatives processing. The Committee is co-chaired by Amy Caruso from Babson Capital Management, Kimberley Dall of State Street, and Ila Eckhoff of BlackRock. AMF Derivatives Operations Committee Meeting Schedule: March 19, 2014 10 a.m. ET August 20, 2014 10 a.m. ET April 16, 2014 10 a.m. ET September 17, 2014 10 a.m. ET May 21, 2014 10 a.m. ET October 9, 2014 (in person meeting) June 18, 2014 10 a.m. ET November 19, 2014 10 a.m. ET July 16, 2014 10 a.m. ET December 17, 2014 10 a.m. ET 9 ASSET MANAGEMENT UPDATE AMF Session Come to the SIFMA OPS Conference in Boca Raton, FL, April 28-May 1, and attend the full conference featuring presentations and panel discussions on a variety of operations topics. This year, we are adding an AMF session with these unique panel discussions: BUY SIDE AND SELL SIDE - PARTNERS IN OPERATIONS This panel discussion featuring senior operations professionals from both buy side and sell side firms will discuss how buy side and sell side can work together collaboratively to improve operational efficiency across the board. The panelists will share what type of expectations they have from counterparties. The panel will also discuss practical ways to improve relationships across the aisle in order to improve operational relationships and business structures. THE FULL PICTURE: BUY SIDE, SELL SIDE, VENDORS AND SERVICE PROVIDERS This panel discussion will add vendor and service providers to the mix, and will discuss topics such as partnering with providers to provide better products, proven efficient vendor management practices, and share techniques in managing vendors and providers. CONFLICT RESOLUTION In a perfect world there would be no operational bottlenecks, errors or differences of opinion. However, we don’t live in a perfect world and thus conflict resolution practices are important. This panel will discuss various ways firms have implemented to make conflict resolution easier and more timely. THE HUMAN CAPITAL This panel will discuss a topic that is relevant across the industry, i.e. the human capital. In today’s environment where the pressure to control expense growth in the face of tightening margins has become the “new normal” it is ever more important to share practical insights on how firms can develop talent and motivate employees. AMF Mission Statement Dedicated to facilitating collaboration among the buy-side operations community, the Asset Managers Forum (AMF) brings together subject matter experts to discuss and develop practical solutions to highly topical operational challenges. The AMF’s mission is to provide thought leadership and guidance on pertinent industry issues and to create a premier venue for operations professionals to develop and share best practices in order to drive industry change. AMF Steering Committee 2014 David Atterbury Cornerstone Capital Management Joseph Haddock Annaly Capital Management John Ratzesberger T. Rowe Price Simon Ball UBS Global Asset Management Michael Herskovitz Alliance Bernstein (Vice Chair) Jesse Robinson GE Asset Management Jason Brasile State Street Kyla LaPierre State Street Angela Schofield Wellington Management Company Michael DeBevec BlackRock Ted Leveroni Omgeo Mary Stone GE Asset Management Christopher Fedele Broadridge Cynthia Meyn PIMCO Tracy Winthrop JP Morgan Chase Christopher Fiorelli JP Morgan Asset Management Albert Morabito Federated Investors (Chair) Steve Wisneski Franklin Templeton 10 AMG Update – November 2013 through February 2014 SEFs Request for Interpretive Guidance Relating to Consent to Jurisdiction on SEFs: On January 23, AMG submitted a letter to CFTC staff requesting interpretive guidance for asset managers relating to the consent to jurisdiction requirement in the final SEF rules. The Jurisdiction Provision states that “prior to granting any eligible contract participant access to its facilities, a swap execution facility shall require that the eligible contract participant consent to its jurisdiction.” AMG believes that it should be sufficient for the asset manager, and not every underlying client, to consent to the jurisdiction of the SEF. On February 10, the CFTC issued guidance confirming that all participants must consent to the jurisdiction of a SEF, but that it is not necessary to obtain an affirmative writing. MAT Phased Implementation: On January 13, AMG requested that the CFTC grant relief from the effective dates for mandatory SEF execution for market participants that are neither swap dealers (SDs) nor major swap participants (MSPs) by not recommending enforcement action against any non-SD/non-MSP for non-compliance with a trade execution requirement for 90 days after the applicable effective date. On February 14, AMG submitted a supplemental letter providing additional information and supporting this request. Made Available to Trade (MAT): On December 2, AMG submitted comments on Javelin’s MAT determination suggesting that the determination should have been rejected by the CFTC before Javelin amended their MAT determination to radically narrow the scope of swaps that it covered. Javelin took this action after receiving considerable pressure from buy-side participants, including AMG. Recordkeeping: On December 10, AMG submitted a noaction request to the CFTC requesting interpretive guidance and relief on the application of the CFTC’s Rule 1.35 relating to oral and written recordkeeping requirements applicable to members of SEFs as it relates to asset managers. In response to this request, on December 20, the CFTC issued time-limited no-action relief to commodity trading advisors from complying with the oral recording portion of the rule until May 1, 2014. EMIR On December 19, AMG submitted a letter to the European Commission requesting a deferred start date for the application of the reporting obligation under the European Market Infrastructure Regulation (EMIR) to buy-side market participants for a period of at least one year. The European Commission responded on January 30, denying this request. AMG also provided comments on the ISDA-FOA template agreement for delegated reporting, which was published in January. POSITION LIMITS Aggregation Extension Request: On December 20, 2013, AMG, together with ISDA, submitted a request to extend the comment deadline for the aggregation of positions rule proposal to match the comment deadline for the position limits proposal. On January 9, the CFTC granted this request. Aggregation of Position Limits: On February 10, AMG submitted comments to the CFTC on its Aggregation of Positions proposal. AMG expressed concerns with certain aspects of the proposal, including owned entity aggregation, investment in accounts or pools withthe “substantially identical trading strategies”, and certain elements of the Independent Account Controller Exemption. Position Limits: On February 10, AMG submitted comments to the CFTC on its Position Limits on Derivatives proposal. AMG asked the CFTC to withdraw this proposal as it has not found that speculative position limits are “necessary” and “appropriate” and fulfilled its statutory mandate to examine commodities on a contract-by-contract basis. If the CFTC determines to move ahead with final rulemaking, AMG makes several recommendations, including: modifying spot-month and non-spot month limits, preserving the risk management exemption, granting counterparties to “commodity index contracts” an exemption, exempting registered investment companies and ERISA accounts, and expanding the grandfathering relief available to pre-existing positions. 11 ASSET MANAGEMENT UPDATE MUNICIPAL ADVISOR On January 2, AMG, together with the Investment Adviser Association, requested an extension of the SEC’s muni advisor rule for SEC-registered investment advisers that provide investment advice to municipal entities pursuant to an advisory agreement regarding a portfolio of investments that contains swaps or securitybase swaps as part of ongoing portfolio management. The SEC issued a set of frequently-asked questions on January 10, clarifying that registration as a municipal advisor would not be required under these circumstances. On January 13, the SEC extended the date for compliance with the final municipal advisor rules until July 1, 2014. OFR ASSET MANAGER STUDY On November 1, AMG submitted comments to the SEC on a study published by the Office of Financial Research of the U.S. Department of Treasury (OFR) and commissioned by the Financial Stability Oversight Council (FSOC), Asset Management and Financial Stability. AMG expressed that the OFR study lacks evidence of rigorous analysis, and therefore, does not reflect an accurate or effective understanding of the role of asset managers, the relationship between asset managers and the investment products they offer, and the factors that link asset managers and investment products to potential financial market distress. MONEY MARKET FUNDS On September 17, AMG submitted a letter to the SEC on their Money Market Fund Reform; Amendments to Form PF proposal. AMG expressed concern that certain of the proposed reforms would either obstruct the operation of money market funds or alter their indispensable characteristics, harming shareholders who rely on them as a cash management tool and issuers who depend on money market funds as an important source of financing. Among other things, AMG urged the SEC not to adopt both a floating NAV and fees and gates proposal, and suggested that the SEC exempt tax exempt funds and change the definition of a retail fund. AMG also identified certain transition, tax, accounting and brokerage suitability issues that must be addressed in any regulatory changes applicable to money market funds. 12 JOIN THE AMF AND AMG The AMF/AMG is now accepting applications for membership from asset managers, custodian banks and vendors. ASSET MANAGERS FORUM www.sifma.org/amf SIFMA 120 Broadway New York, NY 10271 AMF/AMG PROFESSIONAL STAFF Tim Cameron Matt Nevins Elisa Nuottajarvi Peter Ryan 212-313-1100