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BNP Paribas

As India becomes an increasingly attractive environment for foreign investors, demand for securities services is more competitive than it has ever been. Subsequently companies are seeking to become expert in varying products in order to differentiate themselves from their competitors. International banks are entering into partnerships with domestic institutions as a means of breaking into the local market. This is encouraging the growth of infrastructure on the ground.

All international banks want a slice of the cake. The biggest challenge is to differentiate your product from your competitors and try and win clients that way

Although India was not immune to the financial crisis, stability in the region continues to return. The country had the second highest growth in the world among major economies with 6.5% for 2009, according to the World Bank figures. This has helped to attract companies looking to expand their footprint in Asia. Custody services have benefited from this trend as new players have entered the Indian market.

In March 2010, BNP Paribas Securities Services (BNP Paribas SS) was granted a custody licence by the country’s regulator, the Securities and Exchange Board of India (Sebi). This allows the company to provide local custody services in addition to the listed derivatives clearing services it already provides from Mumbai.

Since March it has been training staff and ensuring all global IT systems are adapted effectively to the Indian market. Pierre-Alexandre Thome, head of BNP Paribas SS in Mumbai, explains that client demand has driven the extension to the custody market.

“We have had queries from our present clients looking to invest into India so we wanted to optimise on the potential opportunities. We expect to end the year with three internal clients,” Thome says.

He adds that BNP Paribas SS’s objective for the next one to three years is to leverage on the bank’s global custody operations in order to obtain significant revenues within the Indian market. It also hopes to attract a sizeable number of external foreign clients, a feat Thome believes is achievable.

As part of its strategic development in India, BNP Paribas SS also partnered with Sundaram Business Services (SBS) at the beginning of 2009 and is now operating two joint ventures from Chennai. Sundaram BNP Paribas Fund Services delivers fund administration and fund services to Indian asset managers and institutional investors.

BNP Paribas Sundaram Global Securities Operations provides transaction processing and middle-office operations, a platform to support Asia-based BNP Paribas SS locations. The joint venture, 49% owned by BNP Paribas SS and 51% owned by SBS, adds to an existing strategic partnership between the two groups established in 2005.

Thome says the joint-venture between the two companies brought together BNP Paribas SS’s global capabilities and technology and SBS’s local expertise and knowledge. “BNP Paribas SS has enjoyed a successful relationship with SBS for a few years now, so it was almost an evolutionary move. The two separate entities filled each other’s gaps where they needed filling and the move has proved very successful, resulting in pleasing revenues,” Thome says.

He adds that the BNP Paribas group views the Indian market as one of the most exciting and rapidly developing markets in the world with substantial growth potential. He hopes the new custody operations will enhance this further.

BNP Paribas SS is a relative latecomer to the Indian custody market. At present there are around 16 registered custodians in India, although not all are active. Most global names are on the ground including the big name players such as JP Morgan, HSBC, Citi, Deutsche Bank and Standard Chartered Bank (SCB). They all service the foreign investor sector.

As India benefits from growing interest in emerging markets, foreign investment is one of the most significant drivers behind developing market infrastructure in the country.

Net inflows from foreign institutional investors (FIIs) in the financial year 2009-10 amounted to $24.6 billion, according to data from the regulatory authority Sebi. In the first week of November 2010, daily net equity inflows from FIIs amounted to an average of $711.8 million a day.

There are also encouraging signs that the market infrastructure is developing. International central securities depositary (ICSD) Clearstream is planning to roll out settlement services for clients across India shortly, in synchronisation with other emerging markets, as interest grows in the country.

While Clearstream is active in Russia and China already as an international central securities depositary (ICSD), India has not been previously connected to the network as it is a very tightly regulated market, explains Mark Gem, head of network management and a member of Clearstream International’s executive board.

The India link is still in development as Clearstream evaluates which solution to offer clients. The current accounts structure in discussion would recognise Clearstream as a global custodian in the technical but not the commercial sense, notes Gem.

“We are satisfied that this is a viable structure to proceed to due diligence which is what we’re now doing together with the authorities and business partners locally,” he notes. Gem says the Indian regulatory regime is highly complex and that the due diligence on the structure will as a result be complex and long.

Mrugank Paranjape, head of direct securities services for Deutsche Bank in Southern Asia, says the Indian market is competitive, particularly in the area of foreign investment, with many big custodians actively competing for business.

But there may be more than enough work for all as the country is attracting many offshore investors wanting to put money into emerging domestic funds, including mutual funds. “All international banks want a slice of the cake. The biggest challenge is to differentiate your product from your competitors and try and win clients that way,” Paranjape comments.

The mutual fund business is especially lucrative for securities services providers, given its rapid growth. The domestic mutual fund industry was worth $2,242 billion in 2009-10, an increase of 84% over the previous year, according to Sebi. FIIs still make up a small part of that business, but it is increasing with the rise in foreign investment. In 2009 FFIs and non-resident Indians contributed 5.5% to net mutual fund assets, according to Sebi.

Competition for mandates is particularly fierce because once awarded companies tend to continue working with the same institution. Paranjape says it is extremely difficult to switch mandates in India. It is very rare for companies to change custodian once they have made their initial choice.

As a result global banks such as Deutsche Bank are cultivating areas of the market in order to stay ahead of the game. For Paranjape, developing the Indian mutual fund business, and attracting private equity clients, has been of the greatest focus over the past two years.

Paranjape notes that Deutsche Bank has an approximately 27% market share in the mutual funds custody business and around $135 billion of assets under custody in India.

SCB has also established its own area of market share. In August 2007 the bank entered into a strategic partnership with Securities Trading Corporation of India (STCI), acquiring a 49% stake in UTI Securities, an Indian brokerage house.
Prakash Guptan, head of investor and intermediaries’ transaction banking for SCB in India, says the acquisition enabled the bank to grow its equity capital and broking business. Consequently SCB now holds a market share of around 12% in equity capital broking. It also has approximately $54 billion of assets under custody in India.

The bank is building on its Indian business through another acquisition, after entering into a deal in April to acquire Barclays Bank’s African custody business. The agreement is expected to be completed by the end of the year.

SCB in India will benefit from the African acquisition as it includes direct custody capabilities from Mauritius. According to Guptan, over 40% of capital flows in the fund market into the Indian market come from Mauritius. This includes hedge funds and family offices that are registered in Mauritius and seek to invest into India due to its rapid growth opportunities.

“Having capabilities in Mauritius will mean that investors who want to come into India can now do so directly through us. We will now be able to cross-sell India custody services,” Guptan says. He believes the Barclays acquisition will differentiate SCB significantly from other players.

In May 2010, the bank also launched its first-ever Indian depositary receipt (IDR) offering. SCB issued R240 million ($5.38 million) worth of IDRs with every 10 representing one share of Standard Chartered. The IDRs were allocated at R104 ($2.33) each. Guptan says the IDR offering was an “anchor investor” portion of a $588 million IDR issuance by the bank.

The issue of IDRs are the first of its kind for India. Like American or global depositary receipts, where Indian companies are able to raise resources overseas, IDRs enable foreign companies to do the same in India.

The issuance of IDRs is not the only initiative being used as a driving force for investment into the country. An increasing amount of investors are now seeking to apply for initial public offerings (IPOs) into India through the application supported by blocked amount (Asba) route.

The Asba facility was initiated by SEBI in 2008 and has recently gained pace as the economy takes adantage of the general recovery from the global recession. The Asba facility allows an investor to apply for public issues by using the blocked amount facility. The funds leave the investors’ bank account only when shares are allocated, explains Ravikanth Konteti, head of JP Morgan Worldwide Securities Services in India. The company holds around $60 billion of assets under custody in India.

According to Konteti, 50% of qualified institutional buyers have invested using the Asba route. “This recent movement has clearly brought efficiency to the market place. Funds remain in the investors account and the reduced hand-offs between various market participants enables a much shorter timeline for completion of a public issue,” Konteti says.

India’s progress is not likely to slow any time soon. If securities services providers specialising in new products continue to enter the market and develop as they have over recent months, then they will continue to foster growth in India’s financial markets.

Source: ICFA

Wells Fargo is to acquire hedge fund administration specialist LaCrosse Global Fund Services.

wells fargo

Wells Fargo has entered the hedge fund administration and middle office outsourcing business with the acquisition of LaCrosse Global Fund Services, a business unit of Cargill.

LaCrosse provides traditional fund administration services, operational support, derivatives processing, bank debt processing and cash/collateral management for hedge fund clients.

Lacrosse was formerly the operations and administration arm of Cargill Global Capital Markets. In 2003, Cargill turned its trading and investment business into an independently managed subsidiary known as Black River Asset Management. LaCrosse supported Black River’s operations and was spun off as a provider of middle and back office services to hedge funds in 2007.

LaCrosse’s management, service teams and systems, led by co-CEOs Stuart Feffer and Christopher Kundro, will be transferred to Wells Fargo as part of the transaction. The company promised “complete continuity of services” for existing clients. Wells Fargo will also continue to maintain LaCrosse’s offices in New York, Minneapolis, London, Dublin, Singapore, Buenos Aires and Jersey.

“This integration provides us with a huge opportunity to leverage our strong corporate trust market reputation with LaCrosse’s experience and expertise, and offers our clients a full suite of hedge fund administration services,” said Doc Walther, head of structured product services at Wells Fargo.

Following completion of the acquisition, LaCrosse clients will be able to make use of the services offered by Wells Fargo, including custody, cash management, trust, paying agent, and other related banking services.

Barclays Capital served as an advisor to Cargill in this transaction, while the structured product services division within Wells Fargo corporate trust services sponsored the deal. The acquisition is still awaiting regulatory approval in several jurisdictions.

Source: ICFA

India has released draft regulations that could create a platform for the emergence of a domestic hedge fund industry

In early August, India joined the list of countries reworking domestic rules to regulate hedge funds. A concept paper by the country’s regulator, the Securities and Exchange Board of India (Sebi), which includes the “indicative regulations”, has been released for comments.

The draft Securities and Exchange Board of India (Alternative Investment Funds) Regulations 2011 includes provisions that would drastically alter the way the Indian fund management industry is run. The document is open for comments until August 30.

India’s investment management regulation is currently limited to mutual funds, collective investment schemes, venture capital funds (VCFs) and portfolio managers. The proposed regulation widens the range of funds allowed to be marketed in India and includes specific hedge funds under one of the nine categories to be governed by the proposed regulations.

There are few hedge fund managers operating in India. Most managers exploiting opportunities in the country are based in Singapore, Mauritius and Hong Kong, as well as the UK and the US.

Given the rise of wealthy individuals as well as institutional investors interested in a broader range of investment choices in India, the proposed regulation could nurture the development of a domestic hedge fund industry.

A related issue India will have to address will be how it develops local service providers to support the emergence of hedge funds.

Under the proposed regulations, Sebi will “register and regulate the formation of investment funds” that raise capital from institutional or high-net-worth individuals  interested in investing “in accordance with a defined investment policy for the benefits of those investors”.

Hedge funds are not listed as a separate category in the discussion document but are included under “strategy funds”. This is described as a “residual category including all varieties of funds such as hedge funds”.

Vik Mehrotra, fund manager at US-based hedge fund Venus Capital, which runs a number of India-focused strategies, welcomed the draft regulations. They will “increase the transparency in the alternative investment fund industry and will benefit all the stakeholders,” he tells Hedge Funds Review.

Pointing out the need for long-term cost-effective funding sourced from private pools of capital, he says the draft was a “welcome beginning”, as regulations would “evolve over a period of time because these are generally complex vehicles of investment”.

Akil Hirani, an Indian lawyer who has been calling for a more liberal approach from the country’s regulator with respect to hedge funds, also welcomes the draft regulations “as they seek to fill in some gaps in the current regulations”.

The current Sebi (Venture Capital Funds) Regulations 1996 “need a revamp because they were enacted in an era when venture capital was in its nascent stage globally. From this perspective, the new regulations are welcome as they seek to fill in some of the gaps in the current regulations,” comments Hirani, a managing partner in a Mumbai-based international law firm Majmudar.

According to the concept paper, “any fund operating as [a] hedge fund shall be required to be registered as a strategy fund”. The strategy funds would “be guided by the strategy it specifies at the time of registration with no other restrictions”, it adds.

The proposed regulation defines a strategy fund as one that includes “all those private investment funds including any entity operating as a hedge fund, displaying any one or a combination of some of the following characteristics: pooling of capital from institutional or high-net-worth investors for investment in securities, derivatives and structured products; more diverse risks or complex underlying products are involved”.

In addition, Sebi proposes to impose five conditions on strategy funds. A fund may “specify any strategy in any class of financial instruments” and invest in derivatives and complex structured products “subject to requirement of suitability and disclosure to investors”.

A strategy (hedge fund) fund would be allowed to leverage long or short funds with consent from the investors subject to a maximum leverage “as may be specified” by Sebi.

Transparency is also highlighted in the paper. Funds employing leverage “shall disclose information regarding the overall level of leverage employed, the leverage arising from borrowing of cash or securities and the leverage arising from position held in derivatives, the reuse of assets and the main source of leverage in their fund”, the draft says.

Strategy funds will also need to “ensure that the leverage limits are reasonable and shall demonstrate how it complies at all times with those reasonable limits”.

The concept paper says the proposed regulations will make registration a mandatory requirement for funds intending to operate under nine specified categories: VCFs, Pipe (private investment in public equity) funds, private equity funds, debt funds, infrastructure equity funds, real estate funds, SME funds, social venture funds and strategy funds.

Such funds could be formed as companies, trusts or body corporates, including limited liability partnerships.

The proposed regulations detail disclosure of information that would be required. The fund manager, asset management company or trustees of the company would report specific information as well as any changes in structure or trading conditions directly to Sebi.

When registering with the regulator, a fund would need to “specify the category under which it is seeking registration, the targeted size of the proposed fund, its life cycle and the target investor”.

The proposed regulations provide for reporting and disclosure norms that have to be followed strictly by funds.

In addition, Sebi is contemplating prescribing various investment conditions. “The draft regulations seem to be adequate, although with regard to strategy funds, under which hedge funds fall, some of the conditions may not be feasible,” says Hirani. He is referring to restrictions on the number of shareholders or partners to 50, and the mandatory requirement that funds be close-ended. Both these conditions are contained in the consultation document.

Pawan Badhla, assistant fund manager at Venus Capital, says hedge funds could merit a separate category on their own. “We think hedge funds should have a separate category due to the variety and complexity of their investments.”

Some other grey areas in the draft regulations have also been highlighted. For instance, although Sebi proposes permitting leverage, it is unclear if the Indian banking system would support this. It is also unclear if foreign banks with prime brokerage facilities would be able to operate such services in India for locally based hedge funds.

Another unresolved issue is the provision under section 11 (1) of the draft regulations. This says “funds shall be close-ended and the duration of a fund shall be determined at the time of registration”. Hedge funds are open-ended structures.

Usually, Sebi conducts an internal consultation after comments are received and before a decision is taken on whether to go ahead with proposed regulations. If the regulatory body decides to implement the regulation, it could take anywhere from three to six months before adoption, according to an informed source.

Source: Hedgefundsreview
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