REPRINT 2015 Sub Custody Survey Sub Custody Survey reprinted from Global Investor/ISF February/March 2015 europe | austria UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 UniCredit 3 Raiffeisen Bank International 4 Deutsche Bank WEIGHTED Rank 1 BNP Paribas Securities Services 2 UniCredit 3 Deutsche Bank 4 Raiffeisen Bank International Score 6.35 5.70 5.53 5.31 Score 6.69 5.39 5.23 3.68 In August 2014, the Central Counterparty Austria (CCP.A) achieved authorisation under European Market Infrastructure Regulation (Emir) from the national regulator. Following the schedule that the record date needs to be implemented before switching to Target2-Securities (T2S), the Austria Corporate Action National Implementation Group (Canig) decided in June 2014 to realise this mandatory step. The appointed date from which only the record date will be applicable for corporate events is November 16 2015. Austria has introduced a range of initiatives aimed at easing intermarket connectivity and standardisation, says Robert Scott, head of custody and collateral solutions at Commerzbank. “The impact of not having a derivatives market affects the scale of growth and 2 product innovation. However, in 2014 there were record increases in corporate bond issuance, roughly half of which were issued by domestic companies. There have also been significant increases in equity volumes.” According to Scott, service providers have been focused on impending changes to the Austrian tax reclaim procedure along with challenges in reporting and the ability to effectively strip out costs along the transaction lifecycle. Please contact Cornelia Raif on [email protected] or +49 6915 20 5517 for further details belgium UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank WEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank Score 5.68 5.53 Score 5.99 5.32 The National Bank of Belgium (NBB) decided to follow a two-phase adaptation plan for T2S, with the first phase in 201415 and the second (the actual migration to T2S) in 2016. In the first phase, which went live in early February, the NBB implemented new CSD securities settlement system software that incorporated T2S-com- reprinted from february/March 2015 GLOBAL INVESTOR/ISF pliant features. Migration to T2S will be completed in March 2016. According to NBB, the purpose of this two-phase approach was to spread the project risks and offer the benefits of the new harmonised system before the full migration. It estimated that by updating the software early, 80% of the procedures and functionalities required by or offered in T2S were already available to market participants. NBB already had plans to update its technology platform, so the first phase of its T2S adaptation plan gave it the opportunity to update its IT system and make its CSD fully compliant with the latest market standards. The bank also made an early start in the reduction of the socalled Giovannini barriers to EU market integration . Please contact Nathalie Prunier on [email protected] or +33 142 984 213 for further details cyprus UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Eurobank WEIGHTED Rank 1 BNP Paribas Securities Services 2 Eurobank Score 6.01 5.59 Score 7.07 4.36 WWW.GLOBALINVESTORMAGAZINE.COM europe | Cyprus has the objective of becoming an investment fund centre in Europe. Recent changes in the legislative and regulatory framework have been introduced with the aim of placing the country on the global map of fund-friendly jurisdictions and enhancing its strong network of financial and professional service providers, explains Constantia Constantinou, head of wealth management operations at Eurobank Cyprus. “The Cypriot authorities have worked diligently to bring the funds framework on par with other international jurisdictions. These efforts include the enactment of the Alternative Investment Funds law in July 2014. Cyprus now offers a European passport to the fund management industry, providing possibilities for cross-border and global fund distribution.” Please contact Kelly Kakanaki on k e l l y. k a k a n a k i @ b n p p a r i b a s . c o m or +30 210 74 68 527 for further details france UNWEIGHTED Rank 1 Citi 2 Societe Generale Securities Services 3 BNP Paribas Securities Services 4 Deutsche Bank WEIGHTED Rank 1 BNP Paribas Securities Services 2 Citi 3 Societe Generale Securities Services 4 Deutsche Bank Score 6.05 5.95 5.82 5.48 Score 5.83 5.69 5.48 4.90 The French custody services industry is fairly stable and has not experienced any major changes over the last couple of years. In relation to T2S, 2015 will see the first wave markets going live in June. The Harmonisation of Distribution Dates (H2D) and the Harmonisation of Reorganisation Dates (HDR) are two projects that follow recommendations from Giovannini Group (barrier 3) and the European standards from CAJWG (Corporate Action Join Working Group). The next step is due in March 2015, when the custodians will upgrade their IT systems for mandatory events. This development is driven by an ESES platform delivery under the supervision of the French market implementation group chaired by SGSS. One of the unique attributes of subcustody provision in the country relates to BRN (Bordereau de Référence Nominative) management, explains Guillaume Heraud, global head of business development financial institutions and brokers at Societe Generale Securities Services (SGSS). “The registration process in the name WWW.GLOBALINVESTORMAGAZINE.COM of the nominee and/or beneficial owner includes the management of dedicated registration form (BRN) that needs to be sent to Euroclear France before TD+1, 7pm CET at the latest. Otherwise a letter of formal notice is sent to the custodian and can lead to penalties.” Please contact Nathalie Prunier on [email protected] or +33 1 42 98 42 13 for further details germany UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Commerzbank 3 Deutsche Bank WEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank 3 Commerzbank Score 5.86 5.82 5.34 Score 5.20 4.94 4.34 The German market has held up well over the last 12 months with clients continuing to place importance on regional expertise, says Robert Scott, head of custody and collateral solutions at Commerzbank. “Custody of assets is increasing at both the service providers and the CSD. Germany continues to play a significant role in the context of eurozone. For clients, it represents a relatively safe haven for their assets and Germany therefore still benefits from strong capital inflows. Additionally, for German custodians incorporated in the country, clients have significant comfort that their assets are protected under federal law (Depotgesetz) in the event of insolvency or stressed situations.” Legal requirements have been further clarified and amended with the entry into force of regulatory requirements as Ucits V, the AIFM directive and the German Capital Investment Legislation (KAGB). Almost all contracts and service level agreements (as well as processes and documentation) had to be adapted to ensure compliance with the last of these regulations, explains KAS Bank Germany managing director Frank Vogel. The legal requirements of KAGB, the level 2 regulation related to the AIFM directive and some preliminary decisions under the previous interpretations of the law require an update of the previous custodian circular BaFin 6/2010 (WA). BaFin has published a working document and discussions are ongoing through sessions of the local working group, which includes representatives of custodian banks. Please contact Cornelia Raif on [email protected] or +49 6915 20 5517 for further details greece UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Eurobank 3 HSBC WEIGHTED Rank 1 HSBC 2 BNP Paribas Securities Services 3 Eurobank Score 5.87 5.69 5.66 Score 7.47 6.32 3.92 Aside from regulatory changes such as Fatca, the AIFM directive and the tax changes that local custodians have had to closely monitor and assess for their impact on investors, two major changes in the Greek market were undertaken by the Athex Group over the last 12 months. These were the switch from T+3 to T+2, enforced in October, and the implementation of Emir, in December. In relation to T2S, the number of market specific attributes in Greece is limited, as is their impact in terms of scope of transactions or impacted parties, says Menelaos Demetriou, securities country manager Greece and Cyprus at Citi, adding that Bank of Greece Settlement System has taken a pragmatic approach to embrace the recommendations of the corporate actions sub-group. Despite the turmoil that has significantly impacted the Greek economy over the past few years and which has resulted to a significant decrease in the assets under custody, the provision of securities services remains a reliable source of income for the domestic banks, which are investing in post-trade services, adds Dimitri Vassiliou, head of securities services at Eurobank. Please contact Kelly Kakanaki on k e l l y. k a k a n a k i @ b n p p a r i b a s . c o m or +30 210 7468 527 for further details hungary UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank 3 Raiffeisen Bank International 4 UniCredit 5 Citi WEIGHTED Rank 1 BNP Paribas Securities Services 2 Citi 3 Raiffeisen Bank International 4 UniCredit 5 Deutsche Bank Score 6.66 5.77 5.76 5.70 4.96 Score 6.51 5.86 5.48 5.29 4.06 Several changes affected the regulatory environment and market infrastructure in Hungary during 2014, most notably the switch to the T+2 harmonised settlement cycle, implementation of the AIFM directive regulations and the changes related GLOBAL INVESTOR/ISF reprinted from february/March 2015 3 europe | to the new Civil Code. The AIFM directive discussions were concentrated around two major topics: the new oversight duty of the depositories and the valuation function. The Hungarian parliament also passed the modifications of the tax rules for 2015 and pursuant to this the planned Financial Transaction Tax for securities and securities based derivative transactions will not enter into force in 2015. The most important change relating to securities and capital markets was the regulation, based on which public companies have to apply for stock exchange listing until March 15 2016 (if they want to operate publicly), says Babett Pavlics, head of GSS & FI Hungary at Raiffeisen Bank International. “As of March 15 2014, companies can be established in private limited form only and become public after being listed on a stock exchange. Several definitions, such as trust/trustee or the security itself have also been updated.” Please contact Gyorgy Cselenyi on g yorg [email protected] or +361 374 6161 for further details italy UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Societe Generale Securities Services 3 Deutsche Bank 4 Intesa San Paolo WEIGHTED Rank 1 BNP Paribas Securities Services 2 Societe Generale Securities Services 3 Intesa San Paolo 4 Deutsche Bank Score 5.87 5.80 5.70 5.44 Score 6.53 5.85 5.43 3.92 One of the main challenges in the Italian market is the harmonisation of corporate actions on flows, with market participants actively working to implement a smooth approach to new and standardised market practices. Following the definition of T2S functionalities and specifications, covering principally securities settlement activities, some significant additional work is in progress to define common standards for various related activities that hinge on the common settlement platform. The Italian National User Group (NUG) is promoting discussion on the harmonisation of the insolvency procedures to be followed in T2S, one of the many items that requires common principles under wider legal, regulatory and supervisory perspectives. “Following the introduction of second layer matching in September 2012, Citi has been a strong advocate of the adoption of market standards to optimise usage across market participants,” says securities country 4 manager Franco Carulli. “This materialised in early 2014 when Monte Titoli organised a working group of custodians. As a result the BIC11 was agreed as the market standard and adopted in April, thereby significantly reducing the inefficient practice of telephone pre-matching in the market.” Please contact James Woods on j a m e s .w o o d s @ b n p p a r i b a s . c o m or +39 02 7247 4251 for further details netherlands UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Citi 3 Deutsche Bank WEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank 3 Citi Score 5.67 5.57 5.56 Score 6.69 5.78 5.14 Following discussions since 2011 to expand the protection of derivatives investors in the Netherlands under the Securities Giro Transfer Act (SGTA), it appears that a workable solution has been agreed upon. This means that from late 2015 the protection of investors in derivatives will be as strong as for securities, where since January 2011 the SGTA aims to offer holders protection against the effects of a custodian’s bankruptcy. Over the course of 2014 key elements of Emir were implemented, including repapering (renewal of contracts between parties in derivatives contracts) and reporting of OTC and exchange-traded derivatives. The Dutch are also active in discussing the recently published consultation on shadow banking, also known as the regulation on reporting of securities financing transactions. As with many other euro markets, the Dutch market has been preoccupied with T2S says Arno Vroom, head of network management at KAS Bank. “In June 2015, wave 1 of this project will go live. The posttrade providers in the Netherlands work together in the Dutch Advisory Committee Securities Industry (DACSI).” Please contact Nathalie Prunier on [email protected] or +33 1 42 98 42 13 for further details Poland UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Societe Generale Securities Services 3 Deutsche Bank 4 Raiffeisen Bank International 5 ING 6 UniCredit 7 Citi reprinted from february/March 2015 GLOBAL INVESTOR/ISF Score 6.39 6.37 6.03 5.84 5.55 5.12 5.11 WEIGHTED Rank 1 Raiffeisen Bank International 2 ING 3 UniCredit 4 BNP Paribas Securities Services 5 Citi 6 Deutsche Bank 7 Societe Generale Securities Services Score 6.53 6.01 5.51 4.66 4.41 4.09 3.59 Changes introduced in Poland during 2014 include the introduction by the Warsaw Stock Exchange of the WIG50 and WIG250 indexes and agreement on new standardised forms for corporate actions for exchange offers, right issues and tender offers. Developed by brokerage houses and custodian banks, the new forms and required information and method of its transmission are expected to simplify the handling of corporate action events. Partial settlement and netting services in securities for cash market clearing have been introduced (KDPW_CCP), although participation in the service is not mandatory, while the national depository for securities (KDPW) changed the settlement cycle to T+2 as of October for shares, rights to shares, depository receipts, ETFs and investment certificates. Also in October, KDPW_CCP implemented a negotiated securities lending and borrowing service, while other developments in 2014 included KDPW as the numbering agency starting to assign FISN codes and the implementation of trade repository KDPW_ TR to meet Emir requirements. “The main change to be introduced in 2015 is that custodians and brokers will be tax paying agents for withholding tax on dividend and validity of certificate of residence one year from issue date,” says Jerzy Kałowski, global banking & markets, global transactional banking/custody & securities services Bank Zachodni WBK (Santander Group). Please contact Zbigniew Scislowski on [email protected] or +48 22 38 61 140 for further details portugal UNWEIGHTED Rank 1 Santander 2 Deutsche Bank 3 BNP Paribas Securities Services WEIGHTED Rank 1 BNP Paribas Securities Services 2 Santander 3 Deutsche Bank Score 5.92 5.62 5.55 Score 6.67 5.22 4.89 In October 2014 the Portuguese securities market moved from T+3 to a T+2 settlement cycle following the harmonisation introduced by CSDR. “As the Portuguese market will be joining T2S in the second wave, March 2016, 2015 WWW.GLOBALINVESTORMAGAZINE.COM europe | will be an important year for the industry in terms of completing the necessary adaptations towards the migration to the European settlement platform by means of changes from a business and an operational point of view,” says Rita Roque, head of custody and securities services at Banco Santander Totta. Please contact Nathalie Prunier on [email protected] or +33 1 42 98 42 13 for further details spain UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 BBVA 3 Societe Generale Securities Services 4 Santander WEIGHTED Rank 1 Societe Generale Securities Services 2 BBVA 3 Santander 4 BNP Paribas Securities Services Score 5.93 5.63 5.29 5.28 Score 6.08 5.23 5.22 5.12 Spanish banks are reviewing their network management strategies, which range from examining their existing correspondent and custodial bank relationships to looking at proprietary processes and deciding which non-core functions could be managed in a cost-efficient but risk-averse manner by a third party. BBVA Institutional Custody refers to the decoupling of liquidity services from pure custody. Questions remain on where custody can be core to future business models in the face of continuing economic uncertainty, increased regulation and supervision and price compression pressures, says José Maria Alonso Gamo, managing director RBC Investor & Treasury Services Spain. “With continued volatility in the equity and FX markets, increasing demand for improved technology and demand for balance sheets to be bolstered, we may yet see further consolidation of custodial activity and on the number of providers in the market.” Market reform in Spain is picking up speed to ensure that the market conforms to Emir, pre-T2S settlement scenarios and corporate action harmonisation, as per the output from the CAJWG (Corporate Action Joint Working Group), adds Alvaro Camunas, head of Spain, Portugal and Latin America for BNP Paribas Securities Services. Please contact Soledad Lecube on [email protected] or +34 91 388 8716 for further details switzerland UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 UBS 3 Credit Suisse WWW.GLOBALINVESTORMAGAZINE.COM Score 6.40 5.91 5.48 WEIGHTED Rank 1 Credit Suisse 2 UBS 3 BNP Paribas Securities Services Score 6.47 6.05 5.46 Significant progress in preparation for T2S was made in Switzerland last year and by June 2015 the Swiss market will be fully compliant with the T2S corporate action standards. The trend to further consolidate networks and avoid additional links in the custody chain has accelerated and is expected to continue through this year. A law proposal of the Swiss Federal Council has been published to adapt the Financial Market Infrastructure Act (FMIA) in a way that it is equivalent to Emir and international recommendations, although with more than 80 requested changes from the industry it is expected that FMIA will not be formally enacted before the end of 2015. Also in 2014, the Federal Council launched a reform to strengthen the capital market with the proposed introduction of the paying agent principle for bonds instead of the current debtor principle. In preparation for T2S, automated Swiss cross-ex compensation will be replaced by the Europe-wide agreed best market practice market claim procedure. Other important changes will be in the field of rights trading with a move from T+2 to T+1 as well as a manual buyer protection procedure, explains Ronald Akkermans, head custody, FI, sales and business development at UBS. Please contact Neil Collins on [email protected] or +41 58 212 6320 for further details turkey UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank 3 Citi WEIGHTED Rank 1 Citi 2 Deutsche Bank 3 BNP Paribas Securities Services Score 6.44 5.54 5.34 Score 6.26 5.57 4.75 Turkey’s Capital Markets Law aims to align regulations and market practice in the country with those of the European Union while strengthening investor protection and market liquidity. Notable changes include implementation of squeeze-out rights; the introduction of licensing requirements for sub-custodian banks where providers of custody or sub-custody services are obliged to obtain a general custody licence from the Capital Markets Board (CMB); and the use of trading, clearing, market information and risk management systems and CSD settle- ment systems of Nasdaq OMX Group by BIST (Borsa Istanbul) and Takasbank. Transfer of votes via Swift to the electronic general meeting system (e-GEM) is expected to be provided in 2015, says Ibrahim Yurtlu, manager custody and clearing at HSBC Securities Services. With investment funds representing only around 2% of Turkish GDP, there is significant potential for growth adds Geraud de Saint Vincent, head of Turkey at BNP Paribas Securities Services. “The newly created portfolio custodian concept, a version of the depositary bank, opens up room for specialised securities services providers.” The Turkish Council of Ministers has decided to offer up to 42.75% of Borsa Istanbul, the Turkish stock exchange, in 2015 with a possible extension into 2016. Please contact Ertunc Gurson on [email protected] or +90 216 635 2371 for further details uk UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 HSBC WEIGHTED Rank 1 HSBC 2 BNP Paribas Securities Services Score 6.20 5.61 Score 6.44 5.36 The UK market has undergone significant market and regulatory change during 2014. The most prominent change was the shortening of the trade settlement cycle for Crest instruments from T+3 to T+2 in October 2014, as required by CSDR. From a product perspective, an increasing number of fund managers enabled settlement of their collective investment schemes in Crest. Regulatory developments included the AIFM directive, CRD IV (Capital Requirement Directive), Dodd-Frank and Fatca. “Looking ahead, the UK will continue to face further market and regulatory challenges including proposed changes to the Bank of England’s real time gross settlement (RTGS) infrastructure aiming to extend the Chaps and Crest settlement day, full dematerialisation of the market and UK banking reform regulation,” says Alistair Jones, head of custody Europe at HSBC Securities Services. The UK was one of 22 markets in Europe to adopt a T+2 settlement cycle, which Julien Kasparian, head of sales and relationship management at BNP Paribas Securities Services describes as one of the most important initiatives in European securities markets since the euro conversion. Please contact Julien Kasparian on [email protected] or +44 (0) 20 74 10 1269 for further details GLOBAL INVESTOR/ISF reprinted from february/March 2015 5 middle east and africa | MOROCCO UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Citi 3 Societe Generale Securities Services WEIGHTED Rank 1 Citi 2 BNP Paribas Securities Services 3 Societe Generale Securities Services Score 6.37 5.14 4.96 Score 6.20 5.62 5.19 Changes to sub-custody arrangements in Morocco in 2014 included the implementation of real-time settlement for off-market trades. Regulatory developments from the Moroccan market regulator resulted in amendments to the market code with the addition of a new section dedicated to securities lending. According to Hasnâa Barzali, head of securities services in Morocco, Societe Generale Securities Services, the planned introduction of Islamic finance in Morocco by next year will permit the creation of new specialist entities, among them Gulf banks keen to enter the Moroccan market. Planned changes to sub-custody arrangements include the normalisation of Swift exchanges between the Moroccan CSD and its affiliates, as well as the implementation of securities lending schemes in the securities IT system. Sylvie Nouri, head of Morocco, BMCI Security Services, says the market is making a lot of progress in reaching international standards and opening doors to investors in Africa and worldwide. “Looking ahead, we are excited about the opportunities arising from a partnership between the Casablanca Stock Exchange, London Stock Exchange and the African Stock Exchange [as well as] the introduction of a derivatives market in 2015. These are proof that Morocco is becoming more attractive.” Please contact Thomas Noel on [email protected] or +212 5224-61352 for further details stocks listed on both exchanges. “Most market participants are of the opinion that the benefits will outweigh the initial cost,” says Andreas Scharbach, head of sales and relationship management banks and brokers Australia, BNP Paribas Securities Services, who adds that ETFs are gaining momentum in Australia. Please contact Andreas Scharbach on [email protected] or +61 2 9222 0280 for further details to the China A-share market through their Hong Kong broker relationships, where they previously may not have been able to do so. There were a number of challenges that needed to be addressed for market participants to prepare for such a significant market change, which essentially saw two exchanges with different trading rules and technologies coming together, says Stephen Pemberton, managing director, head custody clearing & collateral services transaction banking at Standard Chartered. “As expected, some market participants are taking a wait-and-see approach. Nevertheless, this is a huge milestone, not just in Asia, but also for global financial markets as it is the first exchange link up of its kind.” Operationally, cross-boundary trades follow the settlement cycle of the respective market – for example, in Hong Kong A-share trades settle on transaction day and money settlement takes place on T+1, adds Soh Ee Fong, head securities & fiduciary services global transaction services DBS Bank. Please contact James O’Sullivan on [email protected] or +852 3197 3338 for further details asia pacific | australia UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 HSBC WEIGHTED Rank 1 HSBC 2 BNP Paribas Securities Services Score 6.36 5.62 Score 6.00 3.64 In September 2014 the Australian Securities Exchange (ASX) implemented a new process for the announcement of corporate actions (via online forms) and the automated capture of data contained in that announcement to facilitate straightthrough-processing (STP) for ASX and its customers. For issuers, the use of ASX online forms for announcing corporate actions will become mandatory on March 22 2015. From this date the use of these forms is required to announce dividends/distributions, interest payments/interest rate changes, securities splits/consolidations and cash capital returns. ASX has also confirmed its intention to shorten the settlement cycle to be in line with most major capital markets and extend its batch cut-off to 11:30am in March 2016. This move will be closely coordinated with New Zealand’s stock exchange (NZX) since there are many 6 hong kong UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 DBS Bank 3 HSBC 4 Deutsche Bank 5 Standard Chartered WEIGHTED Rank 1 = HSBC 1 = Standard Chartered 3 BNP Paribas Securities Services 4 Deutsche Bank 5 DBS Bank Score 6.61 5.92 5.74 5.67 5.30 Score 5.73 5.73 5.52 4.77 3.76 Shanghai-Hong Kong Stock Connect was announced in April 2014 and went live in November. One of the main benefits of this mutual market access programme is that offshore investors are able to gain access reprinted from february/March 2015 GLOBAL INVESTOR/ISF WWW.GLOBALINVESTORMAGAZINE.COM asia pacific | India UNWEIGHTED Rank 1 Deutsche Bank 2 BNP Paribas Securities Services 3 Societe Generale Securities Services 4 HSBC WEIGHTED Rank 1 HSBC 2 BNP Paribas Securities Services 3 Deutsche Bank 4 Societe Generale Securities Services Score 6.46 6.35 5.85 5.79 Score 7.16 5.54 5.06 4.18 In January 2014, the Securities and Exchange Board of India (Sebi) implemented the Sebi (Foreign Portfolio Investors) Regulations 2014 designed to rationalise foreign investments made into India by portfolio investors such as foreign institutional investors and qualified foreign investors. The regulations were introduced to make the Indian market a more attractive investment destination and include easier entry norms and operational framework for foreign entities. The FPI regime provides for a unified regulatory framework for former foreign institutional investors and qualified foreign investors. As per an announcement by Sebi following its board meeting on December 24 2013, the Department of Economic Affairs communicated to the Central Board of Direct Taxes and Sebi that all categories of foreign portfolio investors – foreign institutional investors/sub-accounts and qualified foreign investors – be given a similar tax treatment to that available to foreign institutional investors. Please contact Christophe Beelaerts on [email protected] or +91 22 6196 5050 for further details NEW ZEALAND UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 HSBC WEIGHTED Rank 1 HSBC 2 BNP Paribas Securities Services Score 6.03 5.46 Score 6.07 5.10 The second phase of New Zealand’s new capital markets and financial services law took effect from December 1 2014. Phase two of the Financial Markets Conduct Act 2013 (FMC Act) includes licensing provisions that extend to several hundred further businesses and a major shift in the quality of investor disclosure for financial products. It largely completes the regulatory overhaul that began with the Capital Market Development Taskforce’s final report in 2009. In addition to the FMC Act’s focus on licensing and conduct, the overhaul also included an expanded prudential role for WWW.GLOBALINVESTORMAGAZINE.COM Singapore the reserve bank, covering banks, insurers and non-bank deposit takers. Features of phase two of the FMC Act include two specific measures. Firstly, subjecting product disclosure statements for financial products – including debt and equity – to page limits. Secondly, the licensing of managers of registered schemes (managed investment schemes), derivatives issuers, independent trustees of restricted schemes and providers of discretionary investment management services. Several hundred organisations and individuals are expected to apply for licences over the next two years, bringing more than 11,000 firms, professionals, registered schemes and funds under the Financial Markets Authority’s mandate. Please contact Andreas Scharbach on [email protected] or +61 2 9222 0280 for further details SINGAPORE UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Standard Chartered 3 HSBC 4 DBS Bank WEIGHTED Rank 1 DBS Bank 2 HSBC 3 BNP Paribas Securities Services 4 Standard Chartered Score 6.55 6.51 6.07 5.26 Score 6.98 6.03 5.49 4.99 In 2014 the Singapore Exchange (SGX) introduced various circuit breakers and thresholds for error trades in an effort to promote greater safety and transparency. Nine public consultation papers were issued between the Monetary Authority of Singapore (MAS) and SGX on various topics related to the securities market, including proposed measures to improve the market structure and practices, enhancements to existing regulatory frameworks and new product offerings. Soh Ee Fong, head securities & fiduciary services global transaction services at DBS Bank, explains that this has resulted in the progressive planned implementation (in 2014 through to 2016) of several key changes that include fee revisions, board lot reduction, minimum share price and a new post-trade system that would enable the Central Depository (CDP) to offer new functionalities to investors and intermediaries, such as collateralisation for securities trading. Market participants and local custodians are therefore required to actively participate and enhance their current operating model to meet the requirements of this new infrastructure, adds Mostapha Tahiri, head of Singapore BNP Paribas Securities Services. Please contact Lily Lim on l i l y. l i m @ a s i a . b n p p a r i b a s . c o m or +65 6210 4972 for further details GLOBAL INVESTOR/ISF reprinted from february/March 2015 7 americas | BRAZIL UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Deutsche Bank 3 HSBC 4 Santander WEIGHTED Rank 1 HSBC 2 BNP Paribas Securities Services 3 Deutsche Bank 4 Santander Score 6.86 5.98 5.69 5.45 Score 6.57 6.34 4.70 3.48 On December 20 2013, the Brazilian Securities Commission (CVM) published CVM Instructions 541, 542 and 543, which regulate the roles and responsibilities of depositaries, custodians and registrar agents respectively, replacing CVM Instruction 89. This is being rolled out in two phases. The first phase applies only to new custodians or agents without a license from the CVM. The second phase will begin December 2015; by this deadline, all custodians that have already been granted a licence by the CVM will be required to adhere to the new rules. Particularly pertinent is CVM Instruction 542, according to Danilo Christófaro Barbieri, country manager at Santander Securities Services (S3). It establishes that the custodian must: i) Obtain special authorisation from CVM to be able to provide custodial services ii) Maintain operational and technological infrastructure and iii) Ensure the accuracy of information and procedures, especially related to processing and the registry of securities, among other subjects. The action by the CVM aims to ensure the actual existence of the assets traded in the Brazilian capital markets as well as the priority rights of each investor. “These regulations set a new standard in the infrastructure of the Brazilian capital markets and are driving the institutions involved in such activities to review and enhance their operations,” says Sergio Mello, head of HSBC Securities Services, Brazil. On February 5 2014 the Brazilian Central Bank held a public hearing to discuss a draft resolution created to update and ease the rules applicable to foreign investment in Brazil. The draft turned into Resolution 4.373 and will enter into force in March 2015. The set of proposals makes some concepts clearer, especially regarding rules for equity and fixed income investments. The new resolution also introduced new mechanisms in order to increase foreign investment in Brazil, such as the possibility of issuing depositary receipts using different types of securities. São Paulo-based stock exchange BM&FBovespa has launched new, consolidated clearing operations. The 8 Post-Trade Integration Project (IPN) combined four existing clearinghouses into a single entity. The first phase of the clearing integration was concluded on August 18 2014 and, since then, exchangetraded and OTC derivatives transactions have been settled in this new environment, replacing the former Derivatives Clearinghouse. The second phase of implementation, which will introduce equities into the new system, is planned for the end of 2015, according to Lai Ling, head of international securities services at Itaú Unibanco. Fixed income and FX markets are expected to be integrated at a future date. On June 19 2014 Santander announced its agreement with a group led by Warburg Pincus, including Temasek, for the creation of new custody business, Santander Securities Services (S3). The group acquired 50% of the new holding company that will integrate Santander Spain, Mexico and Brazil’s current custody and depositary bank business lines. Santander will continue to hold the remaining 50% of the business. Please contact David E Rodrigues on [email protected] or +55 11 3841 3065 for further details COLoMBIA UNWEIGHTED Rank 1 BNP Paribas Securities Services 2 Citi WEIGHTED Rank 1 Citi 2 BNP Paribas Securities Services Score 6.48 5.07 Score 6.58 5.87 In December 2014 Colombia’s lower house passed a tax package worth COP53trn ($22.3bn) to the government over the next four years. The tax would mostly be raised from businesses, by extending and modifying existing taxes that will expire at the end of the year. Included in the taxes is an extension of a three-year wealth tax that will raise COP12.5trn in 2015 alone, a separate profits tax on businesses and a banking transaction tax. The Colombian authorities seek to hold its markets to the highest international standards, says Claudia Calderon, head of Colombia at BNP Paribas Securities Services: “This is demonstrated by Colombia’s ambition to becoming a member of The Organization for Economic Co-operation and Development (OECD)”. Colombia is the first market in the Americas where investment compliance by custodians has been mandated, says Calderon. reprinted from february/March 2015 GLOBAL INVESTOR/ISF Please contact Claudia Calderon on [email protected] or +571 6514364 for further details UNITED STATES UNWEIGHTED Rank 1 Brown Brothers Harriman 2 Citi 3 BNP Paribas Securities Services 4 BNY Mellon WEIGHTED Rank 1 Brown Brothers Harriman 2 BNY Mellon 3 BNP Paribas Securities Services 4 Citi Score 6.65 5.53 5.45 5.19 Score 8.34 5.37 5.05 5.04 The Depository Trust and Clearing Corporation (DTCC) has developed several initiatives to reduce risk in the post-trade environment. In collaboration with the financial services industry, it is working to shorten the settlement cycle in the US. It formed an industry steering committee and an industry working group to facilitate the move from T+3 to T+2 for trades in equities, corporate and municipal bonds, and unit investment trusts (UITs). In 2013 the Depositary Trust Company (DTC) began introducing settlement matching to clients in an effort to reduce risk and boost intraday settlement finality. Settlement matching leverages DTC’s existing infrastructure to provide participants with the ability to authorize or match transactions before it attempts to process them. This initiative, which is being implemented in a phased-approach, has removed approximately $525bn of risk from the DTC settlement system. The DTCC and Euroclear have created a joint venture to create collateral processing solutions. The joint venture will bring to market their Margin Transit Utility (MTU) and Collateral Management Utility (CMU). The MTU will provide straightthrough-processing of margin obligation settlement, leveraging the current DTCC infrastructure, as well as additional infrastructure currently in development in coordination with the industry. Industry testing of the MTU is scheduled to begin in mid-2015. The CMU will address the global challenge of sub-optimal collateral allocation and mobility, through utilising Euroclear’s Collateral Highway, and will follow the launch of the MTU. US Foreign Account Tax Compliance Act, or Fatca, came into force on July 1 2014, requiring foreign institutions to hand over data on clients to the US International Revenue Service (IRS). Please contact Claudine Gallagher on [email protected] or +1 212 471-6458 for further details g WWW.GLOBALINVESTORMAGAZINE.COM Thought leadership: BNP paribas | The network effect Philippe Ruault, Head of Clearing, Settlement and Custody Solutions, BNP Paribas Securities Services, talks about global growth and how T2S is changing local custody in Europe How will Target2-Securities (T2S) change things for your clients? T2S is a massive structural change to European financial markets that fundamentally increases stability and efficiency for settlements in central bank money by harmonising the process in all markets. Firms across the industry in Europe will automatically benefit from this advance. But T2S also comes with features, for example enhanced liquidity management, that we as a local custodian can help clients access and make the most of. Before T2S, when an Italian client, for example, wanted to deposit a German bond in exchange for a cash payment, the process was supported by a connection between two central securities depositories (CSDs). This meant that delivery was not typically versus-payment – it was free-of-payment with the cash settlement coming separately. Using a single external settlement engine for cross-border settlement in T2S means that all transactions will be delivery-versus-payment and the process of exchange will become much more efficient. What are the implications for domestic asset servicing? The T2S platform, which supports settlement, is operated by the ECB but asset servicing at the local level remains entirely in the domain of domestic custodians. This means that custodians such as BNP Paribas play an essential role operating accounts within local infrastructures to deliver asset servicing, tax and corporate actions support to clients. Early in the evolution of T2S there was WWW.GLOBALINVESTORMAGAZINE.COM concern that the efficiency of these functions would be threatened by the need to migrate onto an alternate system and the result would be increased costs. In response, the large CSDs have worked to ensure the process of decommissioning legacy systems and replacing them has not meant increased costs for end-users. actions or at certain CSDs, the Italian bonds may attract a punitive haircut with the need to collateralise other assets to fulfil the settlement obligation. Does it increase the number of netting opportunities? Yes, better netting is another benefit. Because everything settles through T2S, What are the implications of T2S-compliant the diverse spread of CSDs can all be viewed as a single netting resource. Clisolutions for liquidity? The new T2S solutions enable a whole ents can benefit from positions across all range of liquidity management options. European CSDs, which are supported by T2S includes features such as auto-collat- the same custodian, being shared from a eralisation that helps participants access netting point of view. And because a sale liquidity in central bank money based in the French market, for example, could on the assets that they are buying. For be netted off with a purchase in the Spanexample, to finance the purchase of a fixed ish market, the client needs ultimately income instrument, T2S creates an intra- to make less liquidity available to settle day repo with the central bank generating trades in the cash account. the cash required for settlement, with the Banks or brokers that are direct parbond acting as the collateral. This process ticipants must not only finance their is supported not only in the client’s domes- own connectivity to multiple infrastructic market but also tures but can also for trades that cross draw only on the “Custodians such as European borders. liquidity in their Consider the BNP Paribas play an essential portfolio. By using case of an Italian a custodian, the role operating accounts client with a large firm in question portfolio of French will have the option within local infrastructures” securities that is to have trades netpurchasing Italian ted off with the bonds. Assuming the client has signalled shared liquidity pool that sits in the custoto us that it would like to take advan- dian’s omnibus account. The larger the custodian and the bigger tage of this feature, the system can select the collateral required either from the the asset pool comprised in the omnibus French portfolio or from the Italian bond account, the greater the netting benefits. The more clients a custodian has, and the purchase. The benefits of this become apparent more diverse the clients are, from the buy when you consider that, for certain trans- and sell side, the more likely it is to have GLOBAL INVESTOR/ISF reprinted from february/March 2015 9 Thought leadership: BNP paribas | two clients that are trading in opposite directions on a given position, allowing netting benefits by offsetting trades that are passing in different directions. By getting access to the liquidity that this larger asset pool provides, clients end up saving money. Hence through custodian intermediation, liquidity requirements are considerably lower, resulting in little or no costs for the client. This is a big benefit for clients that want to know how they can best manage the liquidity requirements for their cash account. Are there any other benefits? Another benefit of new T2S-enabled settlement process is that it provides more functionality related to settlement. Onesuch benefit is “hold and release”, where clients can specify when a given trade should settle. Ensuring that the client has the stock in question before we release it into the system, for example, provides additional credit or securities protection. The transaction linkage facility in T2S is also a great add-on. Where two transactions occur at similar times, the new process can ensure simultaneous delivery and receipt, removing the market risk that is created by the client being out of a position for the time that it takes a security to be delivered. Where do you foresee geographic growth for your local custody operation? For custodians, growing a footprint in emerging markets means a more diversified revenue stream, which makes for a more robust business. But more importantly it is about supporting clients. 10 European clients, in particular, have been coming from the local network before looking to diversify their investment expo- broadcasting them out to global custody sure by increasing allocations to emerging clients. The third – which is very important markets. The increase in regulation in recent years, and the greater emphasis on – is the ability to roll out a single tax sysasset safety, has meant that the ability to tem, where tax can be managed the same provide local custody services in emerging regardless of whether the service is global markets as well as global custody is very or local custody and there is ready access valuable. Because sub-custody is in our for the client to all local tax documents. DNA we have had a lot of support from This is where much of our investment our management to expand this part of has focused – harnessing the processes by our offering. which local markets will communicate a Under the AIFM directive and Ucits specific tax rule, translating this and hostrules, the emphasis on global custodians’ ing it to the online platform. ability to guarantee the local custody netTwo results flow from all this. Firstly, cliwork has increased. Having a domestic ents end up with more accurate and timely presence in all key markets means that information, fully leveraging our domestic we hold an average of 90% of client assets presence. Secondly, they are able to conwithin our own network. We can maintain trol their local account structure through the full level of segregation of assets from the global system. This means the client the global all the way through to local, can opt for a flexible account structure and safekeeping in every case. support model, either local or global or a A second benefit of a local custody pres- combination, while benefiting from the ence is the synchronisation of global and same service standards. local processes. In cases where we act locally the local custody operation runs on Which developed markets are you focusing the same framework as the global custody on? operation, which has benefits for both We have seen a lot of growth recently in local and global custody clients. This has our offering of local custody in the US. been a considerable operational challenge Our experience has been that, while this but brings three major benefits for clients. is a developed market, many of the clients The first is access to local knowledge. are keen to see a newcomer. Our fresh This operational model means that a cli- approach and new systems are being ent can speak to their unique account welcomed. For European clients working in the US, manager at the global custody level, who meanwhile, our covers the 100-odd Lisbon operating markets we serve “Growing a footprint in centre means that with a bird’s eye they get servicing view. And when emerging markets means on the US market they need local a more diversified revenue in a European time colour on a specific stream, but more importantly zone. So we get this position they have a local manager on it is about supporting clients” reverse effect from the European franthe ground there who can answer chise that delivers questions, for example, in Columbia about new clients and additional assets through a specific corporate event. the functionality we are offering in the US. When we set up a local branch we bring This principle of reciprocal client benproduct and sales staff who can work efits also applies to emerging markets. closely with domestic clients. So in Hong Clients that have used us for local cusKong where were we have deployed our tody in Europe will be familiar with our core local settlement and custody facil- functionality, expertise and service levity, for example, we have been able to very els. This makes them confident that they quickly implement value-added features can expect the same level of service in the to support execution and clearing for various emerging markets that they are the Shanghai-Hong Kong Stock Connect adding to their funds, in search of returns initiative. We are one of the first global and value for investors. One example is custodians to support an integrated model Colombia, which we were among the first such as this. custodians to enter. A second is Turkey, The second is harmonisation across where we can offer clients the benefit of a the sub-custody network for all corporate specific account structure – which enables actions. This means harmonising the mes- them to employ a wider range of assets on sages, including filed options, supported their books as collateral – while complying by a translation mechanism so that the with the local regulatory requirement that global system can absorb all messages all assets be segregated. g reprinted from february/March 2015 GLOBAL INVESTOR/ISF WWW.GLOBALINVESTORMAGAZINE.COM contacts | Global Contacts Alan Cameron Tel +44 207 75 95 0696 [email protected] Nadia Diego Tel +33 1 42 98 53 18 [email protected] | signpost GERMANY BNP Paribas Securities Services Europa-Allee 12, 60327 Frankfurt am Main Cornelia Raif Tel: +49 6915 20 5517 [email protected] GREECE Local Market Contacts BNP Paribas Securities Services 94 V. Sofias Ave & 1 Kerasountos St 115 28 Athens Kelly Kakanaki Tel: +30 210 7468 527 [email protected] AUSTRALIA HONG KONG BNP Paribas Securities Services 60 Castlereagh Street, Sydney, NSW, 2000 Andreas Scharbach Tel: +61 2 9222 0280 [email protected] BNP Paribas Securities Services 21/F., PCCW Tower, Taikoo Place 979 King’s Road, Hong Kong James O’Sullivan Tel: +852 3197 3338 [email protected] AUSTRIA HUNGARY BNP Paribas Securities Services Europa-Allee 12 60327, Frankfurt am Main Cornelia Raif Tel: +49 6915 20 5517 [email protected] BNP Paribas Securities Services Szechenyi Istvan ter 7/8, 1051 Budapest Gyorgy Cselenyi Tel: +361 374 6161 [email protected] BELGIUM INDIA BNP Paribas Securities Services Boulevard Louis Schmidt 2 1040 Brussels Nathalie Prunier Tel: +33 142 984 213 [email protected] BNP Paribas House 1 North Avenue - Maker Maxity Bandra Kurla Complex - Bandra (East) Mumbai - 400 051 Christophe Beelaerts Tel: +91 22 6196 5050 [email protected] BRAZIL BNP Paribas Securities Services Av Presidente Juscelino Kubitschek 510 04543 906 Itaim Bibi São Paulo David E Rodrigues Tel: +55 11 3841 3065 [email protected] COLOMBIA IRELAND BNP Paribas Securities Services Trinity Point, 10-11 Leinster St South Dublin 2 Julien Kasparian Tel: +44 (0) 20 74 10 1269 [email protected] BNP Paribas Securities Services World Trade Center Carrera 8A N° 99 51 Torre ABogota Claudia Calderon Tel: +571 6514364 [email protected] ITALY CYPRUS LUXEMBOURG BNP Paribas Securities Services 94 V Sofias Avenue & 1 Kerasountos Str. 115 28 Athens Kelly Kakanaki Tel: +30 210 74 68 527 [email protected] BNP Paribas Securities Services rue de Gasperich, 33, L-2085, Luxembourg Georg Lasch Tel: +352 26 96 22 90 [email protected] FRANCE BNP Paribas Securities Services Grand Moulins de Pantin 9 rue du Débarcadère, 93500 Pantin Nathalie Prunier Tel: +33 1 42 98 42 13 [email protected] WWW.GLOBALINVESTORMAGAZINE.COM BNP Paribas Securities Services Via Ansperto 5, 20123 Milan James Woods Tel: +39 02 7247 4251 [email protected] MOROCCO BMCI Securities Services 26, Place des Nations Unies, Casablanca Thomas Noel Tel: +212 5224-61352 [email protected] NETHERLANDS BNP Paribas Securities Services Herengracht 595, 1017 CE Amsterdam – Netherlands Nathalie Prunier Tel: +33 1 42 98 42 13 [email protected] NEW ZEALAND BNP Paribas Securities Services Level 15, 171 Featherston Street, P O Box 3299, Wellington 6140, New Zealand Andreas Scharbach Tel: +61 2 9222 0280 [email protected] POLAND BNP Paribas Securities Services Pl. Pilsudskiego 1, 00-078 Warsaw Zbigniew Scislowski Tel: +48 22 38 61 140 [email protected] PORTUGAL BNP Paribas Securities Services Edifício ART’S, Avenida D. João II Lote 1.18.01, Bloco B 9º, 1998-028 Lisbon Nathalie Prunier Tel: +33 1 42 98 42 13 [email protected] SINGAPORE BNP Paribas Securities Services 20 Collyer Quay, 4th Floor, Tung Centre Singapore 049319 Lily Lim Tel: +65 6210 4972 [email protected] SPAIN BNP Paribas Securities Services C/Ribera del Loira 28, 28042 Madrid Soledad Lecube Tel: +34 91 388 8716 [email protected] SWITZERLAND BNP Paribas Securities Services Selnaustrasse 16, CH-8022 Zürich Neil Collins Tel: +41 58 212 6320 [email protected] TURKEY TEB Securities Services TEB Kampus saray mahallesi Sokullu caddesi No 7A / C Blok Umariniye, Istanbul Ertunc Gurson Tel: +90 216 635 2371 [email protected] UNITED KINGDOM BNP Paribas Securities Services 55 Moorgate, London, EC2R 6PA Julien Kasparian Tel: +44 (0) 20 74 10 1269 [email protected] UNITED STATES OF AMERICA BNP Paribas Securities Services 51 West 52nd Street, Floor 36, New York, NY 10019 Claudine Gallagher Tel: +1 212 471-6458 [email protected] GLOBAL INVESTOR/ISF GLOBAL reprinted INVESTOR/ISF from february/March 2015 11
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