The trust in a unit trust is a trust with two limbs, a primary trust and a secondary trust. The primary trust is a trust whilst the scheme is a going concern. It may be interpreted as a trust of the Re Denley’s type or as a trust subject to the contractual provisions of the trust deed and, in the case of an authorized unit trust, the regulations made under section 81 of the Financial Services Act 1986. The secondary trustonly arises at the very moment when the trust scheme is terminated. It is a trust for sale and distribution.
The provisions to which the primary trust is subject depend on whether the unit trust is an authorized unit trust or non-authorized unit trust. The most important of these provisions will be those along the line of regulation 7.02.2 and regulation 7.09.1. Regulation 7.02.2 provides: Read the rest of this entry »
A eurobond is a debt security handled internationally by syndicates, groups of bankers and/or brokers who underwrite and distribute new issues of securities or large blocks of outstanding issues. It is typically in bearer (non-registered form) and is issued outside the country of the currency in which it is denominated.
Borrowers and lenders are spread around the world, while the intermediaries are spread across Europe, with the majority of business being done from London. The market was founded in the early 1960s and has provided a competitive source of funding for borrowers who can tap discreet but important sources of finance. Japanese banks, pension funds and insurance companies have become important lenders in recent years and there are still plenty of wealthy individuals who prefer the anonymity offered by bearer securities. The eurobond market is the world’s second largest securities market after the US bond market in terms of trading volume and the third largest after the US and Japanese bond markets in terms of debt outstanding. Read the rest of this entry »
There are a few other sticky wickets, or Macro-Disqualifiers fund administrators must negotiate. For example, a fiduciary must’ act solely in the interest of participants and beneficiaries and keep expenses to the minimum. Additionally, the fiduciary is prohibited from self-dealing, acting as a party with a competing or adverse interest in the plan, and receiving any compensation from any other party other than the plan. In other words, neither the FCM nor the trading manager should be named as a fiduciary. Both of these entities are expected to cross-trade (represent both sides of a futures trade by brokering for customers who are long and others short), work on an incentive fee basis (a conflict of interest with the pension fund), and provide a variety of services with compensation from multiple sources—all in the normal course of one business day. Read the rest of this entry »
For the fourth scenario, we chose a qualified pension plan for the following reasons:
- A lot of very well-known companies are adding managed futures to their investment portfolios for the reasons already documented in this book, particularly because they can often increase the overall return while reducing risk. For example, some of the corporations currently using managed futures are Intel, Libby Owens Ford, Weyerhauser, World Bank, and Virginia Supplemental Retirement System.
- These plans are highly regulated by the Department of Labor, IRS, SEC, CFTC, and state banking, insurance, and securities agencies. All these organizations scrutinize the investment practices of these plans for the protection of the employees who invest. If managed futures can pass the muster of all this regulatory oversight, there must be something worth consideration for just about every serious investor.
Read the rest of this entry »
Driven by a combination of management-initiated efforts to improve defined contribution plans and increasing employee bottom-up requests for a wider array and range of investment options, the average number of choices offered by Benefits, Inc. clients is now 10, compared to 3 or 4 choices 10 years ago. Indeed, many large companies offer 75 or more options. However, a concern is whether these additional options are being used properly. Read the rest of this entry »
James M. Clash
A wave of consolidation is washing over the mutual fund business. So far this year funds totaling more than $125 billion in assets have changed hands. To hear the consolidators tell it, mergers are good because they bring fund investors economies of scale and breadth of choice within a fund family. Will these promises be fulfilled? It is instructive to consider some of the bigger recent mergers. The results are not encouraging.
Take the Dreyfus funds, purchased in December 1993 by Pittsburgh’s Mellon Bank. In the three years before the merger, the 12 domestic stock funds at Dreyfus performed, on average, on a par with the S&P 500 index. In the three years since, these funds, on average, have underperformed the index by a stunning seven percentage points a year.
Then there’s the American Capital/Van Kampen merger in August 1994. In the 26 months prior to the marriage, the 11 stock funds here outperformed the S&P 500 index by an average of two points annually. In the 26 months since the merger, the funds have underperformed, Read the rest of this entry »
Underlying the policy debate about merits of institutional activism is the empirical question: Does such activism have a significant impact on corporations that are the target of that activism? The short answer is that it’s unclear.
In an attempt to provide an intermediate-level answer, let us review a few points that emerge from this debate on the impact of institutional activism. To begin, the studies do not usually include proxy fights or takeover bids since these are rare events for institutional investors. In addition, these studies are all premised on the efficient markets theory, so they assume that the impact from shareholder activism can be measured by looking at a change in stock price after a specific event, such as a pension fund’s submission of a stockholder proposal.
These economic studies tend to show no or little positive price effects from proposals to change general governance procedures, such as the introduction of confidential voting or the appointment of an external board chairman (separate from the CEO). Read the rest of this entry »
In most cases, mutual fund advisers vote to support the recommendations of company management. This is true not only for management’s proposed slate of directors, which routinely receive the support of 99% of those voting, but also for management proposals on other subjects. For instance, during the 2000 proxy season, management proposals on proxy statements were supported on average by 85% of the stockholders who voted; proposals opposed by management were opposed on average by 74% of the stockholders who voted. This high level of consensus between stockholders and management is not surprising, at least for actively managed mutual funds. Owning the stock of a company ordinarily indicates a belief in the ability of the company’s management; supporting management’s position in voting matters often follows as a matter of course. Read the rest of this entry »
The SEC heavily regulates mutual funds and their advisers with respect to most aspects of their business. In their role as investors, mutual funds are subject to a variety of restrictions on how much stock of a particular company or industry they may own and how liquid their aggregate holdings must be. Every fund must disclose its complete holdings twice a year in reports to fund stockholders, and any fund adviser managing more than $100 million in the aggregate from all accounts must disclose quarterly a total list of equity securities owned by the funds and other accounts managed by the adviser. In addition, if the funds and other accounts managed by the investment adviser hold more than 5% of the voting securities of a publicly traded company, the adviser must file periodic disclosure reports with the SEC on such holdings. These filings are a source of valuable information on mutual fund holdings for participants in takeovers and proxy fights. Read the rest of this entry »
This article has been compiled with the help of Arthur Andersen, particularly Victor Levy of Arthur Andersen’s Financial Services tax practice in London. It covers the taxation of futures funds and derivatives in a broader sense for the leading European markets. The author would like to thank him and the European offices of Arthur Andersen for their help.
In Belgium, the law of December 1990 regulated in an extensive way the status of investment funds (initially covered by the law of 1957) and created two new types of investment companies: the SICAV and the SICAF. The SICAV is the société d’investissement a capital variable, while the SICAF is the société d’investissement a capital fixe. Read the rest of this entry »
The SEC heavily regulates mutual funds and their advisers with respect to most aspects of their business. In their role as investors, mutual funds are subject to a variety of restrictions on how much stock of a particular company or industry they may own and how liquid their aggregate holdings must be. Every fund must disclose its complete holdings twice a year in reports to fund stockholders, and any fund adviser managing more than $100 million in the aggregate from all accounts must disclose quarterly a total list of equity securities owned by the funds and other accounts managed by the adviser. Read the rest of this entry »
As illustrated by the above discussion, mutual fund advisers usually play an important, although often passive, role in corporate governance, evaluating management and stockholder proposals and voting in accordance with policies designed to further the interests of their funds. In recent years, however, mutual fund advisers have encountered an increasing number of proposals from stockholder activists, and in limited circumstances they have been among the activists pushing for such proposals. Read the rest of this entry »
Are you actively looking for the next Dell? Do you want to find a stock that is under $1 a share (as Dell was, split adjusted, prior to 1996) and ride it to $50 (which Dell reached in 2000)? If this is what your goal is, you are better off studying gambling techniques and visiting a casino. Trying to make a killing causes you to invest in stocks that carry a lot of risk and that have relatively low odds of rewarding the risks you take.
If you feel the urge to make a killing and you’re particularly vulnerable to sins such as greed and gluttony, here is a good way to follow this commandment. Tell yourself that if you want to make a killing, rather than searching for a rags-to-riches stock, your money would be better spent by taking a risk on:
- Opening a restaurant
- Starting an Internet grocery store
- Buying real estate
- Buying swamp land in Zimbabwe
I’m not suggesting you actually do these things, only that you should consider them and then realize how much risk is involved in trying to make a killing in the market.
Luxembourg - the authority responsible for supervision and control of the financial sector in Luxembourg is the IMP - Institute Monetary Luxembourgeois - a creation of the 1983 laws to regulate Undertakings for Collective Investment, which first appeared in 1959. The subsequent Law of 30 March 1988 rendered Luxembourg the first EU Member State to incorporate the 1985 UCITS Directive into national legislation and positioned it to take advantage of the cross-border marketing opportunities available to complying funds. The law has been updated by IML Circular of 29 January 1991 and extended by further legislation - Law of 19 July 1991 - relating to UCIs for institutional investors and the Law of 8 June 1999 concerning pension funds. Read the rest of this entry »
In most countries, the regulations stipulate an important safeguard, whereby a fund’s individual holdings are to be registered in the name of an independent custodian or trustee, to ensure that investment in mutual funds is safe, in the sense that the assets cannot be misappropriated by the manager or by the investment adviser. However, this does not prevent fund prices fluctuating, reflecting the value of the underlying investments, and therefore, although ownership is secure, the value of an investment in mutual funds can fall as well as rise.
As with any investment portfolio, a mutual fund can be used for all or any of the following: Read the rest of this entry »
