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The debt instruments with embedded options

The investment manager may have a number of bond-like assets in the portfolio, and corporate treasurers may have issued similar liabilities which have options embedded within them by virtue of the contract terms under which the bonds were issued. Common examples of such bonds are as follows.

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Managed Futures Paperwork and Other Regulatory Matters continue…

Direct Participation Programs

The next level up in size and complexity is direct participation programs, or DPPs. You may think of them as tax shelters or limited partnerships (LPs). They are constructed to pass through all of their income, gains, losses, and tax benefits to their owners. The partnership itself pays no taxes because the partners accept liability. Gas-oil exploration and real estate development are common LPs.

Unlike those big sisters, the commodity trading limited partnership is not a tax shelter. It is structured to provide limited liability to investors. The syndicator is the CTA or a CPO, and usually the general partner as well. These can be public or private. Private LPs are usually formed by a small group of wealthy investors, while public LPs attract large numbers of small ($2,000 to $5,000 minimum) investors. The latter requires a full-fledged prospectus and is more stringently watched by federal regulators. Both must be registered with the SEC. Read more »

Liquidity Risk and Market Inefficiency

Concern

The size of the markets can work against foreign investors in two ways. First, some securities and some countries may be illiquid. In such markets, any reasonably sized trades are sufficient to move the price. The price rises when one wants to buy and falls upon a sale. This is particularly painful because most foreign investors end up selling and buying around the same time.

The second concern with market size is inefficiency. Emerging markets are known to be inefficient, and prices can take several days to fully reflect new information. As a passive investor, you can lose money to more sophisticated investors who trade on the basis of the inefficiency. Read more »

International Investing Concerns and Limitations Part 2

Costs and Taxes

Concern

The cost of investing internationally is significantly higher than investing domestically because of many factors. First, gathering information about foreign stocks is more expensive. Foreign companies reveal much less information about their operations than their American counterparts because they do not have the same kind of disclosure requirements. Moreover, the information that is available in the public domain is more difficult to obtain and more expensive. Investors must subscribe to foreign database subscription services, fax services, and foreign newspapers and pay for expedited delivery to obtain the information in a timely manner. And differences in accounting practices mean that financial statements are not easily comparable. These difficulties make research required to value foreign company more expensive and more uncertain. Read more »

Key Points and bottom lines in Currency Forward Rates

 

Key Points

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Regulation of Managed Futures Funds in Europe Part 12

Marketing Offshore Funds in Switzerland

Under the current law, a license to market shares in an offshore fund to the public in Switzerland can only be granted to a Swiss bank or a Swiss branch of a foreign bank, although not in respect of an offshore futures fund. Under the new law a license may be granted to any person, but only if an offshore futures fund is subject to home country control and its structure and investment policies are equivalent to those of Swiss funds.

Under the new law, offshore futures funds will be able to obtain a license to promote themselves in Switzerland whether they are contractual or corporate. They will be exempt from the requirement to redeem shares at any time.

Futures TradingA fund may avoid these requirements by marketing strictly on a private placement basis. In this case, no licences are required by the fund itself or the broking intermediary. However, a fairly restrictive stance on the number and type of investors that can be approached must be employed. The following criteria are applied: Read more »

Regulation of Managed Futures Funds in Europe Part 10

Offshore Futures Funds

If the IML gives its approval, shares in offshore futures funds can be sold in Luxembourg, as long as they comply with domestic marketing rules on consumer protection and canvassing market practices. Approval will only be given if the offshore fund concerned is regulated, in the jurisdiction in which it is established, by a supervisory authority set up by law to ensure the protection of investors.

A private offering of an offshore fund can be made in Luxembourg without registering the fund or seeking a listing in Luxembourg. To qualify as a private placement, there must be no public solicitation or advertising in Luxembourg.

Offers may only be made to a limited number of institutional investors including banks, non-banking financial institutions, brokers, mutual fund agents and professionals engaged in the marketing of mutual funds and authorised as such in Luxembourg. There is no specific limit as to the number of investors to whom such a private placement can be made, although offers should not be made to other funds otherwise the offering will be deemed to be a public offering (that is, to all the investors of the fund). There are no unsolicited calls or similar rules. Read more »

Regulation of Managed Futures Funds in Europe Part 9

Marketing Offshore Funds in Italy

To market offshore funds to the public, an application must be made to the Ministry of Treasury and the Ministry of Foreign Trade for authorisation. This will only be granted if these ministries are satisfied that the laws of the jurisdiction in which the offshore futures fund is incorporated are compatible with Italian law. The fund will have to open a representative office in Italy and will also have to either appoint an Italian bank or use a bank from another EC member state that has a branch in Italy that can act as custodian of its assets. Authorisation is deemed to have been granted if not refused within 60 days of the date on which the application was made to the Ministry of Foreign Trade.

  1. banks and credit institutions;
  2. insurance companies;
  3. companies managing mutual funds;
  4. stock exchange brokerage companies;
  5. financial companies.

Subsequent to any placement, Consob must be notified of the names of purchasing investors, the type of fund and the amounts involved. Read more »

Regulation of Managed Futures Funds in Europe Part 6

Listing a FCIMT’s Shares

In theory a FCIMT’s shares can be listed on the Paris stock exchange but so far the decree needed to set out the conditions with which an application must comply has not been issued.

Advertising and the FCIMT

The rules on advertising FCIMTs are particularly strict. Article 23 of the 1988 law specifically prohibits advertising of any kind designed to raise subscriptions for shares in a FCIMT which invests in futures and options.

Financial canvassing, as defined in Law 72-6 of 3 January 1972, is also forbidden. The term includes going to visit people at their homes, businesses or in a public place on a regular basis to recommend, that they subscribe, purchase, exchange or sell shares or take part in share transactions. Writing or telephoning them or sending them circulars is also forbidden. Read more »

Regulation of Managed Futures Funds in Europe Part 5

The Rules for Intermediaries

There are no requirements for an intermediary selling an offshore futures fund in Denmark to have a licence or other approval.

Legislation

There are no regulations for domestic managed futures funds in Finland and under the Investment Funds Act of 1987, Finnish funds generally are not allowed to invest in futures or options contracts. A revision of the Investment Funds Act is being worked on at the moment which would allow investment funds to invest in futures and options for efficient portfolio management purposes.

Selling Offshore Managed Futures Funds

Futures TradingThe Investment Funds Act does not apply to offshore funds and consequently not to offshore managed futures funds and so the sale of such funds is subject only to compliance with the provisions of the Securities Market Act of 1989.

This regulates the marketing of shares; it prohibits, in particular, the giving of false or misleading information and requires that investors be given enough information for them to be able to judge the merits of an investment in a fund. Read more »

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