COMPLIANCE

EU / ASEAN CROSS-BORDER Regulatory, Compliance, Governance

Alliance & Compliance group role is to make sure that our EU and ASEAN clients comply with the current legislative, statutory and ethical standards. investment fund industry is facing a highly complex regulatory environment.

Within the cross-border distribution world, mutual funds have to cope with a vast number of existing laws, rules and regulations both at the level of the EU and ASEAN.


Our regulatory, compliance & fund registration services

With the support of EU and ASEAN cross-border fund Compliance's experts, we may help to advice on compliance issues:

  • Investment Restriction
  • Marketing material review
  • Business compliance

UCITS and AIFM fund marketing passporting and registrations services

  • Assistance to Registration and post-registration of funds in EU and ASEAN markets
  • Liaising support between client and local regulatory authorities in target markets, and with third party service providers
  • Coordinating of prospectus changes
  • Advisory on compliance with regulatory reporting obligations
  • Outsourcing of statistical regulatory reporting
  • Ad-hoc assistance in appointing local representatives

Fund documentation Advisory

  • Support for EU and ASEAN regulatory fund documentation, including prospectuses, annual and semi­annual reports, and KIID managed UCITS KIID production and dissemination of EC and ASEAN KIIDs
  • EMIR and AIFMD regulatory reporting services
  • Assistance to meet the regulatory deadlines and identify data sources and owners

EU / ASEAN REGULATORY ISSUES FOR FUND MANAGERS

The European Union (EU) MiFID II - MiFIR -MiFID II Best Execution regulations,

imposes new requirements on to ensure investors are only sold products appropriated for their risk tolerance and needs

We aim to synchronize cross-border fund distribution activity across Governance, Risk Management, and Compliance (GRC) to help assure a Client’s fund distribution compliance

MiFIR


Transaction issues for Asset Managers

  • any investment firm that does not have a valid Legal Entity Identifier (LEI) may find it tricky to trade.

MiFID II Best Execution: Compliance issues

  • More disclosure under RTS 28 / 27 requires investment firms to publish their top five destinations for order flow, to explain how they have used “data or tools relating to the quality of execution to publish much more data relating to the quality of their trade executions

MiFID II Main Issues


Unbundled research

  • The new rules specifically prohibit fund managers from bundling the cost of research into their headline charges.

Communication transparency

  • Greater transparency with more demanding on charging practices, information on risk, return and the underlying investments that funds hold to potential investors

Complaints handling

  • MiFID II ups the ante, with a much stricter approach to how managers must handle complaints.

Memorandum of Understanding

Agreement

  • The Commission de Surveillance du Secteur financier (CSSF) has signed in 2012 a Memorandum of Understanding (MoU) with the Securities and Exchange Commission of Thailand (SEC) to promote collaboration between the fund sectors of Luxembourg and Thailand.

Objectives

  • MoU aims to enhance collaboration in exchanging information on regulation and supervision of mutual funds and mutual fund-related service providers. In addition, the MoU marks the beginning of a bilateral cooperation that will create business opportunities for investment management companies and capital markets of both countries in the future.

Base Erosion and Profit Shifting (BEPS)

Issues

  • Governments around the world are seeking to adapt their tax systems to prevent falling revenues in the face of the changing global economy
  • Tax transparency and shifting profits are controversial issues, especially for AIF's Alternative Investment funds which need to structure their investment platforms in order to protect returns for investors
  • How to mitigate current Fund benefits of shifting profits from high-tax to low-tax jurisdictions ?

Our BEPS services

  • Because of the complexities costs of BEPS compliance faced by EC and ASEAN cross-border fund managers, Alliance & Compliance group, with the support of BEPS'experts helps companies assess the risk of implementation – globally and on a country-by-country basis.

TERMS


As an “Investment compliance & consulting firm” Alliance & Compliance group is not, and does not function as a fund or investment manager; and provides neither fundraising nor investment advice, does not take part in the transaction investment advice, endorsements, or recommendations of any kind whatsoever, including any recommendation to purchase or sell any security

Alliance provides solely consultancy services and expressly disclaims any liability or responsibility for the outcome of any investments made by users of this site. Users of this site are expected to consult with their own financial advisors to assist them in making investment decisions.

PROFESSIONAL CONDUCT

At all times, Alliance & Compliance group conducts itself in a manner consistent with maintaining the highest degree of moral and ethical behavior.

Alliance & Compliance group maintains a Strict adherence to standards and laws established by all relevant governing bodies.

All information shared with Alliance & Compliance group should be held in the strictest confidence even after an assignment ends.

DISCLAIMER

Although every effort has been made to provide complete and accurate information, Alliance & Compliance group makes no warranties, express or implied, or representations as to the accuracy of content on this website.

Alliance & Compliance group assumes no liability or responsibility for any errors or omissions in the information contained in the website or the operation of the website.

COPYRIGHT

The copyright in this website and the material on this website (including without limitation the text, artwork, modify images (background images are copyrighted) is owned by Alliance & Compliance group.

CONTRACT TERMS

Are negotiated on a case-by-case basis to reflect client-specific needs. Each arrangement should be designed to minimize the fund manager's fixed costs and estab­lish an incentive compensation package aligned with the mutual objective of assisting to the development of assets under management. Typical agreements combine a retainer to offset expenses, as well as a percentage of revenues for new busi­ness generated by Alliance & Compliance group.

As an “Investment compliance & consulting firm” Alliance & Compliance group is not, and does not function as a fund or investment manager; and provides neither fundraising nor investment advice, does not take part in the transaction investment advice, endorsements, or recommendations of any kind whatsoever, including any recommendation to purchase or sell any security

Alliance provides solely consultancy services and expressly disclaims any liability or responsibility for the outcome of any investments made by users of this site. Users of this site are expected to consult with their own financial advisors to assist them in making investment decisions.

PROFESSIONAL CONDUCT

At all times, Alliance & Compliance group conducts itself in a manner consistent with maintaining the highest degree of moral and ethical behavior.

Alliance & Compliance group maintains a Strict adherence to standards and laws established by all relevant governing bodies.

All information shared with Alliance & Compliance group should be held in the strictest confidence even after an assignment ends.