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Examining current developments for product issuers in the region Harvey Kalman Head of EQT Corporate Fiduciary & Financial Services.

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Presentation on theme: "Examining current developments for product issuers in the region Harvey Kalman Head of EQT Corporate Fiduciary & Financial Services."— Presentation transcript:

1 Examining current developments for product issuers in the region Harvey Kalman Head of EQT Corporate Fiduciary & Financial Services

2 USA EUROPE  No 2 in domestic Funds globally  Has domestic unitized companies with an indpt fiduciary (UCIT) and 10m euro capitalization required for the fiduciary  Approx. 5-6tn in FUM  Domestically and internationally focused especially ASIA  Able to do mutli-currency and mutli-fee classes per fund Outcome – Europe has produced product that certain Asian countries allow direct or indirect investments  No 1 in domestic Funds globally  Has domestic Mutual Funds, unitized companies with a Board and no capitalization required for the Board  Approx. 10tn in FUM  Domestically focused but with global reach  Recent US Government changes make investments from US citizens into non US funds very difficult ie FATCA and Dodd- Frank Outcome – US domestic funds for domestic users and will get bigger and bigger and might enter Asia AUSTRALIA  No 4 in domestic Funds globally  Has domestic unit trusts where majority have internal non independent “Board” and uncapped capitalization required for the Board  Approx. 1.5tn in FUM  Only domestically focused Outcome – FUM driven by superannuation system but at risk to other players who offer A$ classes in their funds ie Europe - UCITS  No X in domestic Funds globally, unsure of FUM  Has recently signaled that Chinese domestic investors will be able to invest into Hong Kong domiciled funds, who will need a “Bank” to be Trustee of that fund  FUM unsure?  Domestically focused but … Outcome – Has a history of watching and seeing and learning and then using “politics” to get a Chinese centric solution. CHINA

3 USA  No 1 in domestic Funds globally  Has domestic Mutual Funds, unitized companies with a Board and no capitalization required for the Board  Approx. 10tn in FUM  Domestically focused but with global reach  Recent US Government changes make investments from US citizens into non US funds very difficult ie FATCA and Dodd-Frank Outcome – US domestic funds for domestic users and will get bigger and bigger and might enter Asia EUROPE AUSTRALIA CHINA  No 4 in domestic Funds globally  Has domestic unit trusts where majority have internal non independent “Board” and uncapped capitalization required for the Board  Approx. 1.5tn in FUM  Only domestically focused Outcome – FUM driven by superannuation system but at risk to other players who offer A$ classes in their funds ie Europe - UCITS  No X in domestic Funds globally, unsure of FUM  Has recently signaled that Chinese domestic investors will be able to invest into Hong Kong domiciled funds, who will need a “Bank” to be Trustee of that fund  FUM unsure?  Domestically focused but … Outcome – Has a history of watching and seeing and learning and then using “politics” to get a Chinese centric solution.  No 2 in domestic Funds globally  Has domestic unitized companies with an indpt fiduciary (UCIT) and 10m euro capitalization required for the fiduciary  Approx. 5-6tn in FUM  Domestically and internationally focused especially ASIA  Able to do mutli-currency and mutli-fee classes per fund Outcome – Europe has produced product that certain Asian countries allow direct or indirect investments

4 Issue Concern about outsourcing Tax base, Regulatory control and Jobs to Europe and potentially China or USA, so:  Need a common structure, language and framework and  Need a common Structure like a unitized company structure Possible solutions  One registered Fund with one set of accounts  Multi currency base classes with multi tax returns vs one  Tax returns lodged in multi locations, and  Multi offer documents in those location = the Asian Unitised Collective Investments Trust or AUCIT

5  An Australian domiciled Fund global equity fund, registered in Australia with Asset managed out of Hong Kong and Sydney  Custodian and Administration of registered AUCIT in Australia with some services outsourced to China  Registries – one in each of the countries using their own currency class ◦ Eg. A$ class registry in OZ with offer doc (principal offer doc) in OZ ◦ $US class or $won class in Korea with wrapper offer doc in Korea leveraging off the principal offer doc and; ◦ $NZ class in NZ again with its own offer doc wrapper  One set of Financial accounts lodged in Australia (where fund registered)  3 tax returns associated with their own classes in OZ, Korea and NZ  If specific reporting required ie AIIR report in OZ this is done for OZ class only, or FATCA reporting again done per class = AUCIT, and jobs

6 Pathway – initially  Governments accept the pilot  Local Oz tax laws to change to allow multiple tax returns per classes with a fund  Local ASIC rules re offer documents and capital for REs will need to be changed Pathway - ongoing  New Collective Investment Vehicle (CIV) structures created with corresponding acts in pilot counties  New CIV tax act for CIV  Harmonisation of offer rules and tax requirements across the pilot countries

7  Solves the common structure approach  Solves the erosion of the tax vases in the ASEAN countries  Solves the outsourcing of regulatory control as each jurisdiction will get control of its classes of investors and disclosure via the wrapper offer doc  Solves the exporting of jobs to Europe as each jurisdiction gets employment in their country associated with activity and tasks  Gives us a proper funds management operational and regulatory structure. ◦ A Five Tick Outcome But beware:  If we do not do, others will watch, learn and then take over thus crowding us all out.


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