Has Trump Re-set U.S.-China Relations?

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¿Trump cambió su sentir sobre las relaciones entre China y los EE.UU.?
Foto: G20. Has Trump Re-set U.S.-China Relations?

Following his G-20 meeting with Xi Jinping, Donald Trump went well beyond the trade truce I had expected, as he downplayed the national security tensions between the U.S. and China while describing the bilateral relationship as one of “strategic partners.”With that characterization of the relationship and his apparent decision to lift his administration’s recent ban on the sale of American technology to Huawei, Trump threw his national security team under the bus.

Returning to his transactional roots, Trump favored selling more goods to China over his advisers’ attempts to constrain the rise of that nation (and its leading telecom company). If the president sticks with this approach—which is not a sure thing—that would be positive for the future of the bilateral relationship and for the near-term health of Chinese consumer and corporate sentiment.

Partners rather than adversariesIn an article on our website last month, I wrote that “Far more than trade will be on the table when the two leaders next meet. . . In short, [Trump and Xi] will have to agree that rising competition between the two nations does not have to be a zero-sum game, and that it is cooperation and concessions, rather than confrontation, that will leave both sides better off.”

In his comments after meeting with Xi in Osaka, Trump seems to have opted for engagement over confrontation. When a reporter for Caixin, a Chinese financial magazine, asked if the two countries should view each other as strategic partners, competitors or enemies, Trump replied: “I think we’re going to be strategic partners. I think we can help each other.”

That was, for the moment, at least, a stark rejection of the more adversarial, “strategic competitor” approach that the president’s national security team has been advocating.Trump’s perspective was evident in his comments on two contentious issues: Huawei, a world leader in 5G technology and in mobile phone sales; and the status of Chinese students in the U.S.

“We’re letting them sell to Huawei”

The Trump administration recently placed Huawei on an “entity list,” limiting the company’s ability to purchase U.S. technology. But at Saturday’s press conference, Trump said he would roll back that restriction. “U.S. companies can sell their equipment to Huawei. I’m talking about equipment where there is no great national emergency problem with it. But the U.S. companies can sell their equipment. So we have a lot of great companies in Silicon Valley and based in different parts of the country, that make extremely complex equipment. We’re letting them sell to Huawei.”

The details of this decision are unclear, but Trump suggested that he may remove Huawei from the “entity list.” “We’re talking about that,” he said. “We have a meeting on that tomorrow or Tuesday.”
Trump then raised the case of another Chinese telecom company which had been, briefly, sanctioned by his administration. “I took ZTE off, if you remember. I was the one; I did that. That was a personal deal. And then President Xi called me. And he asked me for a personal favor, which I considered to be very important. . . And they paid us a billion-two. $1.2 billion.”

The president’s comments appear to undercut his administration’s earlier statements that Huawei presents a national security threat and should be denied access to American technology, and should also be blocked from selling 5G networking gear to U.S. allies.

“We want to have Chinese students come”

The director of the FBI recently suggested that many Chinese students in the U.S. are spies, and the State Department has made it more difficult for Chinese citizens to obtain student visas, but Trump took a different tack at his Osaka press conference. Apparently, Xi raised this issue with the president, who told reporters:

“Somebody was saying it was harder for a Chinese students to come in. And that’s something if it were—it [sic] somebody viewed it that way, I don’t. We want to have Chinese students come and use our great schools, our great universities. They’ve been great students and tremendous assets. But we did discuss it. It was brought up as a point, and I said that will be just like anybody else, just like any other nation.”

“A brilliant leader and a brilliant man”

Trump, who is often reluctant to praise those across the negotiating table, called Xi “a brilliant leader and a brilliant man.” Trump added, without explanation, that Xi is perhaps the greatest Chinese leader “in the last 200 years.”In the same press conference, Trump described Xi as “strong” and “tough . . . but he’s good. . . I have a tremendous relationship with President Xi.”Trade talks “right back on track”In his G-20 press conference, Trump described the bilateral trade talks as “right back on track.” He didn’t lift the tariffs already in place on Chinese goods, but postponed additional tariffs he had threatened to levy.

Taking the same transactional approach as with Huawei, Trump told reporters, “China has agreed that, during the negotiation, they will begin purchasing large amounts of agricultural product from our great Farmers.”Signaling, perhaps, a link in his mind between concluding a trade deal and his re-election prospects, the president said, “(But) in the end, the farmers are going to be the biggest beneficiary. But I’ve made up for the fact that China was, you know, targeting our farmers. . . The farmers could not be happier…”

The following day, in South Korea, Trump added another optimistic note about a trade deal:“President Xi and I had a fantastic meeting. It was a great meeting. We get along. We also have a really, really good relationship. And he wants to see something happen and so would I. And I think there’s a really good chance of that happening.”

Cautiously optimistic

I remain optimistic about prospects for a trade deal in the near future, because Trump seems to recognize that a trade war with China would damage the U.S. economy and equity markets, and thus his re-election prospects.

All signs are that Xi also continues to want to reach a deal. While tariffs are not a huge problem, as China is no longer an export-led economy, failure to conclude a deal would open up the risk that a full-blown trade war leads to restrictions on China’s access to American tech, everything from semiconductors to research collaboration. That would be a setback to China’s economic growth, which Xi wants to avoid.

The future beyond a trade deal is less clear, but after listening to Trump’s weekend comments, I am less pessimistic than I was a week ago about prospects for the broader bilateral relationship. We will soon see if the president turns his recent rhetoric into actions which promote engagement over containment.

In the meantime, Trump’s words are likely to be received positively by Chinese consumers and investors. Remember that real (inflation-adjusted) retail sales rose 6.4% in May, and the Shanghai Composite Index was up 19% during the first six months of the year. The business community, however, felt pressure from the tensions with the U.S., leading to weaker corporate investment and industrial output during the first five months of 2019. The June macro data will be out soon, while the impact of the Trump-Xi meeting will register over the coming months.

Column by Matthews Asia, written by Andy Rothman, Investment Strategist

Michael Blank Joins a Canadian MFO, to Lead its US Expansion

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Michael Blank abre las oficinas en Miami de un multifamily office de Canadá
Wikimedia CommonsCourtesy photo. Michael Blank Joins a Canadian MFO, to Lead its US Expansion

Holdun Family Office, a 5th generation Canadian family with offices in Montreal, Bahamas and The Cayman Islands, has opened its first US Office. Located at 555 Washington Ave., in Miami Beach, and lead by industry veteran and former Managing Director of Andbank, Michael Blank, the new office is considered by the firm, “as a major expansion into the United States.”

Joining Holdun Family Office in Miami will be a team of professionals with over 100 years of banking experience. It includes: Giuseppe Mazzeo as Chief Investment Officer, Marc Bonorino as Head of Global Compliance, as well as Ileana Torruella and Adilia Lugo, as Senior Relationship Managers.

Global CEO Brendan Holt Dunn of Holdun Family Office commented: “Our extensive family history has served us well in managing our client relationships worldwide. We are looking forward to working in partnership with our new U.S. families and bringing our expertise to the domestic U.S. market.”

Stuart Dunn, Chairman of Holdun Family Office added: “The guiding principles of our family which comprise of honesty, integrity and accountability are never compromised. We pride ourselves on our ethics which is reflected in client loyalty.”

The Holdun vision and services includes: Family Office Services , Wealth Management, Trust and Corporate Services, Financial Services, Concierge Services and a full digital financial platform and ecosystem operating under the Holt brand.
 

Insigneo Welcomes Industry Veteran Mariela Arana

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Mariela Arana, nueva directora de Operaciones y Tecnología en Insigneo
Wikimedia CommonsMariela Arana, foto cedida. Insigneo Welcomes Industry Veteran Mariela Arana

Mariela Arana joins Insigneo as Head of Operations and Technology while the company embarks on a growth strategy with a laser-focused plan on digitalizing operations to provide an enhanced client experience. 

Arana brings over a decade of experience in the financial industry along with a solutions-oriented mentality that will propel the successful implementation of key initiatives to automate workflows. She will be overseeing both the United States and Uruguay’s operations as well as the firm’s IT department.

With the client experience at the core, Insigneo has embarked on a journey of growth and expansion as it seeks to scale and automate their operations by leveraging state-of-the-art technology to be more efficient and continue to meet their clients’ needs in an increasingly digital landscape. These initiatives will streamline workflows, including the implementation of cutting-edge programs which will be spearheaded by Arana.

“We are excited to welcome Mariela to the Insigneo family and we are confident that with her experience and talent, coupled with her solutions-oriented mentality, she is the perfect addition to our team,” said Javier Rivero, Chief Operating Officer of Insigneo. “We are counting on her to bring a fresh perspective and the expertise to better our processes and enhance our client’s experience.”

An industry veteran, Arana brings extensive experience in project and time management with a profound focus on risk and compliance and third-party vendor management. Most recently, Arana served as Head of CPII Operations at Citi International Personal Bank and previously as an Investment Associate at Citi Private Bank. Arana started in the financial industry in 2005 when she joined Merrill Lynch.

“I am extremely excited to join such a passionate and energetic team,” Arana shared. “I believe in the power of communicating your purpose with passion and energy, keeping the team motivated and engaged to achieve a common goal. This is what I plan on bringing to my new Insigneo family.”

She graduated from Florida International University with a Bachelor of Business Administration and Finance, has completed Certified Financial Planning courses at the University of Miami and holds Series 7, 66, 9 and 10 in addition to a Life, Health & Variable Annuities License (215).

 

Aberdeen Standard Investments: “Some Of The Political Risks Which Plagued The Markets In 2018 Appear To Have Softened, At Least In The Short Term”

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Aberdeen Standard Investments: “Algunos riesgos políticos que plagaron los mercados en 2018 parecen haberse suavizado a corto plazo”
Pixabay CC0 Public Domain. Aberdeen Standard Investments: “Some Of The Political Risks Which Plagued The Markets In 2018 Appear To Have Softened, At Least In The Short Term”

Current global economic growth prospects remain subdued. However, according to Aberdeen Standard Investments (ASI), some of the political risks that plagued the economies and markets in 2018 seem to have eased, at least in the short term. This has been accompanied by the ‘dovish’ tone of the Fed, which has generated some relief for the markets and has been reflected in the asset prices’ moves.

Speaking to Funds Society, ASI claimed that its medium-term outlook for traditional asset classes (developed government bonds, corporate bonds and equities) remains intact: “We believe that they are facing a challenging return environment given current valuations.” Therefore, they feel “comfortable” with their relatively moderate exposure to equities and see attractive opportunities elsewhere.
Within traditional credit markets, however, they are somewhat concerned about the fact that the level of credit spreads on offer is not commensurate with the risk at this point in the cycle. They therefore have a negligible direct exposure to corporate credit and assure that they will “patiently” wait for a more attractive point to reinvest.

Likewise, they continue to see ABS as a good instrument for an “attractive risk-return trade off.”

The management company believes that local currency emerging market bonds are “the most attractive of the larger liquid asset classes” mainly due to the nominal and real yield they offer as compared to that of developed markets. This is supported by inexpensive currency valuations and “decent” underlying fundamentals.

Finally, they also see attractions across a broad range of niche alternative asset classes, such as litigation finances, healthcare royalties and aircraft leasing.

“Economics and politics are interconnected; they always have been and always will be,” claims ASI, before pointing out that, nevertheless, the nature of that connection “changes over time.” In that regard, the management company predicts that geopolitical uncertainty will continue to drive markets.

In particular, it sees a confrontation between Italy and the EU, a hard Brexit, and an escalation of the US-Iran conflict as increasingly likely.

The management company points out that future outlook analysis is a key part of its risk management approach, since it ensures that they look beyond simple quantitative measures of investment risk. In that regard, some scenarios that have been assessed include a trade war, the rapid increase in interest rates and a liquidity crisis.

According to ASI, their scenario analysis reinforces their focus on diversification through its multi-asset strategy – which includes products such as the Aberdeen Standard SICAV I – Diversified Income Fund – and, in addition, provides a useful basis for “challenging base case assumptions with respect to asset class correlations and individual market liquidity.”

The objective of this analysis is to consider how their funds could respond to different extreme scenarios, which include geopolitical (e.g. war in the Middle East), economic (e.g. China’s hard landing), political (e.g. protectionist policies), market (e.g. major US treasury sell-off) and environmental (e.g. cyberterrorism).

“Although a scenario analysis is a highly subjective exercise and there are no right answers, we believe that by taking the time to think through these scenarios we have a better sense of how our portfolios may perform in a range of market conditions and some of the key sensitivities around this,” says ASI.

CFP Professionals Have Another Nine Months to Comply with New Code of Ethics and Standards of Conduct

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Los CFPs tendrán nueve meses más para cumplir con el nuevo código de ética y normas
Wikimedia CommonsPhoto: PxHere CC0. CFP Professionals Have Another Nine Months to Comply with New Code of Ethics and Standards of Conduct

The Board of Directors of the Certified Financial Planner Board of Standards announced on Tuesday that it has set a date of June 30, 2020 when CFP professionals’ compliance with the new Code of Ethics and Standards of Conduct will be enforced.

The previously announced effective date of October 1, 2019 remains the same for the over 85,000 CFP professionals to understand and comply with the new rules. In setting a targeted enforcement date, the Board of Directors is providing CFP professionals additional time before compliance is enforced with the new Code and Standards.

“In order to best benefit the public, the Board wants CFP professionals to have time to adjust to the new Code and Standards. By setting this enforcement date, we are ensuring they have ample time to modify their policies, adapt systems and be in alignment with the new rules,” said Board Chair Susan John, CFP. “With these new standards, CFP professionals will be required to provide clients with fiduciary financial advice at all times.”

John specifically noted that none of the Code and Standards themselves had changed. This includes, what she called, the “iron clad” commitment of CFP Board to require CFP professionals – no matter their compensation method – to adhere to a fiduciary duty whenever delivering financial advice.

“Since the beginning of the nearly four-year process to review our standards, we said that CFP Board would not be led by what actions regulators take. But we won’t ignore them either,” John said.

“The Board, however, does believe that the alignment of the SEC’s enforcement date of Regulation Best Interest (Reg BI) is helpful to our CFP professionals in that there is significant overlap in the two sets of standards – with a notable exception that CFP professionals are required to act as a fiduciary whenever they are providing financial advice to clients.”

For conduct that occurs between October 1, 2019 and June 29, 2020, CFP Board will continue to enforce violations of the existing Standards of Professional Conduct. Starting June 30, 2020 and onward, CFP professionals will then be subject to potential disciplinary action for any violations of the new Code and Standards. Additionally, the exam starting with November 2019 exam will include material from the new Code and Standards.

“We appreciate the valuable input of CFP professionals, their firms, trade associations and membership organizations representing CFP® professionals in helping the Board come to this decision,” John said. “It is now time for all of us to pull together and comply with the new standards so that we can provide the public with the highest level of financial advice.”

A guide to the new standards can be found here.

The Approval of the Pension Reform in Brazil Opens the Door to Lower Rates and Foreign Inflows

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La aprobación de la reforma previsional en Brasil abre la vía para bajar los tipos y atraer flujos extranjeros
Wikimedia Commons. The Approval of the Pension Reform in Brazil Opens the Door to Lower Rates and Foreign Inflows

With the broad vote obtained in Congress, the pension reform in Brazil seems to have entered a safe path, opening the possibility of a reduction in interest rates and new reforms, says Luiz Ribeiro, CFA Managing Director Head of Latin American DWS Equities, in an exclusive interview to Funds Society.

Interest rate cuts

In the opinion of the expert, the fact that the reform was approved so widely is very positive because it implies that opposition congressmen voted in favor.
One of the most remarkable aspects of the reform is the volume of expected savings that, according to his estimates, could be around 850,000-900,000 million reais in ten years. Thus, Ribeiro believes that this important volume will allow the Brazilian Central Bank to reduce interest rates by 100 bp before the end of the year. “We expect the central bank to cut rates by 50 bp at its next meeting to 6% and another 50 bp in the next. This reduction will have a very positive impact on the equity markets “, Ribeiro points out.

Regarding the next steps in the parliamentary approval process, Ribeiro is confident and does not expect big surprises: “This first vote has been the most important, and we do not foresee that there will be problems in the Senate voting. It is a done deal and we hope that the reform will be voted on in the Senate at the end of August. “

Door opened for further reforms and foreign investors inflows

In relation to how much of these positive reforms have already been priced in, Ribeiro states that while the Sao Paolo stock exchange is trading at PER of 12.2 times above the 7-year historical average (11 times), there is potential for further upside as the market has not yet priced in the next reforms that will came into place after to the approval of the pension reform.”The next reform to be addressed will be the tax reform and the market seems to start to discounting it for next year.”

Ribeiro also highlights the fall in country risk premium, resulting in 5 yrs CDS levels similar to the ones Brazil was when its rating was investment grade. This lower perception of risk may drive foreign investors back to the Brazilian equity market, although Ribeiro believes that they will wait until the parliamentary process is in a more advanced state.

In this regard, he points out: “The recent inflows that we have seen in Brazilian stock market come from a change in the asset allocation of local funds from fixed income markets equities. I think this trend will continue, but we will begin to see foreign investors in the coming to the market in a few months. “

After this important step in Guedes economic agenda, the manager states that the main risks that may affect Brazil come from the external sector and are basically: “Increase tensions in the trade war or the situation in Italy.” Consequently, in their portfolios they overweight sectors linked to the domestic economy such as the consumer sector and certain smaller financial companies.

Mini-Bots: The New Italian Instrument That Causes Controversy In Europe

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Mini-BOTs: el nuevo instrumento italiano que genera polémica en Europa
Pixabay CC0 Public Domain. Mini-Bots: The New Italian Instrument That Causes Controversy In Europe

The Italian authorities are looking to launch the new mini-BOTs. What is this financial instrument? Why are European Central Bank (ECB) officials so upset by this monetary development?

Mini-BOTs are new Italian Government ‘I Owe You’ (IOU) issued in settlement for its outstanding expenditure contracted with the private sector, according to ASG Capital. These instruments will have legal tender status, can be exchanged between different private and public entities and used for payment of taxation. In sum, mini-BOTs would function as a local currency issued by the Italian government beyond the pale of the Euro system, outside the ECB’s monetary control.As ASG Capital points out in a recent analysis, naturally, European officials in Frankfurt and Brussels are not at all ‘amused’ by this monetary initiative coming from Rome. Faced with this new development, Jacques Sapir, French economist, describes how the ECB is standing between ‘a rock and a hard place’:

1. As it did with Greece, the ECB could apply funding pressure on the Italian banking sector for example, to make its government comply with Frankfurt’s monetary hegemony. However, there is a risk this policy could back fire. As Europe’s third largest economy and a fundamental keystone to the construction of the European project, Italy may use this kind of action as an excuse to extend a wider spread use of the mini-BOT, or ultimately leave the Union all together. In such circumstances, it is uncertain the Euro would even survive the exit of this important founding member.

2. On the other hand, the ECB could tolerate the issue of Mini BOTs as an exceptional monetary phenomenon. In this case, Frankfurt would be setting a precedent, which other nation member states may introduce in turn at some future date.

Ever since the launch of the Euro, Italy’s growth has been very weak. Its banking sector is subject to severe financial strain under the weight of significant non-performing loans. Rome has no choice but to do something….

If mini-BOTs are perceived as a potential ‘spanner in the works’ by successful northern member states, it could be considered as a cry for help from the Italian perspective. For the Eurozone to hold together and address its financial and economic imbalances, its banking sector needs to be cleaned up once and for all.

By moving pan Eurozone non-performing loans onto the ECB’s balance sheet for example, many of the region’s banking problems could be solved at the stroke of a ‘Quantitative Easing’ pen. This would be a far simpler way to manage the future of the single currency rather than watch a disorderly breakup of the Eurozone, because of the advent of the mini-BOT.

Aberdeen Standard Investments: “Our Multi-Asset Strategy Allows Us To Add Value Through Diversification”

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Aberdeen Standard Investments: “Nuestra estrategia multiactivos permite sumar valor a través de la diversificación”
Pixabay CC0 Public Domain. Aberdeen Standard Investments: “Our Multi-Asset Strategy Allows Us To Add Value Through Diversification”

Given the current valuations, investors in traditional asset classes face a challenging environment for medium-term returns and available profitability. In addition, the most likely scenario is that volatility and the periods of stress experienced by the market in 2018 will continue this year. This is the vision of Aberdeen Standard Investments (ASI), which, in this situation, is committed to a flexible multi-asset solution that “adds value” through diversification.

This strategy is structured through the Aberdeen Standard SICAV I – Diversified Income Fund, a fund that invests in emerging debt (27.5%), listed equity (20%), infrastructure (11.2%) property (9.2%), high yield bonds, loans and litigation, among other asset classes. “The breadth of this universe allows us to fully harness the benefits of diversification and provides a solid foundation for delivering the strategy’s objectives,” says Becky Nichols, Multi Asset Specialist of ASI, in an interview with Funds Society.
 

By not being tied to a specific index nor forced to hold investments that they regard unattractive, the fund allows for “unconstrained and flexible” asset allocation. And it’s that flexibility which allows them to “add value by rotating asset allocation”, increasing the exposure of those offering better returns and reducing or selling those that are less attractively valued. This also enables them to provide some downside protection in times of stress.

The fund’s approach is to seek fundamentally attractive long-term investments through exposure to a wide variety of products, as, while the attractiveness of an asset may vary depending on the moment of the market cycle, the attraction of diversification “persists.”

With this in mind, the management company uses five-year return and risk estimates, they then refine them with the fund’s specific holdings and, finally, combine them with the volatility and correlation estimates.

All this incorporates qualitative judgement that includes capturing prospective risks and pragmatic issues that the process cannot incorporate (such as liquidity risk) and assessment of niche opportunities. “At the end of the process, we have a basic vision of where we believe the world is going, the implications for investment returns for the broad range of assets, and the indicative portfolios that result to achieve the fund’s objective,” says Nichols.

Their core belief is that there are several asset classes with attractive return prospects, but different return drivers, so that by combining them, returns can be more attractive than those of an isolated asset class. “It’s a robust approach in differing market conditions,” she adds before pointing out that a key aspect of this philosophy is the asset manager’s ability to “identify and access a broad range of asset classes in a liquid form.”

All in all, it’s a multi-asset solution for long-term investors looking to obtain a high, but sustainable, annual return combined with capital growth. The objective is to obtain volatility well below that of equities and a return of 4.5% per annum, which was reached in 2018.

The portfolio is fully global, but they are currently finding opportunities in emerging market bonds in local currency, mainly due to the attractive nominal and real yields they offer compared to developed countries. This is supported by cheap valuations of currencies and “decent” underlying fundamentals.

According to Nichols, the overall economic outlook for emerging markets is positive, as most are growing at a solid although unspectacular pace and inflation is under control, which supports investors’ optimism. She maintains that one of the risks is that the Chinese economy “will slow down significantly in the coming years, which would generate stress for those emerging governments which are more China-exposed”.

Another potential source of risk is, in his opinion, Donald Trump’s administration and economic policy, due to both possible protectionist measures and the fact that his fiscal and migratory policies may result in a stronger dollar, which would lead to a depreciation of the emerging currency.

How Does Reg BI Affect the Cross-Border Private Wealth Business?

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¿Qué significa Reg BI para la banca privada transfronteriza?
Photo: Jimmy Baikovicius. How Does Reg BI Affect the Cross-Border Private Wealth Business?

Since 2010 and the passing of Dodd-Frank, the SEC and the industry have wrestled with how to minimize the inherent conflict between commission sales and a client’s right to obtain “disinterested” advice. Now, nearly a decade later, Regulation Best Interest is here and will fundamentally impact our industry in its attempt to mitigate that conflict. The question of whether a cross-border broker-dealer has acted in a client’s “best interest” will no longer be a matter of individual subjective discretion. Instead, that determination will be made subject to strict, disciplined guidelines by the SEC.

Reg BI will now require significant review of both broker-dealer and advisory offerings for an expanded level of conflict disclosure, and, in certain SEC-urged circumstances, mitigation or elimination of those conflicts. In addition, it will require a fundamentally new, disciplined and documented methodology for individual recommendations that has led some to openly question whether the commission model can survive under it.

Regulation Best Interest Generally

Under Reg BI, broker-dealers and investment advisers must provide layered disclosures and diligence at the firm, broker and product levels. Each of those obligations arise for broker- dealers at the time they “recommend” to a “retail customer” a securities transaction or investment strategy involving securities. Recommendations also extend to what type of account to open.

On its face, Reg BI’s mandate is not remarkable. It simply requires broker-dealers to act in the “best interest” of their retail customers when making recommendations about particular securities or investment strategies. The context of this “best interest” determination centers almost exclusively on prohibiting the broker-dealer from placing its financial interest ahead of the customer’s, and disclosing any information which may lead the customer to believe that the broker-dealer is not consciously or unconsciously “disinterested.” The difference is that now the SEC is requiring specific measures to document and confirm the methodology of reaching that determination.

Cross-Border Application

Because of the way the cross-border private wealth business delivers many of its services, satisfying those obligations could have a uniquely disadvantageous impact on our industry. Unlike the domestic investor, non-U.S. resident investment into U.S. accounts is often driven by non-economic factors including dollarization of currency risk, family security and risk, geographic diversification, and the international tax considerations tied to those. Further, non- U.S. resident investors often operate in languages other than English. Also, brokers who service non-U.S. resident clients often travel to meet their clients in countries that present additional layers of law and regulation and may legally constrain the in-country performance of certain service activities.

Smaller Shops

Many cross-border service providers are smaller broker-dealers or advisers that have limited offerings and platforms. In its mandate to fully disclose the scope and terms of the relationship with its customer, the SEC newly emphasizes the disclosure of any material limitations a broker-dealer may operate under, including limited licensing consequences, proprietary or limited product range, and limited strategy availability. Smaller firms may well bear a disproportionate amount of the compliance burden and cost in implementation. It is clear,
however, that the availability of only a limited range of product will not protect a firm or broker from Reg BI non-compliance.

An Expanded Duty of Care

While many cross-border brokers operate under FINRA Rule 2111 (suitability), Reg BI’s enhanced suitability requirements will force greater and deeper knowledge of a client’s investment profile —specifically, tax status — in order to formulate a compliant recommendation. The obligation not only requires “diligence, care and skill” in making disinterested recommendations, but will now require that the methodology used in considering alternatives, costs, and consequences of the recommendation be thoroughly documented. Those variables must then be analyzed in application to a particular customer’s investment profile before a compliant recommendation can be made. Importantly, a customer’s investment profile must include a documented analysis of the customer’s tax status and the impact of any recommendation under that status. Under this “show your work” methodology, the ability to minimize the importance of client tax status will be largely lost.

Broker Compensation

Because the SEC views certain bonuses as too pernicious to be merely disclosed or mitigated, benchmark and target-laden packages under which many now work, may need to be revised or eliminated. In a marked departure from its disclosure-oriented philosophy, the SEC has now determined that certain types of conflict are so harmful that only eliminating them will suffice. While some, like sales contests, and sales quotas, have largely been abandoned by a self-policing industry, the application of that elimination strategy to other modes of
compensation remains unclear. Accordingly, the viability of benchmark-laden revenue goals is now in substantial question.

Non-Economic Investment Considerations

At its core, Reg BI is heavily premised on “objectively verifiable” performance indicators that disregard some of the main drivers to cross-border investment—such as geographic diversity, dollarization of assets, privacy and security, and complex structures for tax and succession planning. While the SEC has also noted that these “highly personalized non-economic” drivers may also factor into the best interests inquiry, how those factors will be weighed remains unclear.

Document Delivery and Prospects

Reg BI is triggered when a recommendation is made. That trigger could well create obligations upon a broker regardless of whether the recipient has an account that may actually execute the trade. While much uncertainty remains as to when Reg BI applies, it is important to note that the SEC is urging heightened consideration in making recommendations to prospects.
“[A] broker-dealer should carefully consider the extent to which it can make a recommendation to prospective retail customers, including having gathered sufficient information that would enable them to comply with Regulation Best Interest… should the prospective retail customer use the recommendation.”

Conclusion

At first blush, Reg BI appears to be the SEC’s innocuous response to the mandates of Dodd-Frank. But when applied to the cross-border banking industry, Reg BI will significantly impact the ways that broker-dealers interact with their international customers. Many are questioning the viability of the brokerage model given the increased compliance costs. Others are advocating a limiting of recommended stocks or clients eligible for recommendations. All these options themselves would require conflict disclosure under Reg BI!

We will all look expectantly to how the industry responds.

Column by Sergio Alvarez-Mena, Partner, Financial Institutions Litigation and Regulation Practice, Jones Day Miami, and Lance Maynard, University of Miami School of Law (JD/MBA 2020)
 

Monica Mavignier and Alessandro Merjam Join HSBC in Miami

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Monica Mavignier and Alessandro Merjam Join HSBC in Miami
Alessandro Merjam, photo Linkedin. Monica Mavignier and Alessandro Merjam Join HSBC in Miami

HSBC Private Banking continues to strengthen its team serving Latin American clients from the United States. As confirmed to Funds Society, Monica Mavignier and Alessandro Merjam have joined the team led by George Moscoso.

“We are strongly committed to our clients based in Brazil, one of our four core markets in Latin America. As a key part of our growth strategy, we are investing in this team and are excited to welcome Alessandro Merjam and Monica Mavignier. We are focused on adding talent and building the best team to serve ultra-high net worth individuals and family offices based in Brazil.”

Moscoso, who last April became the leader of HSBC Private Banking for Latin America and the Southeast of the US, is tasked with growing the bank in LatAm, focusing its efforts in their four main markets: Brazil, Mexico, Argentina and Chile, as well as the southeastern United States.

Since his appointment, he has hired Samir Ahmad to serve Mexican clients from the New York office, as well as Mavignier and Merjam to serve Brazilian clients from Miami.

According to Joe Abruzzo, Regional Head of HSBC Global Private Banking, Americas: “We have been investing in professionals with the unique talent to serve ultra-high net worth families from our core Latin American markets. Samir complements this team well and is a good example of the talent we will continue to add.”

Merjam comes from Itaú Private Bank in Miami and has more than 20 years of experience in asset management. Mavignier worked for a month at Morgan Stanley before joining HSBC, previously she was with Wells Fargo and has more than 10 years of experience in the asset management industry. Ahmad who before joining HSBC was at JPMorgan has more than 22 years of private banking and wealth management experience.