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Ten Seconds Into The Future 2010

 

In a simple world, we eat what we kill today, we consumer what we produce today. With trade in its simplest form, barter, we are able to specialize and be more efficient, focusing our talents and gifts on what we have an advantage in. The invention of money, whether gold or fiat currency, allowed us to grease the wheels of trade. The invention of credit allowed us to trade with the each other and the future, allowing us to consume what others have produced today and pay for it with what we produce tomorrow, accounted for in some convenient measure of currency.

Note that the uncertainty over one’s ability to produce tomorrow translates into one’s inability to repay and hence impairs one’s ability to borrow to consume today. Imprudent financial management will also impair the ability to repay and hence the abiltiy to borrow.

For the last decade, the West has clearly over consumed and over borrowed. This has been financed by savings in the developing world. From a flow and stock perspective, this is unsustainable, as has been demonstrated. While the credit crisis of 2008 has exposed imbalances and corrected a few, the more fundamental issue of savings and consumption is still being resolved and could take several years to unfold.

The chronic indebtedness of individuals was always unsustainable. At some stage, like now, the government would have to step in to bail out the consumer. As consumers or Main Street rails at Wall Street, thought should be given for the role the consumer played in the origination of credit in the form of mortgages, credit card loans, auto loans, which were securitized and structured for trading. The only politically viable short term or even medium term solution was to transfer most of the private debt onto the public balance sheet.

A combination of financial system rescues, emergency fiscal spending, falling tax revenues has resulted in serious degradation of public balance sheets, in some cases threatening liquidity and in others solvency of sovereign issuers.

Developed countries will spend the next 5 to 7 years reducing their indebtedness across public and private balance sheets. Developing countries will be doing the reverse. The relative value lies therefore in developed countries’ sovereign debt relative to emerging market debt. This is of course dependent on current pricing as it can be an expensive trade to carry.

Inflation is likely to impact the emerging markets disproportionately given the composition of consumption baskets in developed markets versus emegring markets.

Developed markets are likely to continue operating relative loose monetary policy. Inflation is less of a problem for them. Inflation comes from two sources, internal and external prices. The recent weakness in GBP and EUR will introduce inflation purely mechanically from an accounting perspective. The other source is from internal inflation from capacity constraints. The latter does not appear to be a source of concern. Rich world capacity utilization has only barely approached 2001 recession levels and this after a year long recovery.

Inflation will likely be very product market specific. Inflation is indiscriminate only in cases of hyperinflation where the trigger is a loss of confidence in a currency rather than a continuous erosion in purchasing power. Absent a loss of confidence, inflation will likely only affect capacity constrained product markets, and may just as easily also manifest in asset markets. This is stating the obvious but directs the search for inflationary areas to capacity constrained areas. Commodities like gold are obvious markets which are likely to see inflation, although in the particular case of gold, its increasing use as an inflation or risk asset hedge is likely to introduce linkages to the risk assets it is intended to hedge, degrading its utility as a hedge. Land and real estate are other areas where particular capacity constrained locations and asset types are likely to see inflation. Ags and softs are complicated by the noise introduced by technology, weather, access to water, regulation and policy.

In indebted countries, policy will lean towards creating inflation. In less indebted countries, policy will lean towards price stability. Aims and results are different things. Short rates are likely to remain low in developed markets as their economies remain weak and policy will lean towards growth rather than inflation. The reverse is likely to be true in emerging markets where the same inflationary pressures will have more severe wealth effects and policy has to be more hawkish. At the long end, rates are expected to remain high for both emerging and developed countries reflecting both inflation expectations and balance sheet strength.

As the balance of savings mean reverts between East and West, trade imbalances will also mean revert towards balance. The impact on FX is likely to bring strength to EUR and USD and weakness to JPY (and CNY, BRL, AUD). This is quite a long term theme likely to be subject to signficant volatility.

Globally, as represented by the MSCI World Index, stocks are cheap to credit and fairly priced to Treasuries. Given the inflation outlook and the outlook for credit quality of sovereigns going forward, stocks are preferable. Geographically, stocks are fairly priced on a relative basis. The Dow trades at a 4% yield gap to treasuries while Shanghai and Bombay trade at 2% yield gaps over US treasuries and at 2% and -2% gaps to local respectively. The Hang Seng interestingly is at a 4% gap to US treasuries and to local HKD. Australia trades at 2.7% over UST and flat over local, Canada trades at 3.3% over UST and 3.5% over local, just as a rough guide.

Simply buying and holding equities is insufficient. Indices hide a multitude of data issues such as survivorship bias. In the last 100 years, only 1 stock has remained in the Dow Jones Industrial Average, General Electric. All the other components have changed, merged, fallen away. Stock selection is important. Stock selection per se is an established and valuable way of generating returns. Stock selection is also important as a means of more intelligently representing broad macro views.

The theme of growing domestic consumption in emerging markets such as China, India, Brazil and Indonesia is a long term theme that had been brewing since before 2008 and continues to hold. The developed world will increase its savings rates simply and mathematically based on the dearth of de facto vendor financing – the over saving of emerging market consumers and their central bank purchases of US treasuries.

The developed world is steadily becoming a net exporter. The emerging markets will steadily become a net importer. This hides a multitude of detail and colour, however, the basic message is to buy developed world exporters and short emerging market exporters, to buy emerging market domestic plays and short developed market domestic plays. World trade will rebound, only the net direction will change. Container ships which were empty to Asia and full to the US and Europe are likely to reverse that phenomenon. The developed world has much to offer: high tech, intellectual property heavy products and services, and brands and franchises such as luxuries. Emerging markets will with time develop their own intellectual property to the level of the developed world but this will take time. They may be better at commercialization of developed world technologies for distribution to a domestic client base.

Emerging markets have been chronically starved of credit relative to developed markets. Barriers to entry to international banks are unlikely to fall quickly. They will more likely erode with time and consolidation. In the meantime, the acceleration of emerging market growth on the back of a globally coordinated quantitative easing, transmitted through sclerotic developing world capital markets and de facto currency pegs and managed floats, is unlikely to find credit capacity from the domestic banking systems, and the peripheral access afforded international banks. There will be an undersupply of capital leading to an undersupply of credit. Emerging markets need and will develop, a shadow banking system. The sophistication of Western central banks and financial market regulators was insufficient to control the growth of the shadow banking system, allowing it to grow out of hand in size, complexity, and audacity, to the extent that it became an integral part of the credit crisis of 2008. What is the probability that less experienced, granted, no less shrewd regulators in emerging markets will be able to guide and regulate the new shadow banking industry as it evolves on their patch?

The obvious opportunities are to replicate the bubble inflating strategies in the US pre credit crisis adjusted for local particularities. Spread compression, cheap and excessive leverage, real estate, LBOs, M&A, levered loans, securitization, structured credit. History will not repeat itself precisely, but the plot devices are likely to be the same.

The implications of emerging market populations not only converging to developed world per capita ouput, but also in their levels of indebtedness and the concomitant credit creation are profound. Inflationary pressures will be significant both in the real economy and in asset markets. The prognosis for emerging markets in the long run is positive. The risks, however, lie in the way the 2008 credit crisis has been addressed by Western governments and regulators. Many inefficiencies and imbalances remain unaddressed, moral hazard being foremost among them. But that will be somebody else’s’ crisis.




European Madness

20% of Nestles business is Europe, 30% in the US, the rest are in emerging markets. 34% of Givaudan’s business in in Europe, 26% is in the US, the rest are in emerging markets. 46% of Swatch’s business in Asia. 30% of LVMH’s business is in emerging markets and Japan. 20% of Carrefour’s business is in emerging markets. Nearly 40% of Telefonica’s business is in Latin America. Over 30% of Bayer’s business is in emerging markets. 17% of Siemens business is in Asia. European companies are emerging market plays. Yet they are being sold down on European macro risk.

55% of Yue Yuen’s revenues are from US and Europe split evenly. (They make Nike, Puma, Adidas). 93% of Li & Fung’s business is from US and Europe. Look at the market cap representation of the HK and China stocks. They are mostly oil and gas which are highly levered to oil prices, banks which hide an uncertain amount of non performing assets, and resource companies which are levered to the underlying resources. Domestic plays are scarce. Power companies, transport and infrastructure are available. The true domestic consumption plays are small and micro caps.

But we sell down Europe.




Credit Rating Gamma

The role of ratings agencies has been placed under intense scrutiny in the wake of the 2008 credit crisis.

Clearly the ratings agencies have failed in one glaring respect. The creditworthiness of a borrower is tied not only to its solvency but to its ability to generate cash flow to repay, as well as its ability to raise debt financing. The publishing of a credit rating therefore must impact the borrower’s ability to further borrow. There is inherent gamma in the very act of issuing a rating. An upgrade or a favourable rating improves the borrower’s ability to raise debt while a downgrade or an unfavourable rating impairs the borrower’s ability to raise debt.

It is not immediately clear how to model and estimate the convexity of this phenomenon. I am sure there is sufficient data to model this phenomenon econometrically. How good are the estimates? No worse than the rating that a ratings agency could issue on a complex CDO tranche.

This is a more deep rooted problem than one about ratings agencies. It is a problem overlooked by regulators and market participants alike; that their very actions change the nature of the risks they attempt to quantify, analyse and manage.




Hedge Fund Performance April 2010

 

Year to date the top performing strategies have been Event Driven, Distress and Fixed Income Arb. The weakest strategies were Global Macro, CTAs, and Market Neutral. Over a 12 month period Convertible Arbitrage continues its strong run, followed by Distress and Emerging Markets. The weakest strategies year to date were also the weakest over a 12 month period.

Recent history has reinforced the fact that it is very hard to time hedge fund strategies. Event Driven strategies were least favoured in 2009 yet performed well this year. Global Macro and CTAs were most favored at the beginning of 2009 yet both have underperformed the other strategies by a convincing margin.

Market neutral strategies continued to struggle as equity markets have been driven mostly by macro risk factors and fundamentals have played little part in explaining price variation.

On the whole the value proposition of hedge funds has been reinforced. The HFRI has outperformed the MSCI World and Barclays Bonds convincingly both on the upside as well as protecting on the downside over a 6 month, 12 month and Year To Date basis.

Bearing in mind that the nature of hedge funds being skills based is such that a macro environment that holds potential for gain, holds equal potential for loss, and going against my own earlier observation that you cannot time strategies, here are some predictions for the prospects of the various strategies.

Equity market neutral strategies will continue to struggle as markets will continue to be driven by macro factors, particularly monetary and fiscal policy, extraordinary policy and regulatory factors. I do not expect further crises or near crises as governments are already on high alert given the situation in Greece and the Eurozone. Markets are looking tired and looking for an excuse to correct, however, trading should be continuous.

Fixed income arbitrage is an interesting area where given the volatility and uncertainty in sovereign risk one would have expected more volatility. Instead performance has been consistent. Highly levered strategies have been extra careful and under levered despite a widespread recovery in available leverage to hedge funds.

The problem facing CTAs is that conditions have changed. Markets are driven by policy and politics which do not follow the set pattern of price evolution of the past 8 years. Prudent risk management may save some but the overall picture for CTA performance is likely to be further randomness.

The problem facing Macro is similar. Markets are not being driven by fundamentals, policy makers are not being driven by the usual state variables but by exogenous factors. The potential for gain is high as is the potential for loss. Unfortunately the talent that excels in these conditions is scarce.

Event driven managers were a favourite of mine coming out of 2008 and they continue to be. Often regarded as one of the more risky strategies, the fact that event driven is highly specific and doesn’t try to diversify systemic risk but instead tries to isolate, assume and manage idiosyncratic risk makes it a safer strategy in these uncertain times.




UCITS III for Hedge Fund Strategies: A Brief Guide

 

What are UCITS?

UCITS are funds that comply with the European Directive for retail open-ended investment funds, are incorporated and authorised by the regulator in an EEA member state and can be distributed throughout the European Economic Area.

UCITS is a framework to standardise rules for the authorisation, supervision, structure and activities of collective investment undertakings in the EEA and so to enable them to be marketed throughout the EEA.

To be UCITS a fund must be open-ended, liquid, well-diversified, invest only in certain ‘eligible’ assets (namely quoted securities, money market instruments, deposits, certain derivatives and units in other UCITS) and can only employ limited leverage.

Why would a hedge fund manager offer a UCITS version of their fund?

Managers who are able to offer their strategies in UCITS format will be able to access a large universe of investors attracted by the UCITS brand in Europe, globally, and particularly in the Asia.

The transparency, liquidity and regulatory oversight required in a UCITS addresses investor concerns in a post-Madoff, post-credit 2008 crunch environment.

A UCITS lies outside the scope of the European draft Alternative Investment Fund Managers Directive which is likely to impact unregulated offshore hedge funds in yet undefined ways. This is potentially beneficial as the AIFM Directive is likely to impose constraints on European investors investing in third-country funds, which would include those domiciled in offshore jurisdictions such as Cayman Islands and Bermuda.

What is the process of launching a UCITS?

It’s complicated but it can be largely outsourced. Below is a list of the main features of UCITS. It all sounds complicated and laborious but a competent partner will be able to take most of the initial and ongoing burden away so that the fund manager can concentrate on managing money in as uninterrupted and unmodified a fashion as possible.

Fund Structures:

There are several fund structures available to UCITS. These include Unit Trusts, which are familiar vehicles and preferred by certain Asian investors such as Japanese, Variable Capital Companies, which are the OEICs and SICAVs and will look similar to a hedge fund structure with additional segregation of assets ex prime broker and Contractual Funds which are niche structures which are more complex to administer and market.

Management Companies:

The structure and indeed the existence of a management company is based on the tax planning of the investment manager. A Management Company brings with it minimum capital requirements, oversight and accounting and consolidation requirements. Roughly speaking, a UCITS Management Company needs to have 125,000 EUR of capital as a minimum plus 2 basis points per EUR of AUM over 250 million. This capital cannot be held on the group Holdco balance sheet and must be invested in liquid investments.

Sponsors:

There are some onerous capital requirements on Sponsors.

  • In Ireland the capital requirement is 635,000 EUR.
  • In Luxembourg the capital requirement is 7.5 million EUR.
  • These are largely unwritten rules.
  • A sponsor can be rented.

 

Legal Documentation:

  • There are rules for the prospectus
  • There is a simplified prospectus
  • Constitutional documentation, memoranda and articles.
  • Legal contracts:
    • IMA
    • Administration Agreement
    • Custody Agreement
    • Distribution Agreement
  • Business Plan and Substance Application
  • Risk Management Process

 

The Business Plan and Substance Application:

  • Constitutional documents
  • Capital requirements
  • Probity and competence of directors
  • Suitability of qualifying shareholders and organizational structure
  • Conduct of business
    • Board meetings – Frequency and content – minimum of 4 in the domicile.
    • Managerial functions
      • Frequency and content of reporting
      • Exception reporting
      • Escalation measures

 

The managerial functions require at least 2 Conducting Officers or Dirigeants.

These can be:

  • Employees (usually not)
  • Directors of the UCITS can assume these functions
  • UCITS can appoint consultants.
  • In Ireland a board can be collectively appointed. In Luxembourg individuals have to be named.

 

The managerial functions include:

  • Appointment of Chairman
  • Frequency of board meetings
  • Distinguishing between decisions for the board versus the conducting officers
  • Compliance monitoring.
    • Investment breaches
    • Pricing errors
    • Complaints
    • AML issues
  • Risk Management
    • Investment risk
    • Use of Derivatives
    • Pricing issues
    • Reconciliation
    • Failed trades
  • Performance Monitoring
    • Performance metrics
    • Benchmarks – especially if VaR relative to benchmark is used as a formal exposure metric
    • Explanation of unusual performance
    • Outlook
    • A bi annual detailed commentary for inclusion in the financial statements
  • Finance Control
    • Management company and fund financial statements
    • Annual audit process
    • Monthly management accounts of Management Company and Fund
  • Monitoring Capital
    • Monthly review of capital adequacy.
  • Supervision of service providers
    • UCITS requires regular ongoing due diligence on the Administrator, Custodian, and other service providers.

 

Eligible Markets and Securities:

List of Eligible Assets

  • Transferable Securities (TS)
  • Money Market Instruments (MMI)
  • TS and MMI with a derivative element (example Convertible Bonds)
  • Financial Derivative Instruments (FDI)
  • Open ended Collective Investment Schemes (CIS)
  • Deposits with credit institutions
  • Ancillary liquid assets
  • Financial indices
  • Repos, reverse repos, stock lending

 

List of non eligible assets

Direct or indirect investments in

  • Commodities
  • Real estate
  • Private equity
  • Hedge funds
  • Non financial indices
  • Short selling of MMI
  • Anything that circumvents the investment limits of the UCITS directive

 

Note that exposure to the above can be gained through financial indices on the underlyings.

Transferable Securities:

Generally:

  • Max loss limited to cost
  • Liquid
  • Regular, accurate reliable pricing
  • Negotiable

 

Closed end funds:

  • Corporate governance has to be robust
  • Asset manager subject to national regulation

 

Money Market Instruments

Generally:

  • Normally dealt in on the money markets
  • Liquid
  • Can be accurately valued

 

If not dealt in on a regulated market:

  • Meet certain issue/issuer criteria
  • Information available for a credit assessment
  • Freely transferable

 

Derivatives:

  • Underlyings consist of:
    • TS, MMI, CIS, FDI, deposits, financial indices,
    • Interest rates
    • FX rates
    • Currencies
  • Do not expose UCITS to risks it could not otherwise assume
  • Does not cause deviation from investment objectives
  • Does not result in the delivery of underlying which is not an Eligible Asset

 

Shorting comes in under derivatives on TS and financial indices. It will allow shorting equities and bonds via CDS.

OTC derivatives are allowed. There are requirements on the counterparty.

  • The counterparty must provide valuations
  • The counterparty must provide unwind

 

Collective Investment Schemes:

UCITS funds can invest in Collective Investment Schemes provided

  • The underlying CIS does not itself invest more than 10% of NAV in another CIS (UCITS or otherwise)
  • The CIS is diversified
  • The CIS is liquid
  • There is a 30% limit on exposure to non UCITS CIS even if they comply with the above
  • Non UCITS CIS must be subject to some form of supervision equivalent to UCITS, with sufficient investor protection

 

Financial Indices:

  • Automatically eligible if the constituents are themselves eligible
  • All other indices require separate regulator approval
    • Requires sufficient diversification
    • Be an adequate benchmark for the reference market
    • Appropriately published
    • Must have independent management from the management of the UCITS

 

A number of bespoke indices have emerged that appear to game this rule. The indices resemble bespoke, alpha optimized portfolios instead of an index representative of some class of assets.

Hedge fund investable indices are eligible provided:

  • No backfill used in their construction
  • No payments are made to the index provider from the index constituents
  • Index construction is objective and systematic
  • UCITS must perform adequate due diligence on the quality of the index

 

Repos, Reverse Repos and Stock Lending

  • UCITS can enter into repos and reverse repos and stock lending. Conditions apply.
  • Collateral must be posted.

 

Diversification:

Unsatisfied with the almost universal concept of diversification, UCITS has adopted the term Risk Spreading.

Unlisted Securities:

  • Limit of 10% of NAV in unlisted securities.
  • Additional 10% of NAV in recently unlisted securities destined to list in less than 12 months
  • Limit does not apply to certain 144A securities provided they list within a year
  • Bonds with a liquid market traded between regulated broker dealers and are subject only to general limits

 

5/10/40 Rule:

  • 10% NAV issuer limit across capital structure.
  • For positions exceeding 5% NAV issuer limit, the aggregate shall not exceed 40% of NAV.

 

For bonds issued by EU credit institutions subject to special public supervision

  • 25% NAV issuer limit across capital structure.
  • For positions exceeding 5% NAV issuer limit, the aggregate shall not exceed 80% of NAV.

 

For Index Trackers, there are looser limits.

  • Max 20% NAV issuer limit. 35% in exceptional circumstances. (e.g. 0005 HK in the HSI Index)
  • Index must be:
    • Sufficiently diversified
    • Represent an adequate benchmark
    • Published appropriately
    • Independently managed of the UCITS

 

Control Limits:

  • Max 10% of non voting shares of any issuer
  • Max 10% of debt securities of any issuer
  • Max 10% of money market instruments of any issuer

 

Government Securities:

  • 35% NAV issuer limit (from 10%) for TS and MMI issued by:
  • EU member state and their local authorities
    • Non Member State
    • Public international body of which at least one member state is a member
  • Exempt from 5/40 rule

 

Up to 100% of NAV may be invested in TS, MMIs issued by a member state or their local authority, non member state or public international body if:

  • Held over 6 or more different issues
  • Limit 30% per single issue
  • Intention to use these limits and target issuers is disclosed in constitution and offering docs
  • Limited to OECD / Investment Grade (quite independent of each other these days)
  • Gilt Funds for example can be UCITS compliant and invest in 1 single issuer. (not quite investment grade these days)

 

Investments in Other Collective Investment Schemes:

  • Max 20% of NAV in a single CIS
  • Max 30% of NAV aggregate in non UCITS CIS (to remain ourselves UCITS)
  • Underlying CIS limited to no more than 10% in other CIS in aggregate (prevents FOFOF layering)
  • Max 25% of units of a single CIS (control issue)

 

General:

  • 20% NAV limit in issuer exposure across their capital structure, net. Includes TS, MMIs, cash, OTC counterparty, exposure via derivatives

 

  • Max 5% in warrants

 

  • No uncovered short sales

 

  • Limits do not apply to the exercise of subscription rights

 

Borrowing Limits:

  • The Fund can borrow up to 10% of NAV for temporary purposes.
  • Credit balances may not be offset against borrowing in calculating the percent borrowed.
  • Leveraged is achieved through derivatives.

 

Risk Management:

Risk Management Process:

  • A fund using Derivatives must submit to the Regulator a detailed Risk Management Process (RMP)
  • The RMP will set out the list of derivatives that will be used, the controls, processes, systems and personnel involved in the management and monitoring of risk relating to these derivatives.
  • Material changes to the RMP need regulator re-approval.

 

Level of Sophistication:

  • The Fund may self classify itself as Sophisticated or Non-Sophisticated.
  • The Regulator may disagree
  • Sophisticated funds are required to implement VaR
  • Non Sophisticated funds can use commitment or (delta) notional exposure
  • Self classifying as Non Sophisticated exempts a fund from the use of VaR but can impose restrictive notional leverage limits
  • Self classifying as Sophisticated allows more latitude in definition of leverage within a VaR framework

 

Global Exposure:

Total gross exposure including derivatives is limited to 200% NAV

Synthetic shorting is allowed

Physical shorting is not allowed

Commitment Approach:

  • Notional value
  • Global exposure is NIL for funds using derivatives purely for hedging or risk reduction purposes
  • Options can be treated on delta adjusted basis
  • Purchased and sold derivatives can be netted only if there is explicit netting arrangements with the Custodian or counterparties

 

VaR:

VaR model based on:

  • 99% confidence interval
  • Max 1 month holding period
  • Min 1 year historical observations
  • Stress tests and back tests must be applied
  • Adequate internal controls, staffing and experience are required
  • Description of VaR model and 3rd party verification
  • VaR may be specified as a multiple of a benchmark. That multiple is limited to 200%.

 

Position Exposure:

  • Limits are defined on total exposure aggregating direct, indirect and derivative exposure.
  • Except for certain Index based derivatives.

 

Counterparty Exposure:

  • Counterparty risk is limited to 5% of NAV for OTCs and 10% for EU or equivalent credit institutions.
  • All derivative exposures to the same OTC counterparties must be aggregated and an “add on” for future credit exposure based on Market Value (Ireland) and Notional (Luxembourg).
  • Counterparty risk can be reduced by the fund receiving collateral from the counterparty.
  • Positive and negative positions can be netted but only if there are formal netting agreements with the counterparty.

 

Liquidity:

  • A UCITS must re-purchase or redeem its units at the request of the unit holder.
  • Minimum frequency is twice a month. (Note that there is no specification on when in the month.)
  • Maximum notice until payout of cash is 14 days.
  • A UCITS can have a 10% gate per redemption date, thus a maximum 20% gate per month.

 

Feasible Strategies:

The following strategies are feasible under UCITS:

  • Long short equity
  • Long short credit – liquid markets only
  • Convertible arbitrage
  • Global Macro
  • Fixed income arbitrage – definitions of leverage need to be addressed
  • Commodity index funds – there is no question of physical of derivatives on underlying commodities. Only commodity indices are eligible.
  • CTA and Managed Futures
  • Event Driven
  • Funds of UCITS Funds
  • Structured and guaranteed products
  • ETFs

 

The following are not recommended for UCITS and fall foul of UCITS liquidity and valuation requirements: Less liquid credit strategies, distressed debt, mezzanine, private equity strategies, small and micro cap strategies.

A Final Word:

For the hedge fund manager, UCITS provides a delivery channel to a different investor base diversifying business risk. It also addresses investor concerns about the operational and fraud risks that plagued parts of the offshore unregulated industry in 2008. In addition, it provides a potential means of dodging the AIFM directive. There will be managers who see UCITS as a convenient dodge and an easier path to raising capital, and there will be those who see it for what it is; the evolution of European mutual fund legislation to ensure better investor protection while providing investors more choice. It is important that managers comply with the spirit of the law as well as the letter. The risk to UCITS as a brand is that it is abused by some managers which abuse the market uncovers in the usual discontinuous fashion and the fallout tars all UCITS with the same brush.

UCITS is designed for liquid strategies. Shoe-horning illiquid strategies into UCITS is a very bad idea. Not many people are aware that UCITS has a gating facility. This is an emergency feature for when normally liquid markets seize up. To run an illiquid portfolio in a UCITS in the hope that the gate provision is never needed is irresponsible on the part of the manager and the service providers who help to bring that UCITS to market.

UCITS is designed for low to moderate leverage strategies. The Sophisticated Fund classification which measures leverage in terms of VaR allows liquid strategies where delta notional exposure is not an appropriate measure of leverage admission as a UCITS. It is not there so that a highly levered and risky strategy can be slipped into a UCITS.

UCITS is designed for portfolios of eligible assets which are eligible by virtue of their liquidity, price discovery and transparency. It is designed so that the UCITS can feasibly supply the represented liquidity, provide an accurate and representative valuation of assets and not carry surprisingly large liabilities on the balance sheet which unexpectedly erode the value of the Net Asset Value.

Use with care.