Sunday, 13 December 2009

Law firm warns of hedge fund exodus
Financial Times
By Steve Johnson Every hedge fund will leave the
European Union if proposals to clamp down on the sector's remuneration policies are adopted, a leading law ...
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Law firm warns of hedge fund exodus

By Steve Johnson

Published: December 13 2009 08:52 | Last updated: December 13 2009 08:52

Every hedge fund will leave the European Union if proposals to clamp down on the sector’s remuneration policies are adopted, a leading law firm has said.

Sweden, which holds the EU’s rotating presidency, proposed last month thathedge funds should be barred from using fees earned from successful parts of their business to pay staff working in underperforming areas and that up to 60 per cent of pay should be deferred for up to three years.

Large hedge funds would also have to set up independent remuneration committees under Sweden’s draft version of the Alternative Investment Fund Manager directive.

Freshfields Bruckhaus Deringer said if the proposals became law the impact would be “rapid and decisive...no hedge funds will operate from within the EU”.

“Hedge funds are much more mobile than banks. It’s much easier for three guys in Mayfair to pack their bags and move to Geneva,” said Michael Raffan, head of Freshfields’ financial services group.

As a result, Freshfields said the “unobservable” part of the hedge fund industry, outside of major jurisdictions, would attract market share and become more risky from a systemic perspective.

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UK Parliament Panel Weighs In Against EU Rules For Hedge Funds


     By Marietta Cauchi     Of DOW JONES NEWSWIRES   

LONDON (Dow Jones)--A U.K. parliamentary committee has warned the government it must press for changes to the European Union's proposed regulation of hedge funds and private equity, to protect the nation's competitiveness as a financial center.

The E.U. is currently working through the Commission's draft directive on the regulation of alternative investment fund managers, which has drawn widespread criticism not only from the industries involved but from politicians in the different member states.

The House of Lords European Union Sub-Committee on Economic and Financial Affairs said Friday it has written to Paul Myners, the U.K. Treasury's financial services secretary, telling him that global co-ordination is essential if the U.K. and E.U. economy are to be protected.

"Coordination with the U.S. regulatory regime in particular is essential to avoid a situation in which the E.U. Alternative lnvestment Fund industry loses competitiveness at a global level," said Baroness Cohen, chairman of the committee.

"The Directive risks seriously damaging the E.U. economy unless it permits the marketing of non-E.U. funds within the E.U. and also allows E.U. funds to invest outside of the E.U.--there is a danger that pension funds, charities and other institutional investors in Alternative Investment Funds will see diminishing investment returns on European based AIFs," she added.

Echoing the concerns of private equity, venture capital and hedge funds alike Cohen also said that the "one size fits all" approach is inappropriate and that the transparency and disclosure elements of the proposals should be amended to take account of the variations of different types of investment funds so that regulators won't be swamped in irrelevant data.

-By Marietta Cauchi, Dow Jones Newswires; +44 207 842 9241; marietta.cauchi@dowjones.com



Mutterings from the South: Institute of Employment Rights ...
By plymdaz
Suffice to say, the cases put, potentially, severe restrictions on the abilities of unions to take industrial action if the organisation they are fighting operates in different areas of the
EU - the ECJ has effectively said that the right ... The ECJ essentially ruled that the Posted Workers Directive allows an employer to import labour, and pay them less and make them work under worse terms and conditions, and Unions can do nothing about it, unless there is a collective ...
Mutterings from the South - http://mutteringsfromthesouth.blogspot.com/


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