Spain's Regulator Gives Three Funds the Nod

July 31, 2006 at 08:00 PM
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MADRID, Spain (HedgeWorld.com)–The Comisi'n Nacional del Mercado de Valores, Spain's market regulator, is reported to have date-registered three asset managers who will thus be allowed to set up single hedge funds and funds of hedge funds. A total of 16 entities have requested registration–all major domestic institutions–and it is expected that the other 13 will be approved after the August holiday period.

The regulator has not named the funds that have already been registered, but one is believed to be managed by Optimal Investment Services, part of Grupo Santander, and one by BBVA, either via its joint venture with hedge fund veteran Vega Asset Management or through majority-owned Altitude Investments.

Since a rule change earlier this year allowing retail investors access to hedge fund investments via funds of funds, investment houses have been scrambling to develop their own products or to have access to funds developed by third parties that they can offer to clients using their own branding and marketing. The memorandum submitted to the regulator must contain strict resource specifications on the suitability of the fund's staff, the adequacy of its information technology and its due diligence capacity.

However, noted Ivan Poza, managing director of the Spanish arm of Swiss fund of funds manager Harcourt, the approved asset managers will not be able to file their fund memoranda yet since some details still have to be ironed out. The CNMV is currently preparing its recommendations on issues concerning subscription, redemption and required notice periods as well as liquidity. These recommendations will then need to be examined and approved by Parliament and by the minister of the economy. A new law outlining the requirements in these areas is expected sometime in September or October. Once this has happened, asset managers will make an electronic filing of their fund memoranda, which will then need regulatory approval.

Mr. Poza said that only a handful of the asset managers undergoing registration–BBVA and Santander and maybe one or two others–have their own in house hedge fund capabilities or the resources to develop them. He said the majority would therefore look to external advisory services to help them set up their own domestic funds and funds of funds, which they would then market and distribute through their own channels.

Among the overseas managers believed to have offered advisory services are Harcourt and EIM, both based in Switzerland; Goldman Sachs Asset Management; Unicredit's asset management arm, Pioneer; Russell Investment Group; Fortis; and Soci?? 1/2 t?? 1/2 G?? 1/2 n?? 1/2 rale Asset Management. Most of these are said to be focusing on obtaining an advisory mandate, with the intention of packaging funds of funds for distribution via a local partner.

Competition among Spain's domestic hedge funds is expected to get hot, given their broadening potential investor base. All investors, including retail, will have access to funds of funds. Furthermore, new legislation allowing all domestic funds a 10% "free allocation"–which means that 10% of the fund can be invested in any instruments, including non-harmonized ones such as private equity, single hedge funds or funds of funds–provided their memorandum allows this or is adapted to allow it. Competition for this 10% allocation is expected to be fierce.

One source said that as the environment for hedge funds evolves in Spain, the large banks will probably start looking to set up internal structures in order to manage hedge fund products, creating increased opportunities for single managers. Asset managers will be looking to expand their hedge fund product range by adding funds of funds to their list of offerings.

Contact Bob Keane with questions or comments at [email protected].

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