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Summer 2010 Database Updates and Beyond |
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Welcome to the summer issue of ManagerQuest® News.The first half of 2010 has flown by, and at ASAP, we've been very busy with new service initiatives to be launched later this year. In addition to the expansion of our marketing support services such as ASAP Fact Sheets, Due Diligence Questionnaire support, and Presentation Reviews, we have established our new Compliance Consulting division.
As an introduction to some of the compliance hurdles our clients face on a regular basis, this issue features an article on the importance of documented data control and compliance procedures. In addition, our guest contributor this quarter, David Spaulding of The Spaulding Group, has provided an updated introduction to the GIPS Performance Standards. Stay tuned for more about our new services. In the meantime, I would like to wish you and your families a safe and pleasant summer.
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| Developing Data Controls -
Easier Said than Done | |
One of the areas where investment managers face considerable compliance risk and increased SEC focus is marketing, including the accuracy of performance and asset information submitted to third-party databases. Given this fact, how can you ensure that such information is accurate when it leaves your firm? Such challenges are often best approached by asking the five W (and one H) questions: WHY are compliance procedures required? Failures in this area are generally enforced under the "antifraud" provisions in Section 206 of the Investment Advisers Act of 1940 (the "Advisers Act"), which prohibit "fraudulent, deceptive, or manipulative" practices. In addition, any communication that is an "advertisement" is subject to additional antifraud requirements under Rule 206(4)-1 and recordkeeping requirements under Rule 204-2. (See Clover Capital Management, Inc., SEC No-Action Letter (Oct. 28, 1986.) Submissions to third-party databases have been held to fall outside the definition of "advertisement" for purposes of these rules ( See In the Matter of Warwick Capital Management, Inc., and Carl Lawrence, Administrative Proceeding (Feb. 15, 2007).) Notwithstanding, database submissions still fall under the Section 206 general prohibitions, and sanctions have been brought where inaccurate submissions have been accompanied by inadequate controls and/or unsupportive record-keeping. (See In the Matter of Warwick Capital Management, Inc. See also In the Matter of Oxford Capital Management, Inc. and John G. Danz, JR., Administrative Proceeding (June 24, 2003).)
WHAT are some of the key issues in the accuracy of outgoing performance and asset data?
Particular consideration should be given to a number of areas, including:
· Timeliness - Is all of the data being used in advertisements or submissions up to date and consistent with the firm's most currently available data?
· Source Consistency - if data is coming from multiple sources, have these sources been checked for accuracy and consistency, and for consistent use of assumptions and calculation methods?
· Period Consistency - Have portfolios or composites been included and excluded in measurement periods in a manner applied consistently and in accordance with firm requirements and guidelines?
· Asset Consistency - Are firm assets included in asset and performance calculations in a manner applied consistently and in accordance with firm requirements and guidelines?
· Hard-to-Value-Assets - Are valuations being performed by an independent third party? If so, have all valuations been reviewed internally for calculation or input errors? Do "fair value" related assumptions appropriately reflect current market conditions?
· Fees - in the case of advertisements, is performance calculated net of fees? HOW should procedures be developed and implemented to ensure accuracy of outgoing data? The above issues represent a sample of "what can go wrong" in the delivery of outgoing data. A generally recommended approach to risk control is to consider, for each relevant issue, what procedures may be implemented which would minimize the risk of failure. For instance, in order to ensure the timeliness of outgoing data (as described above); a review process should be considered which would check such data against the firm's currently available data. WHO is responsible - who is involved in the calculation and delivery of outgoing data? A recommended best practice is to designate, for each risk area, an individual who is responsible for ensuring compliance with all relevant internal controls. In addition, a record may be maintained of all individuals involved in the calculation and delivery of outgoing data (and their respective roles), in order to facilitate reviews performed internally or by the SEC. This process will also assist in the development of appropriate review procedures. WHERE should firm calculations and practices regarding delivery of performance and asset information be documented? It is recommended that records be maintained which support the calculation of performance and asset information. As long as such calculations can be supported by referencing other firm financial and accounting records, separate records for actual performance and asset calculations are not necessary. Notwithstanding, as mentioned above, such recordkeeping is required for communications defined as "advertising" under the Advisers Act. In addition, all compliance procedures should be documented within the firm compliance manual. WHEN should the above compliance issues be considered, followed by the development and implementation of appropriate compliance measures? ASAP!
There are two ways to develop compliance and data control policies: you need to decide whether you will use a "build" or "buy" approach. Do you want to devote internal resources to the process, or would you prefer to partner with an industry expert? For a free consultation to discuss how we can help, please call 866-922-8733 or email info@asapas.com.
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| What You Need to Know About GIPS | |
 The Global Investment Performance Standards (GIPS®) is a valuable set of ethical guidelines as to how investment managers should provide their performance history to prospective clients. "Full disclosure" and consistency are key attributes of the standards. Institutional asset managers realize that they have become a de facto requirement in order to win new business. Managers who adhere to the standards help assure both prospective and existing investors that performance is complete and fairly presented, and instill confidence in the firm's results presented to them. The GIPS reporting requirements benefit institutions searching for a new investment manager in many ways, including the ability to more accurately compare managers. A key aspect of the standards is "composites," which is the basis for reporting performance results. Composites are groups of accounts that have similar investment strategies and risk characteristics, and are the source of much of the information provided to prospects, including returns, dispersion, and risk. A compliant firm is required to provide its prospective investors with the appropriate composite's track record that aligns with the prospect's needs. Although composites are critically important, compliance is at the "firm" level: thus, all firm strategies, both marketed and non-marketed, must be brought into compliance.  The standards are quite complex and much interpretation is often required. Consequently, compliant firms and firms wishing to comply often rely on consultants and/or verifiers to provide guidance. Although a thorough knowledge of the standards is helpful, to provide greater confidence that the firm is actually compliant, the standards strongly recommend that firms claiming compliance undergo periodic "verifications." A GIPS verification assesses whether the firm has complied with the composite construction requirements, and confirms that their policies and procedures are designed to calculate and present performance consistently with the standards. While verification doesn't determine whether or not a firm is actually compliant, it nevertheless provides the firm, as well as its clients and prospects, added confidence in the manager's claim of compliance. Asset managers benefit from the standards in that they provide a "level playing field" when competing for new business. They provide best practices for calculating and reporting results. Because the standards are global, with more than 30 countries endorsing them, they more easily allow firms to compete for business beyond their borders. There is plenty of evidence to show that compliance enhances a firm's ability to market its investment services. An added benefit is that they help firms become better organized in their performance calculating and reporting. As already noted, the institutional market essentially mandates compliance, but compliance can also be beneficial when competing in other markets, such as retail, private banking, and alternative investments (e.g., private equity, real estate, hedge funds). In the institutional market, non-compliant firms are at a disadvantage: in these other markets, compliant firms are at an advantage.
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| ManagerQuest® Clients' Corner | | |
Client Review Meetings
We welcome the opportunity to meet with you and your colleagues to review your data collection process and controls or simply to review your current ManagerQuest Campaign and marketing objectives.
Database Profile Reviews
Your database profiles are posted in the Database Profiles folder on your ManagerQuest site. Please let us know if we can help you prioritize your reviews or offer some best practice suggestions to distribute specific sections to the contributing departments in your firm. If you would like to add a Review Tracker to your ManagerQuest site, please contact your Client Service Manager.
ManagerQuest® and Beyond
Our flagship services, ManagerQuest ® and HedgeQuest ®, streamline the time-consuming and costly process of providing firm and product information to institutional investment management consultants and third-party databases. We also offer a range of marketing and compliance services for institutional money managers, hedge fund managers, and other financial advisors. For a free consultation, please contact us at 866.922.8733 or at info@asapas.com.
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