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Product opportunities in the Asia Pacific region. Examining current developments for product issuers in the region. Harvey Kalman Head of EQT Corporate Fiduciary & Financial Services. Current Global Framework. No 4 in domestic Funds globally
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Product opportunities in the Asia Pacific region Examining current developments for product issuers in the region Harvey Kalman Head of EQT Corporate Fiduciary & Financial Services
Current Global Framework • No 4 in domestic Funds globally • Has domestic unit trusts where majority have internal non independent “Board” and uncapped capitalization required for the Board • Approx. 1.5tn in FUM • Only domestically focused • Outcome – FUM driven by superannuation system but at risk to other players who offer A$ classes in their funds ie Europe - UCITS EUROPE • No 2 in domestic Funds globally • Has domestic unitized companies with an indpt fiduciary (UCIT) and 10m euro capitalization required for the fiduciary • Approx. 5-6tn in FUM • Domestically and internationally focused especially ASIA • Able to do mutli-currency and mutli-fee classes per fund • Outcome – Europe has produced product that certain Asian countries allow direct or indirect investments CHINA • No 1 in domestic Funds globally • Has domestic Mutual Funds, unitized companies with a Board and no capitalization required for the Board • Approx. 10tn in FUM • Domestically focused but with global reach • Recent US Government changes make investments from US citizens into non US funds very difficult ie FATCA and Dodd-Frank • Outcome – US domestic funds for domestic users and will get bigger and bigger and might enter Asia USA • No X in domestic Funds globally, unsure of FUM • Has recently signaled that Chinese domestic investors will be able to invest into Hong Kong domiciled funds, who will need a “Bank” to be Trustee of that fund • FUM unsure? • Domestically focused but … • Outcome – Has a history of watching and seeing and learning and then using “politics” to get a Chinese centric solution. AUSTRALIA
Current Global Framework • No 1 in domestic Funds globally • Has domestic Mutual Funds, unitized companies with a Board and no capitalization required for the Board • Approx. 10tn in FUM • Domestically focused but with global reach • Recent US Government changes make investments from US citizens into non US funds very difficult ie FATCA and Dodd-Frank • Outcome – US domestic funds for domestic users and will get bigger and bigger and might enter Asia CHINA USA • No X in domestic Funds globally, unsure of FUM • Has recently signaled that Chinese domestic investors will be able to invest into Hong Kong domiciled funds, who will need a “Bank” to be Trustee of that fund • FUM unsure? • Domestically focused but … • Outcome – Has a history of watching and seeing and learning and then using “politics” to get a Chinese centric solution. • No 2 in domestic Funds globally • Has domestic unitized companies with an indpt fiduciary (UCIT) and 10m euro capitalization required for the fiduciary • Approx. 5-6tn in FUM • Domestically and internationally focused especially ASIA • Able to do mutli-currency and mutli-fee classes per fund • Outcome – Europe has produced product that certain Asian countries allow direct or indirect investments AUSTRALIA • No 4 in domestic Funds globally • Has domestic unit trusts where majority have internal non independent “Board” and uncapped capitalization required for the Board • Approx. 1.5tn in FUM • Only domestically focused • Outcome – FUM driven by superannuation system but at risk to other players who offer A$ classes in their funds ie Europe - UCITS EUROPE
Opportunities in Asia Issue Concern about outsourcing Tax base, Regulatory control and Jobs to Europe and potentially China or USA, so: • Need a common structure, language and framework and • Need a common Structure like a unitized company structure Possible solutions • One registered Fund with one set of accounts • Multi currency base classes with multi tax returns vs one • Tax returns lodged in multi locations, and • Multi offer documents in those location = the Asian UnitisedCollective Investments Trust or AUCIT
AUCIT Example • An Australian domiciled Fund global equity fund, registered in Australia with Asset managed out of Hong Kong and Sydney • Custodian and Administration of registered AUCIT in Australia with some services outsourced to China • Registries – one in each of the countries using their own currency class • Eg. A$ class registry in OZ with offer doc (principal offer doc) in OZ • $US class or $won class in Korea with wrapper offer doc in Korea leveraging off the principal offer doc and; • $NZ class in NZ again with its own offer doc wrapper • One set of Financial accounts lodged in Australia (where fund registered) • 3 tax returns associated with their own classes in OZ, Korea and NZ • If specific reporting required ie AIIR report in OZ this is done for OZ class only, or FATCA reporting again done per class = AUCIT, and jobs
AUCIT Pathway Pathway – initially • Governments accept the pilot • Local Oz tax laws to change to allow multiple tax returns per classes with a fund • Local ASIC rules re offer documents and capital for REs will need to be changed Pathway - ongoing • New Collective Investment Vehicle (CIV) structures created with corresponding acts in pilot counties • New CIV tax act for CIV • Harmonisation of offer rules and tax requirements across the pilot countries
AUCIT Outcome • Solves the common structure approach • Solves the erosion of the tax vases in the ASEAN countries • Solves the outsourcing of regulatory control as each jurisdiction will get control of its classes of investors and disclosure via the wrapper offer doc • Solves the exporting of jobs to Europe as each jurisdiction gets employment in their country associated with activity and tasks • Gives us a proper funds management operational and regulatory structure. • A Five Tick Outcome But beware: • If we do not do, others will watch, learn and then take over thus crowding us all out.