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Regulation and Compliance

Government appoints teams to probe HSBC Swiss accounts

According to local news sources, the Indian government has appointed 12 teams to probe undisclosed offshore accounts allegedly held by almost 700 Indian citizens in the Swiss arm of HSBC.

Sydney financial adviser jailed for A$600,000 fraud

The Australian Securities and Investments Commission has sentenced former financial adviser Alan Leslie Brown to three years’ imprisonment after he pleaded guilty to charges of obtaining money by deception, using a false instrument and dishonest conduct in relation to financial services.

Regulatory review - October 2011

Below is a snapshot of some of the key local and international regulatory and compliance developments in October 2011 relevant to the Asian wealth management industry.

Malaysia strengthens capital markets

To promote the development of Malaysia’s capital market in line with global standards, the Securities Commission has amended the Securities Commission Act 1993 and the Capital Markets and Services Act 2007, which came into force in early October.

India tightens penalties related to commodities trading

The Forward Markets Commission of India has tightened its existing penalty structure for delays in uploading client details for trading commodity futures – as it has found that some members have executed trades on behalf of clients without uploading their Unique Client Code (UCC) details.

Taiwan defines foreign securities and derivatives for brokers to buy

Taiwan’s Securities and Futures Bureau has clearly defined the range of foreign securities and derivatives that brokers can buy, releasing the rankings of the issuers or guarantors for foreign stock exchanges, government bonds and corporate bonds.

China regulates direct RMB settlement business for foreigners

The People’s Bank of China has released a guideline regarding direct foreign investments in renminbi settlement business.

China appoints new financial regulators

China has appointed new leaders for its banking, securities and insurance regulators.

CBRC regulates wealth management sector with new rules

China’s banking regulator has released a new rule to regulate commercial banks’ wealth management business, in relation to risk management and the sales process.

MAS urges private banks to raise competency

To further develop the local wealth management industry, the Monetary Authority of Singapore is urging private banks to raise competency, enhance market conduct and keep the financial sector clean.

MAS to crack down on violations of AML and CFT

The Singapore regulator plans to tighten its regime on anti-money laundering and counter financing of terrorism, to ensure that those people and organisations who jeopardise the financial centre’s hard-earned reputation for integrity face severe consequences.

SFC reviews rules for reporting on short positions

Following a consultation on the Securities and Futures (Short Position Reporting) Rules in May, the Securities and Futures Commission has unveiled the conclusions and has issued a further consultation on the matter.

Financial Stability Board consults on template for global banks

The Financial Stability Board has published a consultation paper seeking views on a set of options and proposals to introduce a new common data template for global systemically-important banks.

Swiss funds body urges reforms to boost industry

The Swiss Funds Association is supporting the primary objectives of the partial revision of the Swiss Federal Act on Collective Investment Schemes, as well as making additional proposals relating to taxation.

IOSCO publishes recommendations on market integrity

The Technical Committee of the International Organization of Securities Commissions has published a report containing recommendations to promote market integrity and efficiency.

UK regulator fines Credit Suisse for systems and control failings

The UK’s Financial Services Authority has fined Credit Suisse the equivalent of around US$9.5 million for systems and controls failings in relation to sales by its private bank of structured capital at risk products.

Financial Stability Board calls for faster OTC derivatives reforms

In its second progress report on implementing over the counter derivatives market reforms, the Financial Stability Board is calling on jurisdictions to aggressively push forward to meet the G20 end-2012 deadline in as many areas as possible.

G20 ministers agree on tax information exchange

The G20 finance ministers have agreed to work on issues relating to obtaining tax information, a move that can help countries get information about money stashed in tax havens.

UK tax authority targets 6,000 more with Swiss accounts

HM Revenue & Customs is writing to over 6,000 more UK individuals, companies, trusts and other bodies holding HSBC accounts in Geneva who it suspects may not have reported all their income and gains to the authorities.

Why the ETF market needs regulatory reform

Nick Good of BlackRock discusses the key regulatory reforms needed in the ETF market to enhance disclosure and transparency in a bid to improve investor understanding and the overall market landscape.

A growing need for automation and front-to-back processes

Mark Jansen of PwC explains the need for private banks to enhance their systems, technology and business processes to respond to regulatory and operational challenges, as well as to drive their strategy.

Mounting operational challenges for private banks in Asia

Mark Jansen of PwC looks at the various and over-lapping operational challenges that private banks are increasingly facing in Asia, especially in relation to the front office, within a volatile and competitive market.

Regulatory review - September 2011

Below is a snapshot of some of the key local and international regulatory and compliance developments in September 2011 relevant to the Asian wealth management industry.

ASIC permanently bans former Citibank manager

Australia’s securities regulator has permanently banned a former Citibank manager from providing financial services advice.

Central bank to require exporters to repatriate offshore earnings

Bank Indonesia and the Finance Ministry are planning to issue new regulations requiring exporters to repatriate funds parked overseas, and also limiting offshore borrowing.

India to launch new disclosure scheme for overseas assets

To retrieve undisclosed assets held in overseas tax havens, the Indian government is working out the details of a voluntary income disclosure scheme, according to local news reports.

Regulator fines Bank SinoPac for illegally sharing client information

Bank SinoPac has been fined NT$2 million (US$65,000) for providing to a subsidiary information about clients who have been registered as unwilling to be the target of co-marketing.

FSC warns investors of investment-linked insurance products

Taiwan’s Financial Supervisory Commission has warned investors of the risks involved in buying investment-oriented insurance products.

Regulator lowers barrier for securities firms to enter wealth management

Taiwan’s Securities and Futures Bureau has announced plans to amend relevant guidelines to reduce the requirements for securities companies which want to enter the wealth management business.

CSRC releases results of inspection of securities investment firms

The China Securities Regulatory Commission has released the results of its 2010 annual inspection of securities investment consulting institutions.



 

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