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Regulation and Compliance

Regulatory review - November 2011

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

Why there is still optimism for offshore private banking

Urs Brutsch of Hoffmann & Partners Wealth Management talks about the inevitable changes in the style of offshore private banking, but reveals why there is still so much potential for hubs such as Hong Kong and Singapore to flourish.

Navigating a tougher regulatory landscape

Chris Van Aeken of Morgan Stanley Private Wealth Management discusses the many operational and regulatory hurdles that wealth management institutions now face in Asia.

Preparing private clients for global scrutiny on tax avoidance

William Ahern of Family Capital Conservation discusses the impact of the many – and at times sweeping – post-crisis agreements on cross-border exchanges of tax information relating to wealthy individuals.

Is investor protection in Hong Kong in everyone's best interests?

Nobody doubts that a more robust and effective suitability and disclosure regime in Hong Kong would have helped structured products issuers and distributors avoid many of the problems they have faced over the last two years. But there are aspects of the new regulations designed to address the shortcomings and protect the investing public which might not be in the best interests of the people they are intended to benefit.

Managing the pitfalls of US tax obligations

The UBS and LGT tax scandals since 2008 have opened a door to a significant shift in advice on tax matters generally, especially in relation to US private clients.

Regulatory crackdowns gather pace in Hong Kong

If you take the last few months of enforcement action as an indicator of things to come, financial institutions and practitioners in Hong Kong need to make sure they don’t step out of line.

Facing up to a tougher regulatory burden

Edmund Leow of Baker & McKenzie.Wong & Leow highlights the regulatory challenges for wealth management firms amid the focus on bank secrecy and tax evasion as part of the quest for global transparency.

What the global tax crackdown means in practice

Edmund Leow of Baker & McKenzie.Wong & Leow explains some of the main implications of recent moves towards governments sharing more tax information about wealthy individuals.

How to avoid the spotlight of tax non-disclosure

Marcus Leese of Ogier discusses how private clients and their advisers should respond to the crackdown on tax avoidance by thorough planning and being compliant.

Being ready for tax crackdowns in Asia

Marcus Leese of Ogier explains how financial institutions in Asia can deal with the increasing scrutiny they will face on tax non-compliance of their clients as the focus of regulators’ attention shifts East.

Global trends in tax information exchange

Brendan Harper of Friends Provident International looks at developments in tax transparency and information exchange agreements globally, including what this means for individuals.

Understanding tax issues between Hong Kong and the UK

Brendan Harper of Friends Provident International explains recent developments in tax agreements between Hong Kong and the UK, and looks at the implications for individuals.

Understanding offshore private banking issues

Alex Jagmetti of Falcon Private Bank addresses areas of misunderstanding in relation to offshore banking, and looks at some of the considerations for clients in terms of repatriating funds.

FATCA – understanding the legislation and its impact

Mark Jansen of PricewaterhouseCoopers explains the main details and implications for both financial institutions and customers of the Foreign Account Tax Compliance Act (FATCA) enacted in the US.

FATCA – how you can prepare for implementation

Mark Jansen of PricewaterhouseCoopers looks at the issues for financial institutions – and customers – of the Foreign Account Tax Compliance Act (FATCA), and considers what preparation is necessary now.

FATCA – how to be compliant

Michael Brevetta of PricewaterhouseCoopers looks at the details and requirements of the Foreign Account Tax Compliance Act (FATCA), and also explains the penalties for non-compliance.

Hong Kong's private banks united to address compliance struggle

Private banks in Hong Kong face what to some insiders appear to be significant challenges as a result of the mounting compliance burden across their businesses.

Struggling with the compliance burden in product distribution

Private banks in Hong Kong face resourcing and logistical issues in trying to meet growing suitability requirements and processes.

Why private banks need a united voice in Hong Kong

The private banking industry in Hong Kong is hampered by the lack of communication between institutions in uniting with one voice to enter into proactive dialogue with the regulators.

Questioning Hong Kong as a regional private banking hub

Despite efforts by the authorities to position Hong Kong as a regional financial centre, its competitiveness as a private banking hub is under debate.

Industry poll: fearful of growing regulation

A straw poll of the senior management, compliance and risk chiefs, and product gatekeepers at 20 leading international and local private banks has highlighted key insights about the views of these individuals, as well as their organisation’s preparedness, in relation to the many regulatory and compliance requirements in Hong Kong.

Securities Commission revises outsourcing guidelines

Capital markets intermediaries can now outsource their back-office functions to service providers, according to revised guidelines by the Securities Commission Malaysia.

Constitutional court aims to remove corruption

Following recent allegations of bribery, the Indonesian Constitutional Court has announced new measures to achieve greater transparency and ward-off corruption, according to a report in the Jakarta Globe.

MAS reprimands adviser for violating the Financial Advisers Act

The Monetary Authority of Singapore has reprimanded AAM Advisory and Andrew Gordon McKay for contravening the Financial Advisers Act by providing financial advice without proper licences.

SFC suspends brokerage licences for unauthorised trades

The Securities and Futures Commission suspended three brokerage licences after finding irregularities in the conduct of a client’s discretionary account.

SFC fines dealer for weak controls

The Securities and Futures Commission has issued a reprimand to a locally-licensed securities dealer for a number of internal control deficiencies.

HKMA welcomes offshore RMB measures

The Hong Kong Monetary Authority has welcomed new offshore renminbi (RMB) measures to support the development of Hong Kong as the offshore RMB business centre.

US regulator warns investors of gold scams

With record-high gold prices sparking considerable interest in gold investing, along with aggressive marketing and advertising of gold investments, some of them may be frauds, warned the Financial Industry Regulatory Authority in the US.

UK and Switzerland agree landmark tax deal

Under a long-awaited tax agreement between the UK and Switzerland – expected to enter force in January 2013 – all UK residents with Swiss accounts will need to reveal their holdings to the UK tax authorities, or suffer an annual withholding charge.



 

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