Sub-Custodian Risk John M. Cotter Vice President & Global Network Manager March 31, 2010 P Please consider the impact on the environment before printing this document.
Role of the Sub-Custodian • Sub-Custodians: contracted by Global Custodians to provide the following services in local securities markets: • • • Custody services Trade settlement Income processing Corporate event processing Asset servicing
Sub-Custodian Risk vs. Market Risk • What are Sub-Custodian Risks? • The risk of using or not using a sub-custodian in a local market. • What are Market Risks? • The risks faced by investors and interested parties when trading and investing in a local market.
What are Sub-Custodian Risks? • • Operational Risks Credit Risks Legal and Contractual Risks Systems and Communications Risks Physical Infrastructure Risks Regulatory Risks Settlement Risks
Operational Risks • • English language ability Staff levels/experience Management structure (union vs. non-union) Regional service centers vs. local offices Types of clients serviced (custodian vs. broker/dealer) Account structure Holiday differences
Credit Risks • • • Financial soundness and creditworthiness of a local sub-custodian Review of financial statements and credit ratings for sub-custodians Insurance coverage Examples of credit risks: Barings and Fortis Bank Reduce risk through due diligence reviews and contractual obligations
Legal and Contractual Risks • Local laws and regulations • • • Disclosure requirements (UK, India) Investor approval requirements (India, Taiwan) Taxation (Indonesia) Settlement practices (i. e. irrevocable DVP) Foreign exchange controls (Argentina, Venezuela) • Local laws vs. U. S. law • Impact on service level agreements and custody agreements
Systems and Communications Risks • • Sub-custodians disaster recovery plans including testing Off site back up facilities Use of communication standards (i. e. SWIFT) Examples/Issues: SWIFT developments, use of email and internet • Communication outages: India • SWIFT outages: Pakistan • System failure between local custodian and depository: Poland, Germany
Physical Infrastructure Risks • Communication facilities • Computer facilities • Physical security • Information access • Vault • Safety • Back up power
Regulatory Risks • • • Changes in securities/custody laws Changes in investment/foreign exchange laws Changes in taxation Regulatory oversight Audit requirements
Settlement Risks • • • Failure to delivery of securities by counterparty/depository Failure to delivery of cash by counterparty Buy ins (Singapore, Malaysia) Trade fail penalties (Taiwan) Trade matching (system, fax, telephone, none) Settlement Practices (Russia, India, Israel, Taiwan)
What are Market Risks? • • Counterparty Risks Foreign Exchange Risks Depository Risks Regulatory (including Taxation) Risks
Counterparty Risks • Counterparty risks: • Broker/dealer risk on non-delivery of securities or cash • Risk of counterparty bankruptcy (Lehman Brothers) • Settlement practices (Russia, India, Israel, Taiwan)
Foreign Exchange Risks • Risks associated with currency exchange rate volatility • Foreign exchange control risks
Depository Risks • • Rating of depositories (Thomas Murray) Association of Global Custodians Transparency of depository Depository risks • • • Risk of depository bankruptcy Risk of system failure Risk of depository errors or omissions Risk of legal action against securities/accounts Insurance coverage
Regulatory Risks • • Exchange controls Currency redenomination/conversion (Turkey/EURO) Market restrictions Account reporting (Thailand, Malaysia) Change in tax regulations (Turkey, Peru) Account approval process Government restrictions/takeovers (Ireland/Venezuela) Political Risks (South Africa)
Contact Details John M. Cotter Vice President & Global Network Manager john. cotter@unionbank. com (415) 273 -2427
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