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UK: FCA thematic review of AML and ABC of Asset Managers

The FCA Thematic Review of anti-money laundering and anti-bribery and corruption systems and controls in asset management companies was published recently. The FCA assessed 22 firms including wealth and asset management firms, fund administrators, and platform firms.

The FCA Thematic Review focused on:

  • AML systems and controls (including account opening, transaction monitoring, and suspicious activity reporting to mitigate money laundering risks)
  • ABC systems and controls (including the use of business introducers, third party payments and gifts/entertainment arrangements).
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Argentina: New Argentine tax reform on capital gains and dividends

A new Argentine tax reform introduces significant changes to the income tax law regarding the taxation of dividends and capital gains in Argentina has come into force.

The foremost modifications announced by the reform include:

Capital gains

Before the reform, foreign parties (non-Argentine residents) were exempt from income tax on gains from the sale of shares, bonds and other securities. This tax reform eliminates this exemption, applying 15% income tax to net gains derived from such transactions.

For foreign beneficiaries, the net gain is assumed to be 90% of the gross sales price. This implies an effective tax rate of 13.5% of the gross sales price (15% x 90% assumed net income). Alternatively, the law gives the possibility of calculating the net income by deducting from the gross sales price the actual costs allowed under Argentine regulations (it is still to be clarified how this is to work in practice).

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Switzerland: Media conference SFAMA – 5 Years after financial crisis

On 23 October 2013 the Swiss Fund & Asset Management Association (“SFAMA”) held an interesting media conference titled: Alternative Investments – 5 Years On From The Financial Crisis.

Introduction

The 2008 financial crisis fundamentally changed the hedge fund and private equity business, or private markets activities for short, confronting the market with new business models, risk premiums, return expectations, investment processes, and discerning client behaviour. Coupled with this, there are additional challenges stemming from the field of regulation.

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Malta: MFSA published its AIFMD guidelines

To update you on the latest developments on the implementation of the Alternative Investment Fund Managers Directive (AIFMD), coming into force with effect from 22nd July 2013, the Malta Financial Services Authority (MFSA) has published self-assessment questionnaires on its website for fund managers and self-managed collective investment schemes.

Depending on the business model, Alternative Investment Fund Managers (AIFM) are requested to determine, by completing the questionnaires, whether it can categorized as 1) an AIFM which activities require it to be re-licensed or opts to be licensed as an AIFM in terms of the AIFMD or 2) an AIFM which does not intend to opt to be licensed as an AIFM in terms of the AIFMD.

Existing license holders have a one year transitional period with effect from 22nd July 2013 so as to register as an AIFM not needing to be re-licensed or to apply for a full AIFM license and satisfy the requirements of the AIFMD.

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