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Regulation And Tax Hamper European Funds Distribution

by Ulrika Lomas, Tax-News.com, Brussels

07 October 2009

A survey from Kneip says that a fully functioning European cross-border distribution market will not be a reality for more than five years. Fund managers say UCITS IV is not a panacea for the industry’s problems.

Disparity in regulation and tax legislation between individual member states of Europe means that it will be more than five years before there is a fully functioning cross-border fund distribution market. These are the main findings of a fund manager survey recently conducted by KNEIP, a service provider to the fund management industry, in the run up to the EFAMA Investment Management Forum in Brussels.

The survey interviewed CEOs of European fund management houses with a combined total of assets under management of EUR1.8 trillion. According to the findings, 83% of respondents think that it will be more than five years before an efficient cross-border fund distribution market can become a reality, with 67% citing disparity in regulation and tax legislation as key obstacles.

In addition, half of the respondents said the lack of distribution partners is a prominent issue in distributing funds abroad. The majority (67%) said the market for European crossborder distribution is currently less than 15% efficient. There is little expectation that the forthcoming implementation of UCITS IV will resolve these issues, with 83% believing that the proposed regulations will tackle the problems only to ‘some extent’.

Bob Kneip, CEO of Kneip, commented: “The European market is far from harmonised. Unfortunately, ongoing national protectionism in tax and regulation has hindered the move towards open architecture and the creation of a fully functioning international distribution market.

“While it is unrealistic to expect to have all answers right away, the discussion about the nuts and bolts of the implementation of UCITS IV is still in its infancy. For instance, facilitating fund registration across the European markets will present a significant reporting challenge. There is still much work to be done around standardisation of information and documentation on a pan-European basis if distributors are to understand what they are selling, and investors what they are buying.”

According to Kneip, the European Commission, the European member states and the European asset management industry should take the following steps towards ensuring a fully functioning cross-border distribution market:

  • The European Commission should implement standardised, more transparent and easy-to-understand reporting across markets
  • Member states should address the higher-level issues of unifying taxation legislation with respect to management company domiciliation
  • Market players should establish centralised information platforms that cater to the end investor and optimise management of cross-border funds
  • Asset managers should streamline their fund ranges and increase efficiency of their operations by focusing on their core business

Bob Kneip concludes: “Now is the time to think about how UCITS IV will work in practice. For truly efficient European fund distribution to work, an even playfield with fixed goal posts in every member state needs to be established. Even if a fully functioning cross-border distribution market is not yet in sight, we believe in both the potential of UCITS IV to streamline the fund industry, and in our ability to rally together as an industry to do the right thing for investors.”

A comprehensive report in our Intelligence Report series giving a country-by-country analysis of offshore investment funds, stock exchanges and trusts, with an analysis of the US QI regime, is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp and a description of the report can be seen at http://www.lowtaxlibrary.com/asp/description_report9.asp

 

 






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