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Abigail Hofman:

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November 2003

NAPF and IMA clash on regulation

by Julie Dalla-Costa




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The debate about soft commissions and bundling arrangements rumbles on in the UK, with fund manager and pension fund bodies at loggerheads over whether the Financial Services Authority should regulate arrangements.

The Investment Management Association says it does not support the FSA's proposed regulation of soft commissions and bundling. The National Association of Pension Funds, however, welcomes regulation.

IMA's stance is unsurprising given that fund managers would be expected to absorb much of the extra costs for research and information services.

Fund managers receive soft commissions, such as Reuters and Bloomberg screens, by directing business to particular brokers. They also get away with passing the cost of research - bundled with transaction costs - through to clients. Chris Angell, fund secretary for the London Regional Transport pension fund, says: "I think the IMA is trying to protect an untenable position. There's a lot of money involved for their members."

NAPF feels that regulation would help build momentum as there has been little change since 1986 when UK brokerages were opened to foreign competition and commission rates were deregulated. David Gould, director of investment at NAPF, says: "Little has happened over the last 17 years so the time has come for a gentle shove."

The FSA, in consultation paper CP176 has proposed a limit on services that can be acquired through soft commissions and a curb on fund managers automatically passing on the cost of services such as research to clients. In particular the FSA proposes a ban on brokers providing fund managers with market pricing and information services, such as screens, in return for their business. This accounts for between 50% to 57% of soft commissions, says the FSA.

The concern with soft commissions and bundling is that pension funds are not able to see exactly what services they are being charged for. Bundled research also means that fund managers receive more than they would if they were paying for it directly and soft commissions create incentives for fund managers to route orders through particular brokers rather than look for best execution.

Although IMA and NAPF disagree on the regulation issue, they share a concern about unintended consequences. One example is the impact unbundling will have on the demand for, and therefore supply of, sell-side research. The IMA believes the decrease in readily available information would impair market efficiency. Richard Saunders, chief executive of IMA, says: "On average they [fund managers] say spreads could increase by 15%." He adds that this "implies increased costs of up to 20bp".

Another concern is that investment firms, especially international ones, might move to jurisdictions where costs are lower. An IMA survey in 2002 found that around "£900 billion of assets are managed in the UK on behalf of overseas institutional clients," says Saunders.

The IMA argues that, in any case, there is little benefit to be gained from banning soft commissions and bundling. Saunders says: "The potential benefit is tiny." He adds that the typical all-in cost of managing money is 129 basis points a year. Out of this 129bp, softing and bundling account for around 3bp. "So we are talking about 2% to 3% of total fund management costs, or one 40th of 1% on fund performance," says Saunders.

The LRT fund's Angell argues that transparency and choice are more important. "I'm happy to pay a higher fee to investment managers for unbundled research so I can see what I'm paying for," he says. "Three basis points is not the point. The non-competitive testing of brokers is probably costing 10 basis points in market impact." That is, the lack of competition for brokers means that fund managers are not necessarily getting the best execution price.

Although the FSA proposes transparency of client costs it does not go as far as to make unbundling a requirement. IMA and NAPF have also attempted to increase the transparency of transaction costs. In a joint effort, the two associations introduced a disclosure code last year, although it did not come into full effect until July this year. In addition, UK investment house Gartmore agreed unbundling arrangements with Merrill Lynch and Goldman Sachs in April.






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