Global Custodian Fall 2018 | Page 23

[ C O V E R moke is beginning to appear from the old regulatory acronym generator. MiFID II, AIFMD, PRIIPS, EMIR, GDPR, the list goes on. These G20-led regula- tions have come – or are coming - to fruition thick and fast, as regulators look to live by a new mantra of YOFCO (you only financial crisis once). The legislative changes have been relent- less in the decade following the collapse of Lehman Brothers and the ensuing global financial meltdown, all with the aim of bring protection, transparency and oversight across the capital markets. On the one hand, one could objectively argue the markets are now safer, end-in- vestors are more protected, and new roles and companies have been born out of the extensive changes. As Axa Investment Managers’ head of global regulatory development, Stéphane Janin, says so concisely, “since the last crisis, we didn’t get another crisis” before using the examples of AIFMD and UCITS, and their resiliency to the Euro sovereign debt crisis and the aftermath of the Brexit vote as proof of regulations working the way they should. The other side of the coin shows a different story, mainly for the financial institutions themselves. The cost of complying with new regulations has been nothing short of colos- sal, from the actual money spent on compli- ance to exiting business which has become non-profitable or off-boarding clients to meet balance sheet requirements. But as they say, there’s no point crying over spilt milk. The changes have happened, and most financial players have begrudgingly accepted this reality. But what of the future of regulations? Well, following the introduction of the behemoth regulation in Europe that was MiFID II, along with the far-reaching GDPR and various new reporting requirements, you could argue that we have now entered a phase of regulatory inertia, where some may believe the biggest changes are behind them and forthcoming rules too far ahead to worry about. Subsequently this is a time where perhaps S S T O R Y | R E G U L AT I O N ] business priorities have overtaken regula- tory initiatives, maybe for the first time in a decade. “The implementation of MiFID II, PRIIPs, and BMR marked the end of the ‘Great Re-regulation’ that followed the global finan- cial crisis,” says Sean Tuffy, head of market and regulatory intelligence, EMEA, custody & fund services at Citi. “The number of ma- jor regulatory implementations on the ho- rizon is greatly reduced. This has given the industry some time to absorb the changes.” An element of complacency? Does this mean the industry is complacent? Possibly not. Part of the relaxed approach may be because the second half of 2018 cal- endar shows no major deadlines, while the “Two major things have happened to change the direction of regulations: One is Trump and two is Brexit.” ROBERT MIRSKY, MANAGING PARTNER, LONDON, HEAD OF THE GLOBAL ASSET MANAGEMENT PRACTICE GROUP, EISNERAMPER first part of 2019 is largely the same. In fact, the biggest upcoming regulations are sitting in 2020. This is giving business and senior exec- utives time and resources to focus on new technologies and data quality, which are both emerging as differentiators. An empty calendar is not all that is holding companies back from pouring more mon- ey into prepping their regulatory models, because at the same time there is regulatory uncertainty; not just in the final frameworks of some of the reporting requirements, but due to two major geopolitical events that have occurred in the past two years and which could alter the regulatory landscape. You may be familiar with them – Britain voting to exit the European Union and a new President being sworn into power in the United States. Fall 2018 globalcustodian.com 23