KAS Selections August 2012

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KAS SELECTIONS Volume 19, issue 3, August 2012

Ahold’s CEO Dick Boer KAS BANK ‘Custodian of the Year 2012’ Conference on ‘Liquidity management at pension funds’ Europe on the road to a single payments market Ultimate Forward Rate: solution or pitfall for pension funds? Mijnbroker wants to offer a product that is easy to understand Conference on ‘Reporting in the Insurance World’ Developments in the European financial landscape Words from Wiesbaden FATCA: register and report From feedback to service improvement


KAS Selections KAS Selections is a quarterly newsletter from KAS BANK N.V. Although the information in this issue is drawn up with the utmost precision, no rights can be derived from it. Volume 19, Issue 3, August 2012 Contents: Ahold 3 KAS BANK ‘Custodian of the Year 2012’ 5 Laurens Vision 6 Conference on ‘Liquidity management at pension funds’ 7 Europe on the road to a single payments market 10 New Clients 11 Personnel notes 11 Ultimate Forward Rate: solution or pitfall for pension funds? 12 Global Custody Network News 15 Mijnbroker wants to offer a product that is easy to understand 17 Conference on ‘Reporting in the Insurance World’ 19 Developments in the European financial landscape 23 Words from Wiesbaden 27 FATCA: register and report 29 From feedback to service improvement 31 Comments on this issue, suggestions for future articles and mailing list requests should be addressed to: Netherlands Clearing & Banking Services Associate director: jeroen.duijn@kasbank.com Fund & Insurers Services Associate director: sicco.plesman@kasbank.com

Editorial Seminars and conferences are an excellent opportunity to brush up on the most recent developments in regulations and financial infrastructure. Even if it is a scorcher, as was the case at the seminars on ‘Liquidity management at pension funds’ and ‘Reporting in the insurance world’, organised by KAS BANK. It is inspiring to hear how enthusiastically the different speakers provide insight into what is often complex material. It is also a good opportunity for KAS BANK to test the solutions we devise against the experiences of our clients in practice. At the end of the day, what is important is that we translate your concrete questions and needs into practical solutions. A report on both seminars is included in this edition of KAS Selections. In his recent ‘Hoofdlijnennota’ (Framework Memorandum), Minister Kamp (Social Affairs and Employment) announced a possible revision to how the yield curve for determining the market value of pension funds’ commitments is set. Mark Schilstra discusses the question of whether applying the Ultimate Forward Rate (UFR) is indeed a good solution or rather a pitfall that will lead funds to wrongly overestimate their assets. Contrasted with this complicated issue is the simplicity of the trading system that online broker Mijnbroker uses to serve its clients. Eric de Bats and Koen Kuperus explain how and why client protection and transparency are priorities at Mijnbroker. Effective risk management plays an important role in these priorities and KAS BANK supports Mijnbroker in this area. In this edition of KAS Selections, we also start a series on the businesses behind our

Institutional Services Associate director: tamis.stuker@kasbank.com

institutional clients. Ahold CEO Dick Boer talks about how Ahold deals with the European

Sales & Business Development (S & BD) Head of S & BD: mark.van.weezenbeek@kasbank.com

establishment of a European pension fund for all its employees is also of interest.

German Branch Managing Director: frank.vogel@kasbank.com

The overview of developments in the European financial landscape clearly shows that the

KAS Investment Servicing GmbH CEO & Managing Director: joerg.sittmann@kasbank.com

The introduction of the Single European Payments Area (SEPA) in February 2014 is a

UK Branch Managing Director: laurens.vis@kasbank.com Translation: Wilkens c.s. Text editor: Robbert Veltman Editor: Carla Boogers KAS BANK N.V. Marketing & Commercial Development P.O. Box 24001, 1000 DB  Amsterdam The Netherlands +31 20 557 5812 carla.boogers@kasbank.com Graphic Design: Ebbenhorst Design, De Meern Print: KAS BANK, Document & Systems Services

competition regulations, among other things. Multinational Ahold’s view on the possible

integration of the European capital market continues unabated, despite the euro crisis. good example of this, as is FACTA, a development that KAS BANK is following closely. We also give an update on the results of the Client Service Reviews. One of the points of attention is how KAS BANK invoices clients. Finally, I am proud to announce that KAS BANK has been honoured with the Custodian of the Year Award. Many of you responded to this with personal congratulations. I would like to thank you for your warm wishes on behalf of all our employees. Your responses are an excellent incentive for us to continue to work on improvements to our service provision. Sikko van Katwijk Managing Board of KAS BANK


This edition of KAS Selections includes the first in a series of articles about the businesses behind our clients. Dick Boer, Ahold CEO, talks about the corporate culture and the importance of governance in the group. How would you describe the corporate culture at Ahold? From the moment the first Albert Heijn store opened its doors in Oostzaan 125 years ago, everything we do has been driven by our customers’ needs. Our customers can decide at any moment to do their grocery shopping elsewhere. As a retailer, we must therefore constantly focus on giving our customers value for money and offering them an optimal range of goods and services and a superior shopping experience. That’s our passion, each and every day, and that’s what we teach our people to embrace. Other important elements in our culture are the pursuit of continuous renewal and improvement of our range and the way we keep seeking ways to simplify our business

Dick Boer, Ahold CEO

operations. customers to decide themselves how, when and where they At KAS BANK we are committed to deepening

do their shopping. Customers can order online and then

our relationship with clients. One of the ways

choose whether to have their shopping delivered to their

we do this is to conduct surveys to gauge

home or to come and collect it themselves.

customer satisfaction with the services provided by KAS BANK. What is Ahold’s

The financial and pension sectors are facing

strategic vision with regard to strengthening

increasingly strict regulations. To what extent

ties with your customers?

are the EU rules, for example in the field of

We aim to make our stores the preferred place for our

competition, directly applicable to Ahold?

customers to do their shopping. Our strategy is designed to

Obviously, these rules apply in full to our activities, and our

ensure that we attract customers to our stores and get them

acquisitions (including bol.com and 82 stores in the

to spend longer there by knowing and understanding them

Netherlands earlier this year) have been approved by the

better than anyone else. And by giving them precisely what

competition authorities. Regulations are fine as long as they

they want. In addition, we aim to grow by offering customers

serve a clear purpose and are efficiently applied, with no

alternatives that meet their changing needs and respond to

unnecessary administrative hassle for businesses. The

new technology. Of course the development of our online

benefits of a single European currency and a single internal

business plays an important role in this respect, and the

market still vastly outweigh the possible drawbacks. That’s

acquisition of bol.com provides a significant stimulus to our

something none of us should forget, despite the current

online position. Our activities are designed to enable

difficult economic conditions.

KAS Selections • August 2012

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the right solution for all parties. That increases support for our pension scheme into the future. The establishment of a European pension fund for all Ahold employees in Europe is not on the agenda at the present time. Not only is there still a lack of uniformity regarding fiscal and social rules, but employees around the world have different perceptions of pension as a term of employment. And since we, as a retailer, aim to be firmly rooted in and occupy a central position in society, these local needs are extremely important to us. So we believe that it’s still too soon for a single European pension fund. How is Ahold responding to the economic and financial crisis in Europe? Consumer confidence remains low, and we obviously see that in our stores. Having said that, the present economic climate also offers opportunities as our competitors are also experiencing the same difficulties. In this environment a company like Ahold, with solid and well-positioned brands, a clear strategy and a healthy balance sheet, can continue to grow. How is that translated into the governance in

In your opinion, how will the retail sector look

your company?

five years from now?

Ahold has organised most support functions on a continent-

I expect there to be significant shifts in retail, similar to the

by-continent basis. Within Ahold Europe and Ahold USA, we

introduction of self-service stores in the 1950s. Thanks to

have set up so-called Centers of Excellence that serve

new technology and the development of social media,

several operating companies (including those in the Czech

customers are becoming increasingly powerful. Certain

Republic, Belgium and Germany). This enables us to benefit

stores will disappear from the high street, although this will

from the pooling of knowledge and expertise without losing

be matched by the appearance of myriad new retail

contact with the local market.

concepts, often with a combined online and offline service

and product offering targeting a different way of shopping.

Ahold is a multinational organisation. How do

Our strategy – reshaping retail @ Ahold – is entirely geared

you view the current pension debate in the

towards exploiting these developments so that we can

Netherlands and Europe? Are you considering

continue to grow in a sustainable and profitable manner.

setting up a European pension fund for all Ahold employees in Europe, for example? When dealing with a major issue like pensions, it’s important that everyone is involved in the debate and that we arrive at

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KAS Selections • August 2012


KAS BANK ‘Custodian of the Year 2012’ KAS BANK has been named ‘Custodian of the Year 2012’. The award was given out during the fifth prestigious European Pensions Awards in London on Wednesday 27 June. In the words of Laurens Vis (Managing Director of KAS BANK UK), ‘the award gives us even stronger motivation to further expand our services with innovative solutions for our clients.’ The European Pensions Awards were established by the

Albert Röell strikes the gong

international professional journal European Pensions. Pension funds, asset managers, fiduciary managers and

Laurens Vis (Managing Director of KAS BANK UK) accepted

custodians are nominated in a number of categories. The

the Custodian of the Year 2012 Award on behalf of

awards are given to providers who set the highest

KAS BANK. ‘Winning this award is both an honour and a

professional standards in their field, in order to best serve

privilege for our bank,’ said Laurens Vis. ‘We consider it

pension funds in these challenging times. The criteria include

recognition of our continuous commitment in our service

good service, innovation and complete dedication to the

provision for pension funds, asset managers and their

pension sector.

business partners in the European securities market.’ In addition to

Gong ceremony at Euronext Amsterdam

KAS BANK,

KAS BANK’s receipt of this award prompted NYSE Euronext

J.P. Morgan and

Amsterdam to invite a delegation from KAS BANK as a listed

Northern Trust were

company for the traditional gong ceremony at the opening of

also nominated in the Custodian of the Year category. The

the trading day. Accompanied by several representatives

judging panel was made up of 27 leading professionals from

from KAS BANK’s clients, Chairman of the Managing Board

the European pension sector. When the prize was awarded,

Albert Röell struck the gong on the trading floor in

one of the members of the judging panel, Robert Gardner,

Amsterdam at 9 a.m. sharp.

praised KAS BANK for its customer orientation and innovative capacity.

The gong ceremony was an age-old tradition signalling the start of the trading day at the Amsterdam Stock Exchange, the oldest stock market in the world. The ceremony was restored after the merger between the New York Stock Exchange and Euronext. Since then the sounding of the gong, like the bell ceremony on Wall Street, has grown into a phenomenon that attracts a great deal of attention. The event was broadcast live on ‘stock market station’ RTL-Z. The photos of the striking of the gong were displayed on the screens of the markets in New York and Amsterdam for the whole day.

F.l.t.r.: Miles Jup, Laurens Vis, Robert Gardner

KAS Selections • August 2012

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Summer column

Laurens Vision ‘Summertime, And the Living is easy, Fish are jumping and the cotton is high, Your daddy is rich and your mamma’s good looking, so hush little baby, don’t you cry’. Few people will not know these famous George Gershwin lyrics. Porgy and Bess was situated in the deep old south of the States where day time temperatures easily climb to over 40 degrees Centigrade for weeks in a row. Summertime would have been the busiest time for the slaves with the cotton high and ready to be picked. Summertime today is the time to be enjoying what we have earned and been granted in our industrious lives. Summertime is also known as Daylight saving time (DST), and as such has been hailed to save energy, primarily from its effect on residential lightning. Ancient civilizations already adjusted daily schedules to the sun and much more flexible than we do in our time. Roman water clocks had different scales for different months. The American envoy to France, Benjamin Franklin, published a letter in 1784 suggesting Parisians to economize on candles by rising earlier to use morning sunlight. True to his own proverb: ‘Early to bed, and early to rise, makes a man healthy, wealthy and wise’. But Europe did not keep precise schedules and DST was still a long way off. It took Golf, Railways and a World War to introduce DST to mankind. Golf, because George Hudson (an Entomologist from New Zealand) was an avid golfer who hated to cut his round short at dusk. And who disliked, on his pre-breakfast bike rides through London, seeing its citizens sleeping through a large part of the summer days. His solution to advance the clock during summer months resulted in the First Daylight Savings Bill presented to the House of Commons in 1908. But the Bill did not make it into Law, in spite of fierce lobbying. This soon changed when rail and other means of transport and communication required the standardization of time. And in 1916, Germany and its World War I allies introduced the use of DST, primarily to conserve coal during wartime. Britain and the rest of Europe were soon to follow and finally the United Stated adopted in 1918. And also Gershwin was convinced: ‘So hush little baby, please don’t you cry, there is nothing that can harm you, with daddy and mammy standing by’. Since then the world has enacted, adjusted and repealed. And in our part of the world, the summertime is even caught

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KAS Selections • August 2012

in a genuine European Directive. The communication from the European Commission pursuant to Article 4 of Directive 2000/84/EC on summer time arrangements informs that the Commission is required to publish every 5 years the schedule for the dates on which summer time will begin (in March) and end (in October). At 01.00 Universal Time that is. Also here the EU means business. And so it is happy times for sportsmen and tourists, but pundits (DST: Daylight Slaving Time) and farmers have opposed to it. So there we have it. Every (second) Sunday in March we turn our clocks ahead an hour for a much welcomed extra hour of daylight for which we sacrifice a precious 60 minutes of sleep. And now a study has revealed that because of this the human cost of DST is high. The Monday after is full of workplace injuries (6% more) and with 70% more work days missed because of this. Little surprise then that the switch back to standard time is much easier and we all ‘gain’ a full hour. Summertime features also in the Health Information Bulletin of Bupa. Although this starts on a cheery note that working is positive because it gives one’s life structure and provides satisfaction, it can also give rise to work-related stress. Stress affects one in five people in the workplace, where, according to the acclaimed book ‘The motivation to work’ of Frederick Herzberg, job satisfiers deal with the factors involved in doing the job and job dissatisfiers deal with the factors which define the job situation. One of his stunning conclusions is that salary as a factor belongs more in the group that defines the job situation and is primarily a dissatisfier. For all people there are bigger and more sustaining motivators than money. But this is beside the point of a light hearted summer vision. Because when stress gets the better of you, and over 105 million (UK) working days are lost each year because of work related stress, why not take a walk and get some fresh air during the day (you have one hour extra of it in the summertime). Exercise and daylight are satisfiers: both mentally as well as physically. Indeed, it is summertime, the living is easy and the cotton is high.


Conference on ‘Liquidity management at pension funds’ On 24 May, KAS BANK hosted the conference ‘Liquidity

majority is happy with this intervention and feels that the

management at pension funds’. Five speakers addressed

ECB’s actions are worthwhile.

the topic of liquidity from various angles, ranging from a macro-perspective to liquidity management in practice.

If the markets are no longer willing to finance weak

Everyone agreed that managing liquidity risk is essential in

governments, De Jong sees the introduction of euro bonds

the current market. Pension funds should therefore

as inevitable. Otherwise liquidity will remain scarce and

formulate a clear liquidity policy. It emerged from the

expensive. The latter is not necessarily disadvantageous for

discussions after the conclusion of the conference that

pension funds. After all, they hold sufficient government

this topic is indeed high on the agenda at pension funds

securities that are ‘eligible’ as collateral for CCPs, for

and among their directors.

example. A nice return can be achieved on lending out these securities. In the meantime, De Jong advised pension funds Opening speaker Han de

to set up a clear policy for liquidity management and liquidity

Jong, chief economist at

risk.

ABN AMRO, shed light on liquidity management from

Jean Frijns, extraordinary

a macro-economic

professor of Investment

perspective and the current

Studies at VU University

developments surrounding

Amsterdam, discussed the

the euro. He briefly outlined

regulations for derivatives

three scenarios for dealing

and derivatives clearing in

with liquidity and liquidity

more depth. An important

risk. In the first scenario, it must be possible for all assets to

element in these

be converted into liquid funds as quickly as possible.

regulations, which include

A second scenario involves the conversion of a specific

the Dodd-Frank Act in the

percentage of the assets into liquid funds. As a third

US and EMIR in Europe, is the central clearing of standard

possibility, De Jong cited ‘taking a look around’ to see how

derivatives via a CCP. According to Frijns, the use of these

things were going. In 2007, for instance, it became clear that

CCPs gives rise to a new systemic risk; they could at some

a number of liquid markets had ‘frozen up’, in particular the

point become ‘too big to be saved’. In times of crisis, CCPs

interbank market. Stress tests then indicated that a financial

will tend to demand collateral more often and more quickly.

institution was more likely to collapse due to a lack of

In Frijns’ words: ‘CCPs eat up high-quality collateral.’ This

liquidity than due to low solvency.

makes liquidity scarcer and more expensive. The central banks and the ECB would then have to step in again to

According to De Jong, the essence of the current euro crisis

keep the market running. The multinational CCPs also fall

is the lack of liquidity and the question of whether the

under different national regulators, making rapid and

financial markets are willing to continue to finance weak

effective intervention in the event of a crisis more difficult.

governments. The European Central Bank plays a major role in that process by buying up bonds from weak European

Pension funds should therefore be apprehensive about the

countries. A small survey of the audience indicated that the

consequences of the new regulations for their liquidity policy.

KAS Selections • August 2012

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Custodians can play an important advisory role in this. They

converted into liquid funds. In this approach, the part of the

not only know where the pension funds’ assets are, they are

portfolio that entails the least costs and at the same time fits

also able to deposit these in the right place in a timely

within the liquidity strategy must be liquidated.

manner if a CCP requests it, thus significantly lowering the After the break, Johan van der Ende, senior adviser at Duet

risk of insufficient liquidity.

Asset Manager and former CIO at PGGM, gave a few A question came from the audience as to whether central

examples of more

clearing does not in fact simplify the world. Connecting the

successful and less

CCP to the central bank or even giving it its own bank status

successful liquidity

would in that case be an improvement on the current

management in practice.

situation. According to Frijns, central clearing is indeed an

The essence of his

improvement, but central banks will not be willing to bear the

argument was that liquidity

risks of the CCPs. National interests are still too fragmented

is grossly underestimated

for that, while a CCP in fact works across borders. What is

as a risk. Many financial

therefore absolutely necessary, said Frijns, is complete

institutions do engage in

transparency with regard to the risks at the CCP.

liquidity planning but do not have a liquidity policy. Consequently they are more likely

There are different models for calculating liquidity risk.

to fail as the result of liquidity problems than as the result of

Associate professor at the faculty of Economics and

solvency problems. As an example, he cited an US insurer

Business Administration at VU University Amsterdam,

that found itself facing serious liquidity difficulties as a result

Svetlana Borovkova,

of five telephone calls from its largest clients. The liquidity

discussed a new

policy namely did not take into account that these clients

framework for calculating

could demand their deposits within 10 days if the insurer’s

and managing liquidity risk.

rating were to be downgraded in three steps. A risk that

This model is becoming

according to Van der Ende is also decidedly a real danger

increasingly accepted,

for Dutch industry-wide pension funds!

particularly among institutional investors.

Nonetheless, Van der Ende says that the liquidity risk can be

The model looks at the

managed well and relatively easily. The first step in that

investment portfolio in

process is recognising possible liquidity shocks from the

relation to liquidity risk. Primarily the risks of funding and

different derivatives and private equity portfolios. The events

asset liquidity and their interrelation are looked at.

from 2008 and 2009 provide enough input in this respect.

A significant difference in the valuation of the liquidity risk is,

Step 2 is setting up collateral management. This involves

for instance, whether the investor assumes a mark-to-

designating portfolios that can function as collateral; the

market strategy or a mark-to-liquidation strategy. The most

fund, together with the custodian, then concludes the

important ‘hidden’ variable is the investor’s liquidity policy.

required contracts with the counterparties. The next step is

Her argument was supported by practical example

to hold a ‘fire drill’: which processes are put in motion? What

calculations based on the marginal supply demand curve

actions are taken if the limits of the liquidity position are in

(MSDC). According to Borovkova, it is possible to set up an

view?

optimal exit strategy without the entire portfolio having to be

As a follow-up to that, it is a good idea to review the current

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KAS Selections • August 2012


hedging strategies. Could the hedge ratio be just a little less,

securities can fully be seen as liquidity. As such, KAS BANK

for instance? The fifth and last step is to once again think

integrally manages and optimises all commitments on a daily

about the small print in contracts. According to Van der

basis. It is important in this respect that the internal

Ende, there is a real danger that what happened to the US

governance function (risk, reporting, monitoring) is properly

insurer mentioned above could also happen to industry-wide

arranged. This is true for pension funds as well. There must

pension funds. If an adequate Z-score is not achieved, the

also be a plan B at hand. For reporting, KAS BANK uses the

various employers may cancel their contracts. Poor relative

level I-III structure of FAS 157 reporting, which is also

performance or benchmarks that are not adequately

suitable for pension funds.

connected to the underlying portfolios can suffice as reasons for this. This problem is mainly an issue for types of private

The day’s chairman,

equity investments.

Sikko van Katwijk, concluded the The last speaker,

afternoon with a brief

Rolf Kooijman (CFO

summary. His call for

KAS BANK) explained

the discussion to be

what changes have

continued while

been made in liquidity

enjoying a cool drink

management at

did not go unheeded.

KAS BANK. In terms

The tropical

of control measures,

temperatures certainly

liquidity risk is now the

encouraged this.

most important point of concern. An

On the occasion of the conference, a collection of articles

important lesson from

was put together from Con Keating (‘The long and short of

the 2008 credit crisis was the necessity of an integrated

liquidity’) and Mark Schilstra, Geert Jan Kremer and Coen

approach to liquidity. The integration of documents (ISIN

Laan on behalf of KAS BANK. You can request this reader

codes) such as government bonds and cash is required in

from your account manager.

order to be ‘in control’. A consequence of this is that

KAS Selections • August 2012

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Europe on the road to a single payments market KAS BANK is undertaking intensive preparations for the

Changes to payment transactions

introduction of the Single Euro Payments Area (SEPA).

Businesses are required to inform their clients about their

This single European payment market will allow

new International Banking Account Number (IBAN) which will

businesses and consumers in 32 countries to all pay in

be required for all payment transactions in future. Invoices,

Euros in the same way as of 1 February 2014.

stationery and other correspondence that contain these data must be updated for this. In the Netherlands, the IBAN has

The single payment market will require quite a few changes,

18 characters, in other countries this ranges from 15 to

in particular with regard to account numbers, payment

maximum 34 characters. Until 1 February 2014, the current

instruments and the processing of those payment

and new payment systems will exist alongside each other:

instruments. In order to advise our clients about this as well

one for the account numbers currently in use and one for

as possible, we have prepared a list of Frequently Asked

IBAN. Until that time, businesses and consumers will be able

Questions on SEPA. The FAQ is available via our corporate

to use either their present account number or their IBAN.

website, www.kasbank.com, and can be viewed by all visitors to the site, not just by clients of KAS BANK.

With the new standard for transfers, SCT (SEPA Credit Transfer), payments can be made uniformly to parties in the

What is the purpose of SEPA?

Netherlands and to parties in the other SEPA countries. This

The new standards put an end to the differences between

standard has existed since 2008.

payment systems, which means euro payments will take place in the same way everywhere. It will be possible to use

Just as for transfers, there will also be new standards for

account numbers, transfers and collections for domestic

collections, the SDD (SEPA Direct Debit). These provide

and cross-border payments throughout SEPA.

room for the IBAN. This means that it is possible to authorise a supplier abroad to debit funds or to issue international

The Single Euro Payments Area encompasses all

debit authorisations oneself. The new standard for collection

27Â countries of the European Union, plus Norway, Iceland

has existed since 2010 in addition to the current collection

and Liechtenstein (which are members of the European

standard, but is still only used on a very limited scale.

Economic Area), and Switzerland and Monaco. Therefore, SEPA also includes countries that do not have the euro as

There are two types of collections: standard collection and

currency. The new technical standards and products only

commercial collection. Commercial collection is the new

apply for payments in Euros, however, and not for payments

version of what is now business collection. Companies can

in other currencies.

use this to issue and receive authorisations from Dutch and

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KAS Selections • August 2012


New Clients Netherlands JB Capital Markets S.V. Clearing Services Fincor Sociedade Corretora S.A. Clearing en Custody Services LMG European companies. The major difference is that there is

Clean Payments Services

no transaction reversal right (the current business collection has a period of five working days), meaning that new

Germany

authorisations are needed for the commercial collection. VEM Aktienbank AG Migration

Settlement Services

The migration to SEPA will take place on 1 February 2014. This end date set down in European legislation provides

United Kingdom

clarity for all providers and users of the payment system. An end date also keeps the transitional period, in which the

Peel Hunt

two systems must be used alongside each other, as short

UK Stock lending

as possible. Consumers and businesses have time to get used to using the IBAN as their account number, and

First International Group

businesses have time to adapt their administrations, systems

Model A settlement and Custody

and software to the new standards. The migration in the Netherlands will be guided by the National Forum on SEPA migration (NFS). The Forum has set up a National SEPA Migration Plan. The NFS is chaired

Personnel notes

by De Nederlandsche Bank (DNB). Sales & Business development The Betaalvereniging (Payment Association) will provide

1 August: Anja Maiberger, Head of Sales Institutional

technical documentation and specific guidelines for the

Custody and Depotbank Services Germany

various payment instruments. These documents can be found at www.betaalvereniging.nl.

Client management 1 August: Meir Elmaliah, account manager Fund &

We will continue to inform you regularly of the progress in

Insurers Services

introducing SEPA at KAS BANK, as well as of the

1 August:

opportunity to participate in test procedures.

15 August: Loes Tiemes, account manager Clearing &

Sandra Kรถnisser, relationship manager UK Banking Services

1 September: Ruud Geerdinck, account manager Institutional Services

KAS Selections โ ข August 2012

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Ultimate Forward Rate: solution or pitfall for pension funds? On 30 May of this year, Minister Kamp presented his ‘Hoofdlijnennota’ (Framework Memorandum) on revising the financial assessment framework for pensions. In the memo, the expected Ultimate Forward Rate (UFR) was cited as a change to how the yield curve is set for determining the market value of pension funds’ commitments. Although the definitive parameters of the Ultimate Forward Rate were not yet given in the Framework Memorandum, an indication of the impact on the funding level can still be determined. This ranges from 2 to 15 percentage points. The precise number depends on the UFR parameters and whether the pension fund is young or old. Mark Schilstra, Director of Client Management, discusses whether using the Ultimate Forward Rate represents a solution for pension funds or a new pitfall by which we will wrongly overestimate our assets. Mark Schilstra, Director Client Management The Ultimate Forward Rate Under the current Financial Assessment Framework

commitments must be valued at current market interest

(Financieel Toetsingskader, FTK), unconditional nominal

rates. Since pension commitments are generally long-term

pension commitments are the key factor. These

commitments, the valuation is extremely sensitive to the

Figure 1 Swapcurve vs UFR 4 3,5 3 2,5 2 1,5 1 0,5 0

0

10

20

30

40

Terms in years Swapcurve

12

UFR

KAS Selections • August 2012

50

60

70


long-term interest rate. Given the limited liquidity in the long

The effect of this will manifest more strongly for pension

segment of both government bonds and interest rate swaps,

funds with a young participant population, since the

determining the ‘right’ curve for this segment of the market

commitments of these funds lie further in the future. The

is no easy task.

table below gives an indication of the consequences for a young fund, an average fund and an old fund.

In the Solvency II proposals for insurers, it was decided to value insurers’ commitments at the so-called Ultimate

Figure 2

Forward Rate. The first part of the UFR curve, from today until the Last Liquid Point (LLP, set at 20 years for the time

Young fund

Average fund

Old fund

26.5 years

18 years

12.5 years

Notional interest rate based on swap curve

1.88%

1.85%

1.80%

Notional interest rate based on UFR

2.43%

2.19%

2.00%

Effecton funding level

+13.4 points

+6 points

+2.5 points

being), is based on the swap interest rates and matches the swap curve exactly. From the Last Liquid Point onwards, the 1-year forward rate is projected over 40 years via an algorithm to a long-term average expected to be 4.2%.

Focal point pension benefit in

This uses a parameter ɑ that reflects the convergence rate between the LLP and the long-term average UFR. What applies here is that if the convergence to the UFR is slow, all interest rates after 20 years depend on the 20-year interest rate. (For the difference between the swap curve and the UFR, see figure 1.)

Although a number of details still have to be worked out, there is a chance that pension funds will be able to value their commitments as of the end of 2012 at this UFR

Doubts can be raised however about the way in which the 4.2% of Solvency II has been determined. The interest rate has been determined over the period from 1900 to 2009, whereby each year has been given equal weight, thus yielding expected inflation of 2% with an expected real

In the Framework Memorandum from Minister Kamp, it is

interest rate of 2.2%. If the last few years are included (and

argued that the UFR method should also be applied for

possibly assigned even a heavier weight than earlier years),

pension funds. If DNB agrees to this, given the low current

the outcome is a much lower interest rate and consequently

level of the long-term swap interest rate, this would result in

higher valuation of commitments.

a substantial increase in the funding levels of (in particular, young) pension funds. The introduction of the UFR method

As a result of the rising funding level, there is also a risk that

would also decrease the volatility of the funding levels.

pension funds will take into account returns for which there is uncertainty that these will in fact be achieved in future,

Consequences of introducing the UFR

thus overestimating their assets. Because of the extra

Consequences for the funding level

payments stemming from the rising funding level, pension

It is clear that implementing the UFR method will result in a

funds may not be able to cover the future payments to the

(substantial) increase in the funding level for a large share of

current generation of younger people.

the pension funds. This results from partly abandoning the valuation of the commitments at market value. After all,

Stabilising effect

long-term commitments will no longer be valued at the curve

A stable long-term interest rate results in a decrease in

(however illiquid) but at a presumed long-term average.

the volatility of the funding level of pension funds for

KAS Selections • August 2012

13


In the current situation, if interest rates fall, pension funds will hedge more interest-rate risk, causing the long-term interest rate to decrease further

interest rates up to the LLP; after this point the pension commitments will become less sensitive to the interest rate and the quantity of interest coverage can be reduced. After all, as a result of the higher UFR and the ensuing decreasing duration of the commitments, the interest-hedge percentage will increase because the interest sensitivity on the asset side will not change.

(in particular) long-term commitments. A stable long-term interest rate could also result in less pro-cyclical behaviour

The interest hedge on the swap curve will also change, in

among pension funds. In the current situation, if interest

particular for pension funds that have spread the interest

rates fall, pension funds will hedge more interest-rate risk,

hedge over the swap curve under the current FTK. If the

causing the long-term interest rate to decrease further. This

pension fund wants to continue the same interest policy

will give rise to a ‘self-fulfilling prophecy’. In the event of

under the UFR method as under the current regulation,

interest rates above 4.2%, the UFR will ensure that pension

this means that the interest hedge must be decreased.

funds do not overestimate their assets by reducing the fluctuation in the interest rate level.

Consequences for the market If the new UFR method is introduced, most pension funds

Consequences for hedge effectiveness

will adjust their interest hedge to have their duration match

Use of the alternative discount curve will result in a lower

back in order. As such, a (substantial) part of the hedge

value for the liabilities and also in a liability duration that may

longer than 20 years (the LLP) will be unwound. This could

be significantly shorter at times. This has consequences for

result in a rise in the swap curve in the long segment, with

the hedge effectiveness. After all, the original hedge was set

possible losses for pension funds that have not unwound

up on the basis of the swap curve. There is no difference for

their exposure on the curve after 20 years on time. In conclusion In the Framework Memorandum on Revising the FTK, the UFR is cited as a possible way to set the interest curve for determining the market value of the commitments. The chosen value of 4.2% signals the return of something resembling the well-known 4% notional interest rate used until recently by DNB, as far as the longer terms are concerned. Although a number of details still have to be worked out, there is a chance that pension funds will be able to value their commitments as of the end of 2012 at this UFR. In anticipation of this, KAS BANK has already built the 3-month average and the UFR calculations into its systems. We would be happy to discuss with you the possible consequences of implementing these techniques for your pension fund.

14

KAS Selections • August 2012


Global Custody Network News Europe Europe – ECB discontinues CCBM2 project

establishment of additional clearing services for the cash

The Governing Council of

markets operated by PSE.

the European Central

The timeline for the Xetra project remains unchanged; the

Bank has decided to

launch of Xetra on PSE is scheduled for 30 November 2012.

discontinue the preparations for the

Russia – Delay T+n settlement cycle expected

Collateral Central Bank

MICEX-RTS is expected to delay

Management (CCBM2)

the introduction of the new

project in its current form. The project’s objective is to

settlement cycle until mid-2013.

increase the efficiency of the Eurosystem’s internal collateral

MICEX-RTS plans to move the

management systems. A harmonised solution should

settlement cycle from the current

facilitate the interaction of counterparties acting as collateral

T+0 settlement period to either a

providers with the Eurosystem. The CCBM2 will be fully

T+2, T+3 or T+4 settlement

compatible with TARGET2 and TARGET2-Securities (T2S),

cycle. Settlement reforms are

in particular with the communication interfaces and the

part of the strategy to make the

settlement procedures used by T2S for the delivery of

Russian exchange more accessible to foreign investors.

securities. It will handle all eligible collateral (both securities and non-marketable debt instruments).

Outside Europe

In the project detailing phase, a number of challenges were identified in the field of harmonisation. The Eurosystem has

ASEAN Markets – Trading link delayed

decided to address these issues first, before proceeding

The ASEAN (Association of Southeast Asian Nations) trading

with a common technical platform. The existing

link is taking longer than expected. Brokers from the

Correspondent Central Banking Model (CCBM) for cross-

Singapore, Malaysia and Thailand stock exchanges may

border collateral management remains in place.

begin to place orders across the platform in September 2012. The other exchanges (Hochiminh Stock Exchange,

Czech Republic – CCP implementation delayed by PSE

Hanoi Stock Exchange, Indonesia Stock Exchange and the

Prague Stock

Philippine Stock Exchange) will be connected in a later

Exchange (PSE)

stage. The ASEAN trading link will eliminate the cross-border

has announced

trading barriers in that region.

that implemen­ tation of the CCP

Brazil – New procedure for self-trades

solution has been

Self-trades, trades with the

delayed until

same counterparty on both

mid-2013. In

sides, will no longer be

February 2012 PSE announced the planned cooperation

automatically cancelled in

with CCP.A. The cooperation will enable the option to clear

Brazil; these trades will be

and settle PSE trades via CCP.A and will lead to the

subject to exchange fees.

KAS Selections • August 2012

15


Self-trades will be monitored by the Brazilian Securities and

Currently there are only six pension funds worldwide that

Exchange Commission (CVM) and by the Bm&FBOVESPA

have received a QFII licence. Pension funds with a QFII

Market Supervision (BSM). The new procedure is in effect

licence can benefit from prioritised application review and

starting 1 August 2012.

bigger quota amounts.

Canada – Maple receives approval for takeover of TMX

Japan – Increase in withholding tax from 2013

Maple Group has

Effective from

received regulatory

1 January 2013

approval for its

the Japanese

proposed

withholding tax

acquisition and

(WHT) on dividend

merger of TMX

and interest will be

Group, Alpha

increased

Trading Systems

temporarily. The

Inc. and Alpha Trading Limited Partnership (collectively,

national dividend tax for dividends paid out to foreign

‘Alpha’) and The Canadian Depository for Securities Limited

investors will increase by 2.1% to 7.147%. The national tax

(the Canadian CSD). The approval permits Maple to operate

on interest paid out to foreign investors will increase by 2.1%

a combined exchange and clearing group. Maple expects to

to 15.315%. The WHT rates will be increased for 25 years

complete the proposed acquisition on 1 August 2012.

starting from 1 January 2013. Increased WHT rates will be applied on payment date basis.

China – CSRC published relaxed QFII entry requirements

Tax benefits under double taxation treaties with Japan and

The China

J-BIEM (tax exemption scheme for Japanese fixed income

Securities

instruments) will not be affected.

Regulatory Commission

South Korea – New tax law requires foreign investors to

(CSRC) has

submit tax forms

published the

Under the new tax

amended entry

law, a foreign

rules for Qualified

investor wishing to

Foreign Institutional Investors (QFII). As a result it will

enjoy a reduced

become easier for foreign institutional investors to enter the

tax rate in

Chinese A-shares market.

accordance with a

Under the modified requirements, a Pension Fund can

Double Tax Treaty

qualify as QFII if it has: i) a track record and operational

has to submit the

experience of at least 2 years, and ii) at least USD 500

required forms. This requirement applies as of 1 July 2012.

million in assets under management in the most recent

We notified you of this requirement with our Service Update

financial year.

dated 10 April 2012.

16

KAS Selections • August 2012


We believe that client protection and transparency are very important

Mijnbroker wants to offer a product that is easy to understand Launched last year, Mijnbroker is the Netherlands’ third

they may later look at what else their broker has to offer.

Internet broker. The company uses a trading system

That is why we work exclusively on commission, rather than

developed in-house for stock market investments in

with a rebate system.

shares, options, futures and other instruments. Mijnbroker has chosen KAS BANK to handle the transactions.

Kuperus: KAS BANK took a very active role in helping us set

KAS Selections spoke with Eric de Bats, Managing

up the system, particularly with regard to risk management.

Director, and Koen Kuperus, Manager of Mijnbroker.

Are all trades going through the system properly? Are all transactions settled on time? Is the margin calculation set up

When did Mijnbroker start?

properly? This shows our clients that everything is perfectly

De Bats: Our first clients became active on our system in

in order; it is a kind of stamp of approval.

February 2011, after a year of preparation and testing. We talked with a number of parties during the preparations,

You started Mijnbroker in the midst of a

including a US party with an existing system. If we had gone

financial crisis. Did this have any noticeable

with them, our clients would have fallen under the US

effect?

guarantee scheme, but that wasn’t what we wanted. We

De Bats: That’s difficult to say, because you don’t know

believe that client protection and transparency are very

what the level of interest would have been had there been

important, and that’s why we have opted for a construction

no crisis. You can look at it another way, though: it attests to

in which KAS BANK administers all accounts. This means

faith in your product in a market that is going downhill. There

that all our clients fall under the Dutch deposit guarantee

is also a great deal of interest right now in personal investing

scheme, something that inspires confidence. Clients also

via the Internet. We noticed this, for example, during RTL Z’s

actively inquire about KAS BANK: who are they, what do

(Dutch Broadcasting Society) Investment Game, in which

they do, etc. Clearly, they also believe it is important that KAS BANK does not deal on its own account, and that it fully concentrates on administrative service provision and risk management. De Bats: The starting point for Mijnbroker was to create a simple product for a wide audience. Everyone must be able to work with it, either using their own PC, tablet or any other Internet tool. That is also why we wanted to own the system ourselves. This allows us to be more flexible and to implement changes quickly, such as direct trading in derivative products via Mijn-X. Simplicity and transparency are also consistent with our business model. Market research has shown that clients in this segment of the market look at costs first. Cost is the criterion they use to choose a provider. And if they are happy with the provider,

Eric de Bats, Managing Director, Mijnbroker

KAS Selections • August 2012

17


Everyone must be able to work with it, either using their own PC, tablet or any other Internet tool

web application is that you can login anywhere. The PC version enables the client to customise the screen layout to some extent. Other than that, the client only sees his portfolio and remaining spending limit. All he has to do is trade. All the underlying actions are the responsibility of KAS BANK. All the positions are reconciled overnight and the client starts each morning with a clean slate. Since everything is done digitally, the costs stay low and we have Koen Kuperus, Manager of Mijnbroker

hardly any overhead.

9,000 people participated last year. During the game, we

Your system now offers access to NYSE

explained our products and how our system works. All the

Euronext in Amsterdam, Brussels and Paris.

‘investments’ went via our system as well, and it was able to

Do you plan to expand the system with access

handle them easily. This gave us confidence that our

to other markets?

capacity, both of the system and of our staff, is more than

De Bats: We would like to expand to the US. Our clients are

adequate.

not technically bound by the operating hours of the markets in Europe; after all, they do the trading themselves, at

Kuperus: Our clients are active investors who aren’t so quick

midnight, if necessary. But we are constantly working to

to be put out of the game, in my view. More than half of our

change things. For instance, for some products we would

clients invest in derivatives, for instance. A typical client is a

like to stay open longer, from eight in the morning until half

man between the ages of 40 and 75 who has retired or has

past six in the evening. We are also looking into whether we

enough money and enough time to sit in front of the PC and

can start offering additional functionalities within the existing

trade in real time. However, we’re actively seeking a younger

markets. We will be starting webinars soon, as a supplement

audience. To that end, we organise seminars for students

to our seminars. We see it as part of our job to educate

that include guest speakers and an explanation of our

investors. But we also provide good, old-fashioned tours of

system, in cooperation with Intereffekt, for instance. Soon

the stock market. Perhaps it might be an idea to do that with

we will be active on Facebook. And we are developing an

KAS BANK as well. Your building is rich in history and our

app with the same functionalities as the web browser.

clients would like to get a closer look at that. However modern our clients may be, the fact that the institute

What is the intake process for new clients?

standing behind the operation has been active in the

Kuperus: It’s actually quite simple. The client opens a new

securities industry for more than two hundred years still

account at KAS BANK. You carry out all the necessary

inspires confidence in them.

procedures, including derived identification. All the paperwork has been reduced to four pages. As soon as a client has made an initial deposit into his account, his account is activated at Mijnbroker and he can start trading. To do so, he can either use a web application or download the system onto his own computer. The advantage of the

18

KAS Selections • August 2012


Conference on ‘Reporting in the Insurance World’ On Wednesday, 4 July, KAS BANK organised a

communication policy have not been adapted or have been

conference on Solvency II entitled ‘Reporting in the

adapted inadequately in line with the requirements of

Insurance World’. The presentations by the four speakers

Solvency II.

provided good insight into the impact of Solvency II on

An important starting point in DNB’s supervision is that the

DNB’s supervision and the practical consequences for

risk of a financial institution’s collapse must be limited and

insurers. During the break, there was an opportunity to

financial stability must not be jeopardised. In order to ensure

view a demo of KAS BANK’s Solvency II app. The app

that supervision is effective, a decision was made for

shows the Minimal Capital Requirement (MCR), the

risk-based supervision, extra attention for the conduct and

Solvency Capital Requirement (SCR), the NAV and the

culture of institutions, and proportional supervisory regimes,

performance per investment fund. During the concluding

among other things. All insurers have been assigned to one

panel discussion, responses were given to six statements

of four supervisory regimes. In its supervision, DNB devotes

concerning Solvency II.

extra attention to insurers’ profitability and business model and the quality and effectiveness of governance. Supervision

After a welcome from the day’s chairman Sikko van Katwijk,

also has its limits, however. The regulators cannot and do

Jeroen Klomp Bueters, programme manager for Solvency II

not want to banish risks altogether. After all, a regulator is not a director. Mathieu Filippo, senior manager for prudential supervision at insurer Achmea, wondered to what extent Solvency II is

at De Nederlandsche Bank, discussed DNB’s risk-based supervision under Solvency II. Before that, however, he briefly discussed the successful Own Risk and Solvency Assessment (ORSA) for insurers in 2011. ORSA has clear added value for insurers but implementation costs a

ready for the real world. In that context, he discussed the

significant amount in terms of time and capacity. The

certainties and uncertainties in the elaboration of the three

learning points are included in the voluntary practice session

Pillars of Solvency II.

for insurers in 2012.

In relation to the quantitative calculations (Pillar 1), for

A progress analysis from DNB indicates that a relatively large

example, the discount rate is still unclear, as is the precise

group of insurers still has a great deal of work to do,

impact of the new rules and requirements. For the qualitative

particularly when it comes to setting down the policy rules

requirements (Pillar 2), there is now clarity on the

and reporting procedures concerning the key functions. In

governance, the risk management system, the key

many cases the communication strategy and

functions, ORSA and the Prudent Person Principle. The

KAS Selections • August 2012

19


interpretation and guidelines of the European Insurance and

indicated among other things that the process can best be

Occupational Pensions Authority (EIOPA) are still uncertain

started with the assets. To simply start on the process and

however, as is the case for Pillar 1. As far as the ‘disclosure’

take small concrete steps was also one of the lessons

requirements are concerned (Pillar 3), there is still uncertainty

learned. Krom said that the Parallel Run also provided

about the timelines and the question of whether reporting

important input for the further development of Solvency II’s

must be ‘asset by asset’. However, the structure and

reporting requirement. ‘Good reports are a joint effort.’

frequency of the reports are now clear. According to Filippo, the puzzle pieces for the

The last speaker, Rolf Kooijman, CFO and member of the

implementation of Solvency II are slowly but surely falling into place. However, it is still just a matter of waiting for the precise details of all the parts of Solvency II. Peter Krom, Manager of Asset Management & Treasury at insurer VGZ, outlined the practical preparations at VGZ in

Managing Board at KAS BANK, wondered whether everyone was still able to follow the strategic information supply. In order not to lose sight of the forest for the trees, a clear vision is required at the outset. In translating the information into action, specific and measurable goals are a necessity, both for medium and for longer terms. In practice, anticipation of Solvency II. VGZ wants to experience what

the information supply focuses on three ‘target groups’:

Solvency is and means for its own organisation immediately

actuarial and risk, finance, and asset managers. The three

as of 1 January 2013. Since the preparations are complex, it

target groups have conflicting objectives and responsibilities,

was decided to use ‘time boxing’ to allocate boxes of three

however. For example, what are the performance variables

months each time. The approach is being determined for the

and who exactly is ultimately responsible for the goals set?

effects of Solvency II on the current situation. For the assets,

Is everyone in the organisation speaking the same language

for example, changes must be made in the source systems,

when it comes to accounting principles?

while with regard to the balance sheet, changes are needed

As ‘food for thought’, Kooijman stated that the largest

in the reporting process. Krom also discussed in more depth

common denominator among the three target groups could

all the activities surrounding the 2012 Parallel Run that must

be sought in terms of market value and cash flows. This

be delivered to DNB at the end of August.

requires, among other things, a clear set of definitions of

During the entire process, VGZ defined its top 3 risks

objectives, which in turn results in an unequivocal and

requiring extra attention. One of the risks is the availability of

logically constructed information flow for reporting to the

the right ‘tools’ for the technical requirements and the

regulator, consumer and other stakeholders. Preconditions

reporting. VGZ is supported in this by KAS BANK.

in this include the transparency and independence of the

Krom concluded his talk with the learning points at VGZ. He

information. The data and information flows must also be

20

KAS Selections • August 2012


F.l.t.r.: Mark Schilstra (Director Client Management KAS BANK), Mathieu Filippo (Senior Manager Prudential Supervision Achmea), Peter Krom (Vermogensbeheer & Treasury VGZ) and Edgar Kooter (Sales Director Institutional Services KAS BANK)

unequivocally arranged and above all, controlled. Finally, it is

presentation, 20% of insurers are still not prepared for

important that the knowledge and skill in the organisation

Solvency II, though they only represent a small share of the

goes further than its own responsibility for the

total turnover on the insurance market.

implementation of Solvency II.

Peter Krom stressed once again that it is important to ‘just go ahead’; start and learn along the way from any mistakes.

Panel discussion The concluding panel discussion with Mathieu Filippo, Peter

Statement 2: As a result of Solvency II, the logical

Krom and Mark Schilstra (Director Client Management at

information basis becomes a market value basis based

KAS BANK) was chaired by Edgar Kooter, Sales Director of

on cash flows.

Institutional Services at KAS BANK. For every statement, Kooter first asked for a response from one of the panel members. After that, the audience was invited to comment as well. Statement 1: Because of the weak capital position of

insurers in the countries neighbouring us, it is unrealistic to aim for a meaningful introduction of Solvency II by 1 January 2014.

Peter Krom endorsed the statement but wondered how exactly market value is defined in that case. That is why institutions must also always check themselves whether the value given by the market is indeed the right value. The way in which cash flows are discounted must also be carefully considered. Does steering take place on the basis of GAAP or Solvency II? Moreover, several parties must be reported to, each of whom can adhere to a different market value basis.

In his response, Filippo stated that failing to change over to

Mark Schilstra then wondered to what extent the economic

Solvency II is a bigger problem since Solvency I turned out

and financial crisis has an impact on the discussion of the

to be inadequate for today’s complex problems. The

valuation principles for Solvency II. Now that cash is ‘king’,

implementation problems are mainly an issue in Germany.

cash flows are the focus, but that could change in future.

The Netherlands, on the other hand, has been ‘best in

Filippo then noted that market value basis and cash flow are

class’. Nonetheless, as had already emerged from DNB’s

not the only performance indicators. Analysts will also look

KAS Selections • August 2012

21


at things like return on equity when valuing companies. That

Filippo agreed with Krom that the ‘real story’ often could not

is precisely why it is important for insurers to clearly explain

or not easily be found in the financial statements. The many

to all stakeholders what the concept economic value entails

requirements stipulated by regulators do not make it any

and means.

easier to explain in simple language what is going on. Two types of financial statements are therefore more likely to

Statement 3 The use of the Ultimate Forward Rate

cause confusion rather than clarity.

(UFR) to value commitments is an accountancy trick that will only work out negatively for insurers (and pension

Statement 5: Objectives for performance, reporting

funds) on balance.

and risks will be based on market value.

Mark Schilstra was surprised at the fact that it will be

In Filippo’s opinion, this is undesirable for the insurers’

possible in future to value the left and right side of the

environment. After all, analysts mainly look at the profit and

balance sheet against different curves. If the right side may

outlook and do not find an ‘implausible’ story desirable. In

be valued at a UFR of 4.2%, as is the case for pension

that respect, there is still a long way to go.

funds, the future immediately looks a bit brighter. Filippo then determined that insurers are free to use the same or

Statement 6: Despite the choices that we can still

different curves for the left and right side when valuing their

make, it is still the case that there is 1 SCR.

assets and commitments. He compared the search for the right extrapolation technique with the search for the Holy Grail. Filippo did feel it was wise to make the investment decisions dependent on the UFR. Every insurer must itself make a considered decision, for example with regard to the Last Liquid Point and calculating the present value of cash flows after 20 years. After all, valuation on the basis of UFR could also turn out negatively if the UFR were to increase to 6 per cent, for example. A question came from the audience as to whether allowing different curves perhaps introduced the danger that the balance sheet could be presented more positively than it actually is. Filippo said that Pillar 3 of Solvency II should in fact prevent that. Without transparency regarding the principles used and a good explanation of the decisions made, every insurer would ‘automatically’ be punished by its stakeholders. Filippo said that ultimately a ‘good practice’ would arise that would be accepted throughout Europe. Statement 4: Two types of financial statements provide

the required transparency to the market (stakeholders).

Krom thought it unlikely that everyone would be making the same choices in future. There therefore cannot be a case of a single SCR. In that context he asked that the regulator ‘respects’ the enterprise, the risks it runs and the choices it makes. Filippo stated that a single, identical SCR is only possible if the regulator itself calculates this instead of the insurer. When the insurer makes the calculation itself, it will have to explain clearly every time why certain choices have been made, for example, concerning the allocation of risk. He therefore argued that there should not be too much focus on the SCR. There was then a comment from the audience that the number of open variables in the SCR is limited. The day’s chairman Sikko van Katwijk concluded the afternoon with a breaf summary and thanked the speakers and panel for their contribution

Krom rejected this statement, referring to the fact that

to this interesting

insurers have different stakeholders to whom account must

congres.

be given. Mainly insured parties and interest groups pay attention to conduct. Two sets of financial statements will only lead to more questions as well as to unnecessarily increase costs.

22

KAS Selections • August 2012


Developments in the European financial landscape MiFID 2, Interoperability, EMIR, Basel III, Target2-

financial crisis made the European Commission (EC) revise

Securities and CSD legislation are just a few of the new

certain MiFID principles. MiFID 2 aims to update and build

rules and regulations and market developments that will

on the reforms introduced by the 2007 directive.

influence financial markets in the near future. This article gives a summary of revised and new European

The EC published its proposal for MiFID 2 in October 2011.

rules and regulations and infrastructural developments

This proposal primarily focuses on:

that should bring more harmonisation, safety,

• the introduction of Organised Trading Facilities (OTF) as a

transparency and efficiency to the fragmented European

new type of regulated trading venue. An OTF is a facility

securities market.

or system designed to bring together buying and selling interests or orders related to financial instruments e.g.

The picture below gives an impression of what levels of

broker crossing systems (internal matching systems that

the financial market chain are impacted by MiFID 2,

execute client orders against each other). Currently

Interoperability, EMIR, Basel III, Target2-Securities and CSD

Exchanges and Multilateral Trading Facilities (MTF) are

legislation.

recognised as regulated trading venues. This provision will bring more trading activities into a regulated

MiFID 2 MiFID was introduced in November 2007 with the objective

environment; • more competition among central counterparties (CCPs).

of enhancing the integration, transparency and competitive­

The legislation prescribes that the trade feed should be

ness of the European financial market. It brought lower

available to more CCPs. This could lead to more

trading costs per execution, reduced bid-ask spreads,

interoperable links between CCPs;

facilitated faster trading and abolished the concentration rule for national exchanges. Technical developments and the

• extension of the (MiFID 1) transparency requirements to other asset classes;

KAS Selections • August 2012

23


offering interoperability is still limited. Currently, particularly Multilateral Trading Facilities offer their trade feed to different CCPs, and a selected number of European incumbent exchanges have linked to more than one CCP. Incumbent exchanges in particular have restraints to offer interoperability and are awaiting the introduction of EMIR. EMIR The European Market Infrastructure Regulation (EMIR) has been developed by the EC to increase stability within OTC derivative markets and to protect the financial system against the effects of a big default. The Regulation introduces provisions to improve • tighter control over commodities markets;

transparency and reduce the risks associated with the OTC

• new safeguards for algorithmic and high-frequency

derivatives market. This regulation primarily focuses on:

trading by enhanced investor protection via a more rigorous business conduct regime; • harmonisation of existing national rules that determine how firms from third countries access the EU market.

• a reporting obligation for OTC derivatives contracts (centrally cleared as well as bilaterally settled OTC derivatives contracts); • a clearing obligation for eligible OTC derivatives; • establishment of common rules for CCP and for trade repositories (TRs);

Status The legislative proposal has been submitted to the European Parliament and the European Council. The implementation is not expected until at least 2015.

• measures to reduce counterparty credit risk and operational risk for bilaterally cleared OTC derivatives; • rules on the establishment of interoperability between CCPs.

CCP Interoperability CCP Interoperability is not a rule or regulation; it is a

Status

development introduced by the European infrastructure.

The text of EMIR was approved by both the European

Trading venues offer their trade feed to different CCPs. CCPs

Parliament and the Council of the European Union (EU).

that have access to multiple trading venues across Europe

The European Securities and Markets Authority (ESMA) is

need to become interoperable with competing CCPs. CCP

expected to issue the technical standards required by EMIR

interoperability is currently only available for the cash market.

in September 2012.

With CCP interoperability clearing members will have the

The introduction of the regulation is planned for the

ability to choose their CCPs and gain the benefit of

beginning of 2013, which is in line with the commitments

concentrating their clearing business.

made by G-20 leaders that OTC derivates transactions should be cleared through CCPs and reported to trade repositories by the end of 2012.

Status CCP interoperability is available for a growing number of trading venues. However, the number of trading venues

24

KAS Selections • August 2012


Basel III

CSD Legislation

Basel III was developed by the Basel Committee on Banking

The CSD legislation is an initiative by the EC to bring more

Supervision, which develops guidelines and supervisory

safety and efficiency to securities settlement in Europe. The

standards for the banking sector. In the last couple of years,

legislation will introduce common standards for Central

it has become clear that banks were exposed to risks that

Securities Depositories (CSDs) and will lead to a single

were not recognised by Basel II and that the rules set in

market for settlement in the EU.

Basel II were not sufficient. Basel III imposes additional requirements in comparison with the earlier accords and

The proposal contains the following elements:

sets rules to prevent the financial market from systemic risk.

• definition of CSD services. Three core CSD functions are

The proposal contains the following elements:

defined: i) notary function, ii) central safekeeping function,

• financial institutions should maintain higher capital to

iii) settlement function;

cover the risk to which these parties are exposed by their trading activities; • financial institutions should improve the quality of their capital; • financial institutions should comply with new capital requirements to cover the risk to which these institutions

• the settlement period will be harmonised and set at a maximum of two days after the trading day (T+2); • penalties for market participants that fail to deliver their securities on the agreed settlement date, and the introduction of a buy-in procedure; • issuers and investors will be required to keep an

are exposed when the solvency of their counterparties

electronic record for virtually all securities and to record

decreases. Basel III allows lower capital requirements

them in CSDs if they are traded on stock exchanges or

when OTC derivative contracts are cleared via a CCP;

other regulated markets;

• the Basel Committee imposes a limit on the leverage ratios of financial institutions; • systemically Important Financial Institutions (SIFIs) are considered ‘too big to fail’ and must therefore have higher loss absorbency capacity to reflect the greater risk that they pose to the financial system; • the Basel committee proposes building countercyclical

• CSDs will have to be authorised and supervised by their national competent authorities, and have to comply with organisational, prudential and conduct of business requirements; • authorised CSDs will be granted a ‘passport’ to provide their services in other EU member states; • CSDs in the EU will have access to other CSDs or

buffers. During economic growth, it requires banks to

market infrastructure, such as trading venues or central

build an additional buffer and during a declining

counterparties.

economic climate it allows banks to break into the additional buffer; • rules are set to cover the exposure that banks have to

In the short term, the proposed legislation is likely to create more competition between CSDs, with expected benefits for

central counterparties (CCPs). A 2% risk weight should

the quality and price of cross-border services. In the medium

be attached to any trade cleared through a CCP.

to long term, the CSD market could become more

Additionally, the committee proposes banks should

consolidated and less fragmented.

capitalise default fund contributions to CCPs. Status Status

According to the EC’s planning, the regulation will generally

Basel III will have a phased implementation starting in 2013

come into force in early 2013. However, provisions relating

and concluding in 2019.

KAS Selections • August 2012

25


to the harmonised T+2 settlement period will not take effect

additional CSDs that will join the T2S project.

until 1 January 2015.

The go-live date for T2S has been pushed back several times and is currently scheduled for 2015.

Target2-Securities Target2-Securities (T2S) is an initiative of the Eurosystem to

Conclusion

develop a single settlement platform in Europe for domestic

The European financial landscape will certainly be subject to

and cross-border settlement of securities. It will provide

significant transformation in the years to come. The impact

harmonised, real-time DVP settlement in central bank

of all these measures and initiatives on your business model

money. T2S will be introduced for settlement in euros and, in

depends on your role in the financial market. As a dedicated

a later stage, for other currencies.

specialist in securities services, KAS BANK follows all

T2S will remove barriers across countries and eliminate

developments very closely and will keep you informed

differences between domestic and cross-border settlement.

accordingly.

It is expected to reduce the cost of settlement and reduce complexity by harmonising the settlement process. Status In May 2012, the first group of nine European CSDs signed the T2S Framework Agreement with the European Central Bank (ECB). In July 2012 the ECB published a list of fifteen

26

KAS Selections • August 2012


Words from Wiesbaden The deciding factor

studies, many companies lag behind in preparing for the

Increasing reporting requirements are already causing

changes post Solvency II especially with respect to

insurance companies headaches. A consolidated report

reporting. While they are focusing on Pillar I (Capital

displaying fund assets and direct holdings could help.

Requirements) and Pillar II (Risk Management), Pillar III (Reporting) is not yet on the priority list. As of today, 84 per

Insurers are facing more and more challenges. Today they

cent of insurers companies have still not implemented the

need to hold their ground in an environment where there is

regulatory reporting, let alone upgraded their systems to

increasing competition and cost pressure and ever-changing

adapt to the changes. Consequently, only 16 per cent of

legal and regulatory frameworks. Increasing demands of

companies can produce the required EU-controlled quarterly

Solvency II on reporting and risk management coupled with

and annual reports (Source: BearingPoint).

the need for required IT upgrades are just a few examples. At the same time, transparency and up-to-date information

They need to act now!

on their investments is essential. This becomes very tricky when funds and direct holdings are administered by different providers. The deciding factor for smaller and mid-sized insurance companies in this highly-competitive environment might be the selection of the right administrator. An administrator who offers consolidated reporting and sophisticated IT solutions. Whilst the smaller and mid-sized insurers often have their funds administered externally by Master-KAGs, their direct holdings remain in-house. This results in differing quality and the challenge that regulatory requirements cannot easily be met. The burden of consolidating data from different sources is left in their own hands and is a time-consuming and costly task. Whilst the majority of large insurers are able to deal with these requirements internally, the smaller and mid-sized companies struggle. They just cannot justify the continuous investment in tailor-made IT solutions to fulfil those reporting

Funds and Direct Holdings under the same

and ever-increasing regulatory requirements.

roof With volatile markets and increasingly complex regulatory

The sourcing of market data can also cause problems, as

requirements on insurances in mind, Master-KAGs and

they very rarely own the costly licences from external

Depotbanks are facing the challenge of offering new,

providers to obtain all the necessary market information.

extended services to their clients. Within the KAS BANK

At the same time, the dynamic legal framework for insurance

Group, we have KAS Investment Servicing GmbH as

companies is adding further pressure to adapt fast to current

Master-KAG and KAS BANK N.V. - German Branch as

changes and anticipate future requirements. According to

Depotbank specialising in the administration and

KAS Selections • August 2012

27


safekeeping of mutual/special funds and direct holdings. Full administration and accounting services, including the valuation of all assets, are bundled with comprehensive

Direct holdings & Fund administration

standardised or tailor-made reporting.

NAV calculation

Virtually any type of assets can be booked on KAS BANK’s platform. The maintenance and creation of accounting records according to HGB and IFRS are all reflected utilising

Direct holding accounting

one of the leading systems, SimCorp Dimension. From SimCorp Dimension, entries can be efficiently exported

Reporting/Legal Reporting

through data interfaces into clients’ accounts or in-house systems. Extensive attention to detail and a uniform database with clean data feeds are key in the process. This

Ex-post limit checks

is the basis for the effortless production of comprehensive reports covering all regulatory needs of German insurance

Fund accounting

companies.

Annual report

The KAS BANK Group not only offers its clients Master-KAG services but also independent Depotbank services. All assets administered by KAS BANK Group have the same

Tax

data set at their disposal, so that IFRS reports can be produced easily and efficiently across different asset classes,

System administration

for example. Also external data can be integrated, which is important for externally managed fund mandates. Through KAG interfaces, this data can automatically flow into

Services KAS BANK Group

KAS BANK’s system sets. Holdings of external KAGs, transaction and pricing data for those fund assets are

necessary reporting to the authorities, or all challenges

imported into SimCorp Dimension on a daily basis. Through

around Solvency II, both prime examples where clients can

this process, the holdings of the insurance company and the

benefit from KAS BANK’s professional solutions.

KAG are checked and compared daily. The KAG interface also gives a glimpse into the individual positions and

All services for our insurance clients are offered on a

provides efficient consolidation of internally/externally

modular and/or tailor-made basis. Our clients enjoy access

administrated funds and direct holdings as specified by

to a wide range of products and services where they can

IFRS.

“pick and choose” the solutions that best fit their specific needs.

Pro-active support is key when regulatory requirements are imposed on our clients. Examples are changing accounting rules for the valuation of different assets types, with the

28

KAS Selections • August 2012


FATCA: register and report Europe and the rest of the world face a mammoth task

expected to conclude an agreement on this with the IRS

with regard to the US Foreign Account Tax Compliance

based on the FATCA regulations.

Act, better known as FATCA. The United States hopes this legislation will put an end to ‘offshore accounting’: the

Most of the entities that provide a financial service fall under

evasion of (withholding) tax by keeping financial balances

FATCA. Consequently, nearly all of KAS BANK’s clients will

in tax havens. FATCA requires non-US institutions to

also have to comply with FATCA. However, there are

identify and report ‘US persons’ to the IRS (US tax

distinctions according to the type of FFI and the

authority), which is a hugely time-consuming activity.

corresponding requirements. The IRS distinguishes Deemed Compliant FFIs, Non-Participating FFIs and Exempted

A recent survey by British organisation Tax Justice revealed 1

Organisations, among others.

that (the equivalent of) some 17,000 billion euros are held in tax havens worldwide (primarily in developing countries).

A Deemed Compliant FFI is an FFI that has applied to the

This represents approximately 165 billion euros in lost tax

IRS for ‘deemed compliant status’. The FFI is then assigned

revenue for governments. Although this publication was not

an identification number. The IRS currently qualifies certain

behind the introduction of FATCA, it does demonstrate why

local banks, local members of already participating FFI

the United States is taking steps to find out where deposits

groups, certain investment vehicles and certain foreign

are being held in order to ensure these are reported. The US

pension schemes as ‘deemed compliant’.

Congress is convinced that many US persons are holding 2

undisclosed funds in foreign accounts. It is estimated that

Foreign pension schemes

the US treasury is consequently missing out on many billions

In principle, foreign pension schemes are designated as

of dollars each year.

‘Deemed Compliant FFIs’ as they are not considered to be a high-risk group for tax evasion. However, the US Treasury

What does this mean for financial institutions?

Department and the IRS are still studying the many different

In short, FATCA means that all non-US financial institutions,

types of pension scheme that are presumed to pose a low

wherever they are in the world, must sign an agreement with

risk of tax evasion. Further guidelines on pension schemes

the IRS declaring that they will comply with the identification,

that are eligible for the ‘deemed compliant’ status should

reporting and withholding requirements contained in FATCA.

provide a definite answer on this.

This can ensure that a clear distinction is made between a ‘US person’ and a non-US person.

In order to be registered as an FFI on time, it is important to conclude an agreement with the IRS between 1 January

With effect from 1 July 2013, most Foreign Financial

2013 and 30 June 2013. Among other things, the

Institutions (FFIs) worldwide will have to pass on their

agreement makes it mandatory to provide information on the

information about ‘US persons’ to the IRS. The IRS hopes

identity and (worldwide) assets of US persons. FFIs that do

this will provide insight into all deposits held by US persons

not conclude an agreement with the IRS will face a

in order to prevent tax evasion/tax fraud. The FFIs are

withholding tax on income from the United States (US-

1 The survey used data from the IMF, the World Bank, the United Nations and a number of central banks. 2 See the glossary.

KAS Selections • August 2012

29


1 0 . 1 1.8 2.5 3.2 3.9 4. 5. 6 6 7

Reports on US persons and recalcitrant account holders

may be made to the local tax authorities instead of directly to the IRS. Glossary A US person is: • A citizen or resident of the United States; • A domestic partnership; • A domestic corporation; • Any estate other than a foreign estate; source income) and, at a later stage, on so-called pass-

• Any trust if:

through payments.

1. a court within the United States is able to exercise primary supervision over the administration of the trust; and

In phases starting from 1 July 2013 the following obligations

will apply:

2. one or more United States persons have the

authority to control all substantial decisions of the

• the identification of US persons on the basis of the

trust;

identification rules stipulated by FATCA • the reporting on US persons to the IRS

• Any other person that is not a foreign person.

• where necessary, the charging of 30% withholding tax on payments to ‘recalcitrant account holders’3 and

Links

non-participating FFIs.

www.nvb.nl www.irs.gov

Important developments In a joint statement with the IRS, Germany, the UK, France, Spain and Italy have expressed the intention of becoming FATCA-compliant as countries. The Netherlands has also indicated that it would like to sign the joint statement. It is not yet clear what consequences this will have for the details of the FATCA project. A FATCA-compliant country has various advantages as compared to the individual agreement that financial institutions must enter into with the IRS. For example, a financial institution registered in a FATCA-compliant country does not need to sign an individual agreement with the IRS.

3 Account holders who refuse further cooperation for the purposes of identification in accordance with FATCA.

30

KAS Selections • August 2012


1.7 4 4 . . 1 2 3 3 . . 1 2 2 . 2 1 . 1 2 1 . . 3 1 1 . 0 2 . 3 0 . 0 2 . 2 9 8 . . 1 8 3 . 2 7 . 7 3 . 2 6 . 6 3 . 5 . 2 5 4 . 5 3 4 . 4 4 . 3 3 . 3 4 . 2 . 2 5 . 23 1 4 . 1 5 . 4 0 . 0 5 . 9 . 9 5 . 94 4 8 . 8 5 . 4 7 . 7 5 . 6 . 4 6 6 . 6 5 . 5 . 5 6 . 5 4 . 4 6 . 3 . 5 3 7 . 3 . 6 2 . 2 7 . 1 6 . 1 7 . . 6 0 . 8 0 7 9 . 6. 9 . 7 6 8 . 8 7 . 6 7 8 . 7 7 . 6 . 6 6 8 . 7 5 . 5 8 . 7 4 9 . 8 3 . 7.4 3 9 . 8 2 . 2 9 . 1 8 . 9 8.1 0 . 9 9 . 9 . 9 8 8 . 8 9 . 8 7 . 9 6 . 9 9.5 From feedback 6 . 1 to service improvement 1.5

KAS BANK started the Client Service Review two years

The contact with KAS BANK’s employees has generally

ago. In this Review we ask all our clients for their opinion

been given a score of very good. A general point for

of the services they receive from KAS BANK. We would

improvement is to give more attention to matters such as

also like to hear their experiences of the service and

lead time and feedback on progress of questions.

support provided by our employees. This gives us

ongoing insight into the quality of our service provision

The services also score better than good, on average. One

and the points where improvement is possible. After all,

exception on the lower side is Invoicing - which still scores

the aim of the Service Review is to improve the service for

between satisfactory and good, though - and an exception

every one of our clients.

on the higher side is the Risk Monitor report - rated on average to be extremely good.

The invitations for the Client Service Review are sent

throughout the year. Every Review is ‘tailored’ to the

What happens with the points for

services that the client receives from KAS BANK and the

improvement?

employees with whom the client has contact. The account

In order to improve our invoicing, for instance, we have set

manager will discuss the outcomes of the Review personally

up a multidisciplinary working group. This has set itself the

if desired.

goal of developing an electronic invoice that measures up to the best on the market in terms of presentation and

Results

accessibility. The starting point is that the invoice must show

Half way through the year, half of our clients have filled in

at a glance how much is charged for each service and what

and returned the Service Review. The interim results show

rate applies. We expect to be able to show the results of this

that, in general, client satisfaction has risen from 7.0 in 2010

in Q1 2013.

to 7.4 in 2011 and to 7.6 halfway through 2012 (on a scale of 1 to 10). 8.0 7.8 7.6 7.4 7.2 7.0 6.8 6.6 6.4 6.2 6.0 2010

2011

2012

KAS Selections • August 2012

31


NETHERLANDS

NETHERLANDS

UNITED KINGDOM

KAS BANK AMSTERDAM P.O. Box 24001 1000 DB Amsterdam The Netherlands Spuistraat 172 1012 VT Amsterdam The Netherlands T: +31 20 557 59 11

GERMANY

KAS BANK LONDON 5th Floor 10 Old Broad Street London EC2N 1AA United Kingdom T: +44 20 7153 36 00

KAS BANK WIESBADEN Biebricher Allee 2 65187 Wiesbaden Germany T: +49 611 1865 3800

www.kasbank.com


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