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Wells Fargo Prime Services: Industry and Regulatory Update


DMS continues to expand with a dedicated MiFID team

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DMS is pleased to announce the establishment of a dedicated MiFID II solutions suite. The acquisition of a 10 year MiFID-authorized entity, along with a strong and experienced team, has enabled DMS to leverage its regulatory DNA to provide bespoke solutions to asset managers. DMS continues to demonstrate its market and thought-leadership at a time when the investment community faces increasing challenges.

The DMS MiFID team is overseen by DMS Executive Director John Wallace and led in Dublin by Jason Poonoosamy, who commented: “The addition of MiFID services to DMS’s European footprint is a natural way to grow our service offering. The need for this service in investment regulation is driven by client demand, which has been fuelled by MiFID II and a need for post-Brexit MiFID-compliant solutions. Recent events have created a need to provide investor certainty and this broadened service offering provides exactly that, through various mechanisms including portfolio management, risk management and trade execution.

How can DMS help?

DMS is uniquely positioned in the market place to provide effective solutions that meet current and upcoming regulatory requirements. This has allowed investment managers to satisfy the regulatory needs of today, while also future-proofing their business. The scope and depth of requirements under MIFID II, which come into force on 3rd January 2018, will touch aspects of marketing and distribution, trading and research, counterparty interaction, and day-to-day operations. With its MiFID II solution, DMS allows managers to continue to seamlessly service existing clients and continue to access capital in Europe.

About DMS

DMS Governance Ltd. (DMS) is the worldwide leader in fund governance with more than 225 professionals representing leading investment funds with assets under management exceeding $330 billion. DMS excels in delivering high quality Fund Governance, International Tax Compliance, AIFMD,UCITS, Banking, Custody, Trust, Corporate and Outsourcing solutions across a diverse range of investment fund structures and strategies.

MiFID II Thought Leadership Group

DMS is currently in the process of setting up MiFID II working groups in Europe and the U.S. If you would like to be part of these groups, please email MiFIDII@dmsgovernance.com with your details.

The post DMS continues to expand with a dedicated MiFID team appeared first on DMS Governance.

DMS Europe turns its attention to aircraft leasing

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Published by: aviationnews-online.com

The recent rapid expansion of the aircraft leasing market has left the aviation finance industry looking for corporate service providers to serve the ever increasing use of special purpose vehicles (SPVs). Ireland has long been considered the birthplace of the aviation finance industry and this explosion in demand for corporate service providers to the airline leasing market means that DMS Europe, headquartered in Dublin, is well placed to serve that market.

DMS Europe was launched in Dublin in 2008, originally offering governance services to fund managers. In 2012, DMS Investment Management Services (Europe) Limited (DMS IMS) *became an authorized Alternative Investment Fund Manager (AIFM) and UCITS management company approved by the Central Bank of Ireland and passported into Luxembourg. Following on from the success and growth of DMS IMS, DMS Europe has continued to grow and develop a wide range of services to support the financial services industry throughout Europe, specifically to meet client demand. As a result, DMS Corrib, an affiliated entity, became a licensed TCSP in Ireland allowing DMS Europe to support a wide range of structured finance transactions for aircraft lessors.

DMS Europe has seen its existing client base in structured finance expand notably over the last quarter. The dedicated, and recently strengthened team based in Dublin now finds itself at the heart of the market place, able to differentiate from competitors in the form of a complete suite of services. DMS Europe also works alongside some of the largest law firms in Dublin to ensure a seamless and best-in-class solution for clients including; SPV contracts management, treasury services and day to day SPV administration – a comprehensive solution for all aircraft leasing transactions.

 

Key Contact:

The post DMS Europe turns its attention to aircraft leasing appeared first on DMS Governance.

Cayman Islands AEOI Update – U.S. FATCA and Common Reporting Standard deadlines aligned

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The Department for International Tax Cooperation (“DITC”) has released Version 2.0 of the Common Reporting Standard (“CRS”) Guidance Notes and clarified certain areas:

FATCA/CRS – Notification and Reporting Deadlines

The Cayman Islands Automatic Exchange of Information (“AEOI”) Portal will still remain offline until the beginning of May 2017 due to software upgrades.

  • CRS notification function on the AEOI Portal is scheduled to go live in the week of 10 May 2017
  • CRS reporting function on the AEOI Portal is scheduled to go live in the week of 12 June 2017

In order to provide sufficient time to all Cayman Financial Institution to file notification and reports, the authorities aligned the deadlines for U.S. FATCA and CRS for this year:

  • The notification deadline for FATCA and CRS is now 30 June 2017
  • The reporting deadline for FATCA and CRS is now 31 July 2017

IRS Notifications – 2014 and 2015 U.S. FATCA Reporting

The deadline for correcting any errors in respect of FATCA reports for 2014 and/or 2015 is also 31 July 2017. The DITC’s will provide further guidance on corrections required for certain types of FATCA reporting errors.

CRS – Reportable Jurisdictions

The list of Reportable Jurisdictions has been updated to include Jersey for 2017 and also the 2018 provisional list of Reportable Jurisdictions has been published.

CRS – Guidance Notes

The DITC clarified a number of topics including the following:

  • Liquidating Entities that were in existence in 2016 still need to comply with their obligations for the year 2016 and file the respective reports with respect to 2017 Reportable Jurisdictions. Similarly, Liquidating Entities that were in existence in 2017 need to comply with their obligations for the year 2017 and file the respective reports with respect to 2018 Reportable Jurisdictions.
  • Each Cayman Reporting Financial Institution is required to establish and maintain written policies and procedures on how to comply with the Cayman Islands CRS Regulations as well as how to implement and comply with these policies and procedures. The policies and procedures should include:
    1. address any delegation of CRS obligations;
    2. application of the CRS due diligence procedures; and
    3. ensure that any information obtained in accordance with the CRS Regulations or a record of the steps taken to comply with the CRS Regulations in respect of a Financial Account is kept for six years from the end of the year to which the information relates or during which the steps were taken.

DMS International Tax Compliance Group can help

As a leading provider of International Tax Compliance (“ITC”) services, DMS has been at the forefront of discussions with managers across the U.S., Europe and Asia on how best to comply with the increased volume and responsibility of CRS and FATCA reporting. With CRS filings due for the first time across fifty four countries, we have specifically seen strong interest from our global client base in delegating the AEOI function to a third party that has the resources and expertise to ensure full compliance. As the filing deadlines approach, the DMS ITC team would welcome the opportunity to further discuss with you, your new requirements and our ITC solutions.

Services include:

  • Entity classification of your entities and structures to determine the ITC Obligations and analyzing the availability of reporting exemptions.
  • Registering and obtaining Global Intermediary Identification Number (“GIIN”) from the IRS and completing any other registration or notification with local authorities.
  • Reviewing governing documents and subscription documents to determine the adequacy of disclosures provisions.
  • Preparing and reviewing IRS Forms and Self-Certifications.
  • Acting as Principal Point of Contact/AEOI Delegate/ Responsible Officer to oversee and ensure compliance with all aspects of the regulations in the respective jurisdiction.
  • Reviewing and approving third party investor classification, including relevant agreements with these third parties.
    Classification and remediation of your investor base.
  • Preparing and filing the reports in the respective jurisdictions.
  • Consulting on technical and operational aspects of these international tax information regulations.
  • Preparing and reviewing the policies and procedures as set forth in the Regulations.

The post Cayman Islands AEOI Update – U.S. FATCA and Common Reporting Standard deadlines aligned appeared first on DMS Governance.

Fund Governance Review 2016

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We are pleased to share a copy of the DMS Fund Governance Review covering the highlights and hot topics seen throughout 2016.

Download report here >

 

2016 was a year of considerable global change both economically and politically. While this is certain to have an impact on our industry, DMS prides itself on being responsive and adaptable to change. Over the past year our business has grown significantly with an increase to our product offering and, notably, earlier this year we held our first New York based conference in a direct response to growth and demand. We hope you will enjoy reading the report and find it useful and informative.

The post Fund Governance Review 2016 appeared first on DMS Governance.

Webinar: INNOVATION & OPPORTUNITIES IN THE DIRECT LENDING SPACE – 9th May 2017 (12pm EST)

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Please join our webinar to listen to experts provide insights into the latest developments in Direct Lending, including the reinvention of credit scoring, capital raising opportunities in Europe, and the increasing engagement of Independent Fund Representatives in Direct Lending structures.

The webinar will feature three sections:-

PART 1 Reinvention of Credit Scoring: A team of MIT researchers has developed a set of analytic models that, in field tests with a European bank’s actual data, produced 30-50% better prediction of credit events for consumer credit than demographic models, and 35% better prediction of SME (retail) credit risk. The MIT team has formed a new company, Distilled Analytics, that is developing this technology for commercial use. We are honored that David Schrier – Founder & CEO of Distilled Analytics – will join us to discuss this revolutionary innovation.
15-20 minutes

PART 2 European Opportunities: U.S. & European Direct Lending strategies are in huge demand with European institutional investors. Laurent Leclercq (Head of Distribution for DMS) & Derek Delaney (Head of Europe for DMS) will discuss the latest capital raising trends and regulatory changes in Europe, including the relaxation of the Irish QIAIF direct lending rules, and the recent Ordinance requiring German institutions to only invest in European domiciled direct lending funds.
10-15 minutes

PART 3 The Independent Fund Representative: In season & sell structures, there is an increasing trend towards engaging an Independent Fund Representative (“IFR”) to approve trades as they are sold from onshore to offshore after the seasoning period. John D’Agostino (Managing Director, DMS New York) will briefly discuss this role from personal experience.
5 minutes

WEBCAST DETAILS:-

Date: Tuesday 9th May 2017
Time: 12pm Eastern time
Duration: 45 minutes

PANELISTS:

  • JOHN D’AGOSTINO, Managing Director, DMS Governance
  • DEREK DELANEY, Managing Director, DMS Governance
  • LAURENT LECLERCQ, Head of Distribution, DMS Governance
  • DAVID SCHRIER, Founder & CEO, Distilled Analytics

REGISTER HERE

Following registration you will receive an email with necessary log on information. We confirm that this webcast is only transmitted via the internet and as such you will require a working internet connection.

Should you have any questions please contact Alison Sims at asims@dmsgovernance.com

The post Webinar: INNOVATION & OPPORTUNITIES IN THE DIRECT LENDING SPACE – 9th May 2017 (12pm EST) appeared first on DMS Governance.

DMS NEW YORK HAS MOVED

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As we continue to expand both our product offering and client base, we are pleased to announce that we have moved to a larger office in order to support our future growth.

Rest assured, our phone numbers and email addresses remain unchanged, so all you need to do is to update our physical address in your address book:

DMS GOVERNANCE
130 West 42nd Street
10th Floor
New York, NY 10036
Map | Directions

We look forward to welcoming you soon.

The post DMS NEW YORK HAS MOVED appeared first on DMS Governance.

Webinar – FATCA AND CRS REPORTING: HOW TO PREPARE

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Please join us for an informational webcast to learn more on the requirements and upcoming deadlines of FATCA and CRS reporting. The webcast will be presented by Roman Ipfling, Director and Connie Wong, Associate Director at DMS Governance Ltd.

WEBCAST DETAILS:-

Date: Thursday, 18th May
Time: 9am China/Hong Kong/Singapore time
Duration: 45 minutes

REGISTER

Following registration you will receive an email with necessary log on information. We confirm that this webcast is only transmitted via the internet and as such you will require a working internet connection.

Should you have any questions please contact Alison Sims at asims@dmsgovernance.com

The post Webinar – FATCA AND CRS REPORTING: HOW TO PREPARE appeared first on DMS Governance.


开曼群岛自动资讯交换(“AEOI”)更新-美国《外国账户税务合规法案》(FATCA)与通用报告准则 (“CRS”)截止期限协调一致

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开曼群岛国际税务合规部(”DITC”)公布了第2.0版通用报告准则指引注释,并明确了下列事项:

FATCA/CRS – 通知和申报截止期限

因软件更新,开曼群岛自动资讯交换门户网站在2017年5月初以前仍为关闭状态
AEOI门户网站的CRS通知功能预计在2017年5月10日当周上线。
AEOI门户网站的CRS申报提交功能预计在2017年6月12日当周上线。
为给所有开曼群岛金融机构提交通知和申报提供充足的时间,相关部门今年协调了美国FATCA和CRS的截止期限:
FATCA和CRS的通知截止期限目前是2017年6月30日
FATCA和CRS的申报提交截止期限目前是2017年7月31日

IRS通知 – 2014年和2015年美国FATCA报告

纠正2014年和/或2015年FATCA报告任何错误的截止期限也是2017年7月31日。DITC将为某些类型的FATCA报告错误所需的纠正提供进一步的指引。

CRS – 可报告的司法管辖区

2017年可报告的司法管辖区清单已经更新,其中将包括泽西岛(Jersey),此外,2018年可报告的司法管辖区临时清单也已公布。

CRS – 指引注释

DITC明确了以下自动资讯交换主题事项:
清算实体 – 2016年存在的清算实体仍需要遵守其2016年度的义务,并就2017年可报告的司法管辖区提交各自的报告。同样,2017年存在的清算实体需要遵守其2017年度的义务,并就2018年可报告的司法管辖区提交各自的报告。
书面政策和流程 – 每家开曼群岛报告金融机构须制定并保持有关如何遵守开曼群岛CRS法规以及如何实施和遵守这些政策和流程的书面政策和流程。政策和流程应包括:
解决任何CRS义务的委托;
适用CRS尽职调查流程;以及
确保根据CRS法规获得的任何信息或就财务账户而言为遵守CRS法规所采取措施的记录自此等信息所涉及或采取措施的年份结束时间起保存六年。

DMS 国际税务合规小组可为您效劳

作为国际税务合规(ITC)服务的领先提供商,DMS 一直与美国、欧洲和亚洲的管理机构积极开 展讨论,探讨应对CRS 和FATCA 申报方面日益增加的数量和责任的最佳策略。在全球54 个国 家首次实施CSR 申报的背景下,我们看到了来自全球客户群体的尤其浓厚兴趣,他们希望将 AEOI 职责委托给一家具有丰富资源和专门知识的第三方,以确保完全合规。随着申报截止时间 的临近,DMS ITC 团队非常乐意就您的新要求和我们的ITC 解决方案,与您作进一步讨论。

服务包括:

对您的实体和结构进行实体分类,以确定ITC 义务,并分析是否能在申报方面获豁免。.
在美国国税局(IRS)登记并取得全球中介机构识别号码(GIIN),同时在本地主管机构完成任何其他登记或通知。
审核管辖文件和认购文件,以确定信息披露规定的充足性。
准备和审核美国国税局表格和自我证明表格。
担任主要联系人/AEOI 代表/负责人员,监督和确保在相关司法管辖区法规的所有方面都实现合规。
审核和批准第三方投资者分类,包括与这些第三方的相关协议。
对您投资者群体的分类和纠正。
准备报告和在相关司法管辖区提交报告。
在这些国际税务信息法规的技术和运营方面提供咨询服务。
准备和审核法规中载明的政策和程序。

The post 开曼群岛自动资讯交换(“AEOI”)更新-美国《外国账户税务合规法案》(FATCA)与通用报告准则 (“CRS”)截止期限协调一致 appeared first on DMS Governance.

Webinar: Innovation Opportunities in the Direct Lending Space

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Please watch our webinar to listen to experts provide insights into the latest developments in Direct Lending, including the reinvention of credit scoring, capital raising opportunities in Europe, and the increasing engagement of Independent Fund Representatives in Direct Lending structures.

The webinar features three sections:-

  • PART 1 – Reinvention of Credit Scoring
  • PART 2 – European Opportunities
  • PART 3 – The Independent Fund Representative

The post Webinar: Innovation Opportunities in the Direct Lending Space appeared first on DMS Governance.

THE IMPACT OF MIFID II ON THE FUNDS INDUSTRY

Update to Beneficial Ownership Registers to be Implemented for Companies in the Cayman Islands

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Background:
Amendments to Cayman legislation for corporate entities (including LLCs) have been put in place in order to facilitate the establishment of a regime permitting more rapid searches of beneficial ownership information by the Competent Authority in the Cayman Islands in response to queries from appropriate authorities in the United Kingdom and the Cayman Islands.

Key analysis:
CIMA registered, and therefore regulated funds are out of scope including funds “managed, arranged, administered, operated or promoted” by “approved persons” such as investment managers regulated in approved jurisdictions including the U.S., China, Hong Kong, the U.K., Switzerland and Singapore. Funds which are not must comply with the Regime and including funds which are incorporated and/or registered by continuation under the Companies Law (including exempted, ordinary, limited liability and special economic zone companies) and exclude companies which are out of scope.

Key Contact:

Don W. Ebanks

Don W. Ebanks

Managing Director

The post Update to Beneficial Ownership Registers to be Implemented for Companies in the Cayman Islands appeared first on DMS Governance.

Onboarding of Future Planet Fund 1 to the DMS QIAIF Platform ICAV

HOW TO PREPARE FOR MiFID II INFORMATION MANAGEMENT CHALLENGES

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When MiFID II comes into place on 3 January 2018, it will be amongst the broadest of financial industry legislations. The scale of these regulatory obligations provides significant challenges to asset managers and to their I.T. and data management systems, complicating the already heavy compliance burden they face. The challenge will be greatest for those firms that are captured by MiFID II in its entirety.

The scope of the legislation will force investment managers to think extremely carefully about the solutions that are available to them and they must choose a compatible vendor that understands the complexities of their operations.

How can DMS help?

Through our vast experience of MiFID compliance, our depth of knowledge of global regulatory frameworks, inherent fund governance DNA, and unrivalled client relationships, DMS has a licensed suite of solutions that span full MiFID hosting. Our consultative approach, proven by our leading track record, means that DMS is uniquely positioned in the marketplace to provide managers with effective compliance solutions that meet not only current but also upcoming regulatory requirements.
The impact on the funds industry will be wide-reaching, affecting aspects of marketing and distribution, trading and research, and day-to-day operations. DMS’ comprehensive MiFID II solution allows managers to continue to seamlessly service their existing clients while accessing capital in Europe.
The DMS MiFID team is led by DMS Director, Jason Poonoosamy.
About DMS

DMS Governance Ltd. (DMS) is the worldwide leader in fund governance representing leading investment funds with assets under management exceeding $330 billion. DMS excels in delivering high-quality Fund Governance, Risk and Compliance services across a diverse range of investment fund structures and strategies.

MiFID II Thought Leadership Group

If you would like to join the DMS MiFID II Working Group, please contact your local DMS representative or email MiFIDII@dmsgovernance.com

The post HOW TO PREPARE FOR MiFID II INFORMATION MANAGEMENT CHALLENGES appeared first on DMS Governance.

HOW PREPARED IS THE UK FUND INDUSTRY FOR BREXIT?

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In the first of our four-part series of surveys DMS have addressed the question of Brexit and the results were surprising.

We contacted a cross-section of European institutional investors and 64% believed that UK managers have ‘failed to plan’ or have ‘inadequately planned’ for Brexit and its market implications.The question of timing proved a key consideration, with only 31% of those surveyed believing that it should be considered an ‘immediate concern’, 67% stating it would be a concern if Brexit plans were not in place by the end of the year and 86% if plans were not in place by this time next year.

Aside from preparation and timing, other key concerns among institutional investors were:

  • The ability of the manager to market their funds to the investor post Brexit – 50%
  • The ability of the manager to manage European domiciled funds post Brexit – 29%
  • The impact of Brexit on managers cost structure due to the possibility of adding complexity to align with Brexit – 10%

Emerging from the survey results was a certain degree of confidence in the market, with 12% having no concerns, clearly feeling confident that the UK funds industry would be able to arrive easily at practical solutions. We also saw an understanding that Brexit is a complex and open-ended issue and a level of confidence in managers’ ability to deal with challenges presented to them.

Most notably, NONE felt it would result in having to redeem holdings with UK managers.

There were no strong opinions on the question of the correct Brexit approach to adopt and 26% felt that this was a decision best made by the investment manager.On the subject of geographical location, just under a third of those surveyed felt that the manager might need to relocate all or substantively all of their operations to European locations. 40% felt that remaining in the UK was the preferred option, to avoid disruptions to the Alpha generating team by partnering with a third party MiFID/AIFM provider.

Overall, and perhaps surprisingly, investors felt that Brexit was the third most important challenge facing investment managers today, trailing behind the question of MiFID II and fees.

Our View

ave surprised us – we had not anticipated seeing Brexit ranked as the least pressing concern. Brexit has received extensive media coverage and we had thought that, for the European Institutional Investor, it would be a paramount and time sensitive concern. Encouragingly, we have discovered that there is a quiet confidence that the industry will get this right when the time comes.

Our aim in undertaking these surveys was to uncover these unexpected trends and to dig deeper into the issues that affect our industry.

Over the coming months DMS will engage with the European investor community on a number of subjects including, MiFID II, Fees and In-demand strategies.

We value your opinion and invite you to contribute to our surveys by getting in touch with us by email: surveys@dmsgovernance.com

How Can DMS Help

DMS is uniquely positioned to assist investment managers who are currently considering their current and post Brexit options.

We hold MiFID, AIFM and UCITS licenses and operate in the UK, Ireland and Luxembourg. Please contact Derek Delaney who will be delighted to assist you further.

The post HOW PREPARED IS THE UK FUND INDUSTRY FOR BREXIT? appeared first on DMS Governance.


Protected: Webinar – FATCA and CRS Reporting – How to Prepare (North America)

Webinar – FATCA and CRS Reporting – How to Prepare (Europe)

FATCA and CRS – Are you prepared?

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Deadlines for Cayman Islands Financial Institutions (“CFI”) to comply with U.S. FATCA and Common Reporting Standards (“CRS”) are just around the corner. The following obligations are required under the regulations to avoid penalties:

  • notification for FATCA and CRS has just been EXTENDED to 31 July 2017 (applies to both Reporting Financial Institutions (“CRFI”) and Non-Reporting Financial Institutions (“NRFI”))
  • reporting for FATCA and CRS remains 31 July 2017 (includes Nil Return filing requirement for CRS)

The Department for International Tax Cooperation (“DITC”) recently released Version 2.0 of the Common Reporting Standard (“CRS”) Guidance Notes. We have set out below the significant points to note for RFIs and NRFIs to ensure compliance under this directive.

CRS Entity Classification
Importantly, entities should be paying close attention to classification under the CRS regulations as certain entities such as General Partners, Investment Managers or Investment Advisors may fall into scope as CRFIs for CRS purposes which may not be deemed as reporting entities for U.S. FATCA.

Appoint a Principal Point of Contact (PPOC) and Authorized Person
All Financial Institutions, RFIs and NRFIs are required to notify the Tax Information Authority (“TIA”) of both a Principal Point of Contact (“PPOC”) and an individual who is authorized to notify the TIA of any change in the PPOC or the notification. This notification has just been EXTENDED to 31 July 2017 which includes a letter of authorization signed by a Director / General Partner / Trustee of the Financial Institution.

Written Policies and Procedures
CRS requires CRFIs to establish and maintain written policies and procedures on how to comply with the Cayman Islands CRS Regulations as well as how to implement and comply with these policies and procedures. The written policies and procedures established and maintained by the RFI should address the obligations regarding due diligence, record keeping, notification and reporting to the TIA via the Cayman AEOI Portal as well as information regarding any delegation of CRS obligations, including the appointment of any third parties, and cooperation with the TIA’s compliance measures.

Corrections of Prior Period Reports
The deadline for correcting any errors in FATCA reports for 2014 and/or 2015 is also 31 July 2017. The DITC’s will provide further guidance on the corrections required for certain types of FATCA reporting errors.

IRS Communications

The IRS has been in active communications with those listed as the Responsible Officer on the IRS portal as it relates to action for renewal of FFI agreements under U.S. FATCA. Despite the fact that a renewal is not a requirement for entities in a Model 1 jurisdiction, there may still be action required to validate the FFI agreement status through the IRS alert messaged received. FATCA Responsible Officers should pay close attention to any such messages to avoid revocation of GIIN registration and the FFI Agreement.

How the DMS International Tax Compliance Group can help
As a leading provider of International Tax Compliance (“ITC”) services, DMS has been at the forefront of discussions with managers across the U.S., Europe and Asia on how best to comply with the increased volume and responsibility of CRS and FATCA reporting. With CRS filings due for the first time across fifty four countries, we have specifically seen strong interest from our global client base in delegating the AEOI function to a third party that has the resources and expertise to ensure full compliance. As the filing deadlines approach, the DMS ITC team would welcome the opportunity to further discuss our ITC solutions and any new requirements you may have.

Should you have any questions, please reach out to your DMS contact or any member of our team listed here:

Niaz Khan

Niaz Khan

Managing Director, Asia-Pacific

The post FATCA and CRS – Are you prepared? appeared first on DMS Governance.

MIFID / AIFMD / UCITS – DMS can help U.S. Managers navigate Europe

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David Morrissey, a senior member of the DMS European team, is currently visiting our New York office and will be here for the next two months as a result of the exceptional demand for our three core European services:

  • MiFID services
  • AIFMD services
  • UCITS services

Please let David know if you would like to be part of the workshops / meetings he will be holding regularly over the coming months, alongside Daniel Forbes, DMS New York.

Current subjects of particular interest for U.S. managers are:

  • Identifying MiFID 2 impact on their business, and finding solutions, including:
    • Regulatory Hosting – allowing access to European Managed Accounts
    • Transaction Reporting
    • Product Governance and Distribution
    • Research Payment Accounts
    • Others, including support for trade reporting, best execution and commodity derivatives reporting
  • Navigating AIFMD & UCITS, including:
    • Identifying target investor countries & segments for each strategy type
    • Understanding the product type most accepted by European investors
    • Understanding if Private Placement is a viable route to market
    • Understanding how to efficiently structure the product
    • Dealing with the upcoming CP86 changes to the Governance regime in Ireland
    • In addition, DMS is uniquely positioned to assist U.S. investment managers who are currently considering their current and post Brexit options.

Please email David below to connect:

The post MIFID / AIFMD / UCITS – DMS can help U.S. Managers navigate Europe appeared first on DMS Governance.

FATCA e CRS – VOCÊ ESTÁ PREPARADO?

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Os prazos para as Instituiçőes Financeiras das Ilhas Cayman (“CFI”) cumprirem com as obrigações de US FATCA e Common Reporting Standards (“CRS”) estão se aproximando. As seguintes obrigações são exigidas para evitar penalidades:

  • O prazo para a notificação de FATCA e CRS acaba de ser EXTENDIDO até 31 de julho de 2017 (aplica-se tanto às Instituições Financeiras Reportáveis (“CRFI”) quanto às Instituições Financeiras Não-Reportáveis (“NRFI”)
  • O prazo para o relatório de FATCA e o de CRS permanecem 31 de julho de 2017 (inclui a obrigação de Nil Return para fins de CRS)

O Departamento de Cooperação Fiscal Internacional (“DITC”) lançou recentemente a Versão 2.0 das Notas de Orientação do Common Reporting Standard (“CRS”). Apresentamos abaixo os principais pontos a serem observados para RFIs e NRFIs com o objetivo de garantir a conformidade com as regras de CRS.

Classificação para fins de CRS

As entidades devem prestar muita atenção à classificação de acordo com os regulamentos de CRS, já que certas entidades, tais como General Parnters, Gestor de Investimento ou Investment Advisers podem ser abrangidas como CRFIs para fins de CRS, e podem não ter a mesma classificação para fins de US FATCA.

Nomear um ponto de contato principal (PPOC) e pessoa autorizada

Todas as Instituições Financeiras, RFIs e NRFIs são obrigadas a notificar a Autoridade de Informação Fiscal (“TIA”) um ponto de contato principal (“PPOC”) e uma pessoa fisica autorizada a notificar a TIA de qualquer alteração no PPOC ou na notificação. O prazo para notificação acaba de ser EXTENDIDO até 31 de julho de 2017, e inclui uma carta de autorização assinada por um Diretor /General Parter/ Trustee da Instituição Financeira.

Políticas e Procedimentos Documentados

O CRS exige que os CRFI estabeleçam e mantenham políticas e procedimentos por escrito sobre como cumprir os regulamentos de CRS das Ilhas Cayman, bem como sobre como implementar e cumprir essas políticas e procedimentos. As políticas e procedimentos devem ser documentados e mantidos pela RFI, e devem abordar as obrigações relativas à due diligence, manutenção de registros, notificação e relatórios ao TIA através do portal AEOI de Cayman, bem como informações sobre qualquer delegação das obrigações de CRS, incluindo a contratação de terceiros para a prestação de serviços referentes à CRS.

Correções de relatórios de períodos anteriores

O prazo para corrigir erros nos relatórios de FATCA de 2014 e/ou 2015 é 31 de julho de 2017. O DITC fornecerá orientações adicionais sobre as correções necessárias para certos tipos de erros de relatório de FATCA.

Comunicações com o IRS (receita federal americana)

O IRS tem estado em comunicações ativas com as pessoas listadas como o Responsável (responsible officer) no portal do IRS no que se refere à ação para a renovação de acordos da FFI sob US FATCA. Apesar do fato de que uma renovação não é um requisito para entidades em uma jurisdição do Modelo 1, ainda pode haver ação necessária para validar o status do acordo FFI através do alerta do IRS enviado pela mensagem recebida. Os FATCA Responsible Officers devem prestar muita atenção a tais mensagens para evitar a revogação do registro De seu GIIN e do Acordo FFI.

Como a equipe de International Tax Compliance da DMS pode ajudar

Como líderes na prestação de serviços de tax compliance (“ITC”), a DMS esteve na vanguarda das discussões com os gestores dos EUA, Europa e Ásia sobre a melhor maneira de cumprir com o aumento do volume e a responsabilidade dos relatórios de CRS e FATCA. Com os registros do CRS devidos pela primeira vez em cinquenta e quatro países, temos visto um forte interesse da nossa base de clientes global em delegar a função AEOI a um terceiro que possui os recursos e os conhecimentos necessários para garantir o pleno cumprimento das regras. À medida que os prazos de arquivamento se aproximam, a equipe de ITC da DMS agradece a oportunidade de continuar a discutir nossas soluções de ITC e quaisquer novos requisitos que possam surgir.

Caso tenha alguma dúvida, entre em contato com o DMS ou com qualquer membro da nossa equipe listados abaixo:

Niaz Khan

Niaz Khan

Managing Director, Asia-Pacific

The post FATCA e CRS – VOCÊ ESTÁ PREPARADO? appeared first on DMS Governance.

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