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Higher Expected Returns Only Come from Higher Risk: The Case of 130/30 Strategies

JP Morgan recently released an "Investment Insight" that puts the spotlight on 130/30 strategies, which are used by several mutual funds and ETFs from a variety of issuers. A 130/30 strategy involves selling short 30% of the assets in a portfolio and using the proceeds to leverage the long securities to 130% of initial assets. The securities that are shorted are expected by the portfolio manager to depreciate during the holding period (overvalued) while the assets that are purchased are...

Fitch Rolls Out New Ratings Indenture Abstract

It is looking more and more like collateralized debt obligations (CDOs) and other asset-backed securities -- the 'toxic' assets highlighted as some of the worst excesses of the financial crisis -- are back. And while the agencies that rate asset-backed securities are still at the center of the debate over the validity of these investments, at least one of them is trying to improve its explanation of their labyrinthine terms and conditions.

Fitch has recently published the first example of...

New FINRA Guidelines for Non-Traded and Private REITs

In recent months, FINRA has been investigating how non-traded and private real estate investment trusts (REITs) are presented to retail investors. Last week, FINRA alerted broker-dealers that they had uncovered "deficiencies" in how these investments are sold, and issued Regulatory Notice 13-18 "to provide guidance to firms on communications with the public concerning unlisted real estate investment programs, including unlisted real estate investment trusts (REITs) and unlisted direct...

SEC Charges Victorville, CA and Airport Authority with Securities Fraud

Earlier this week, the SEC charged the City of Victorville, California and several other entities with municipal bond fraud. The charges relate to a $13.3 million 2008 bond offering by the Southern California Logistics Airport (SCLA) Authority, which was intended to refinance an "ill-conceived" redevelopment project for airplane hangers at the former George Air Force Base, which closed in 1992.

Municipal bonds are sometimes considered among the safest investments available. Municipal bond...

Valuations of Non-Traded REITs

Earlier this week, the Investment Program Association (IPA) presented their guidelines for the valuation of publicly registered non-listed REITs. According to the IPA, these guidelines are supposed to "enhance the independence of the valuation process" and "enhance the quality of valuation disclosures to the investing public." For a discussion of the guidelines, see Brian Louis's recent story on Bloomberg.com.

Non-traded REITs -- real estate investment trusts that are registered with the SEC...

ISDA Announces Market Agreed Coupon Contract for OTC Interest Rate Swaps

The International Swaps and Derivatives Association (ISDA) just announced the publication of a standardized form for over-the-counter (OTC) interest rate swaps called the Market Agreed Coupon (MAC) contract. The contract attempts to standardize the offering of interest rate swaps in the OTC market by specifying available tenors (1, 2, 3, 5, 7, 10, 15, 20 and 30 years), coupon increments (25 basis points), effective dates (IMM dates) and currencies (USD, EUR, GBP, JPY, CAD and AUD).

The MAC...

FINRA Fines Merrill Lynch for Failing to Provide Best Execution to Customers

FINRA announced yesterday that it has fined Merrill Lynch more than one million dollars "for failing to provide best execution in certain customer transactions involving non-convertible preferred securities executed on one of its proprietary order management systems (ML BondMarket)" as well as inadequate supervision.

FINRA's Department of Market Regulation found what amounts to a systematic issue in the ML BondMarket software that prevented customer orders from being evaluated at the most...

Major Tenants-in-Common Sponsor Charged with Fraud

Four former executives of DBSI, one of the largest sponsors of tenants-in-common (TIC) interests, have been indicted on 83 counts of securities fraud, wire fraud, mail fraud, and interstate transportation of stolen property. The indictment is seeking approximately $169 million in forfeiture of properties and assets, alleging that the executives misrepresented the financial condition of DBSI to potential investors. The executives named wereformer president Douglas Swenson, general counsel...

Credit Spread Futures and the Futurization of CDS

Yesterday S&P Dow Jones Indices announced the launch of three credit spread indices based upon constituents of the S&P 500. The indices are part of a suite of indices that "are designed to track the credit default swap market for global corporate credits, including those in distinct Global Industry Classification Standard (GICS®) sectors and sub-industries".*

S&P Dow Jones licensed the indices to the electronic exchange trueEX-- "the world's first CFTC-designated, Dodd-Frank compliant...

Fees on Structured Products Rise as Sales Increase

Kevin Dugan recently reported that fees on structured products linked to stocks have risen to their highest level in three years. In particular Kevin notes that "issuers and underwriters earned $137.7 million in disclosed fees, or 1.95 percent of the $7.08 billion of equity-tied securities" that have a stated commission. Average fees have ranged from less than 1.5% to nearly 2% over the past three years.

The increase in average fees is likely due to the increase in average term for products...

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