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CFTC: Concept Release on Risk Controls and System Safeguards for Automated Trading

Yesterday, the Commodity Futures Trading Commission (CFTC) produced their concept release on "Risk Controls and System Safeguards for Automated Trading Environments" (PDF). The CFTC is hoping to evaluate the efficacy of currently implemented risk control mechanisms that may have been sufficient for "human judgment and speeds" but may no longer be sufficient in the present environment of automated and interconnected high-frequency trading.

After reviewing the present status of automated...

Illiquid ETFs and SEC Market Maker Incentives

There is now nearly $1.5 trillion invested in exchange-traded products (ETPs) in some 1,400 exchange-traded funds and exchange-traded notes. However, not all of that huge sum is distributed evenly. Some funds, like SPY, have huge assets under management, while many others struggle to top $10 million. Often, issuers will close lightly-traded ETPs (leading to substantial turnover each year), but if they don't, the market price of an ETP can often deviate from the net asset value of its...

SEC Litigation Releases: Week in Review - September 6th, 2013

SEC Charges Perpetrator of Fraudulent Free-Riding and Securities Offering Schemes
September 3, 2013, (Litigation Release No. 22791)
According to the complaint, Ronald Feldstein and his entities, Mara Capital Management LLC and Vita Health of America LLC, "engaged in illegal free-riding by purchasing stock" through broker-dealers to whom Feldstein portrayed himself as a money manager. The alleged "free-riding" scheme resulted in "over $2 million in losses" to the broker-dealers. Additionally,...

Five Broker-Dealers Ordered to Pay over $10 Million in Restitution for Non-Traded REIT Sales

Back in May, Massachusetts securities regulators ordered five independent broker-dealers to pay over $6 million in fines and restitution for improperly selling non-traded REITs. It also settled separately with another broker-dealer, LPL Financial, for an additional $2.5 million. Just yesterday, Secretary of the Commonwealth William Galvin announced an additional settlement with the same five broker-dealers for an additional $10.75 million in additional restitution for improper sales of...

Risk Retention in Collateralized Loan Obligations

Last week we covered the SEC's proposed risk retention rules for securitized assets such as collateralized debt obligations (CDOs) and mortgage backed securities (MBS). One of the reasons why these types of structured deals are so complex is because they are divided into many different securities, called 'tranches,' with different levels of risk. We explained tranching in our post, What is a CDO, Anyway?

The new proposed rules require sponsors of securitizations to keep at least 5% of each...

Why Do Volatility ETPs Reverse Split?

We still get a lot of questions about VXX, TVIX, and all of the other VIX-related exchange-traded products(ETPs). We've talked before about the persistent loss of value due to negative roll yield, as well as issues surrounding TVIX's suspension of share creations. We've also talked about some of the newer volatility products that attempt to mitigate some of the issues with the older generation of products. We've also analyzed whether VIX-based ETFs could serve as a hedge to equity...

SEC Litigation Releases: Week in Review - August 30th, 2013

SEC Charges Oklahoma Investment Adviser and Cohort with Fraud
August 27, 2013, (Litigation Release No. 22789)
According to the complaint, former investment adviser Larry J. Dearman, Sr. "invested his clients in various businesses that" his close friend, Marya Gray, "owned in Bartlesville, Oklahoma." According to the SEC, Dearman and Gray misled investors "about the safety of the investments and how their funds would be used, telling them, for instance, that investor funds would be used to...

Regulators Soften on Credit Risk Retention Rule

Yesterday financial regulators proposed a revised rule addressing the retention of credit risk for sponsors of securitizations -- see the proposed rule .1 The thought is that by removing the separation between the origination and securitization of loans, lenders will focus more on the quality of loans rather than the quantity, as they would have to keep some 'skin in the game' when structuring asset-backed securities.

The original March 2011 proposal required securitizers to retain at least...

Limit Up/Limit Down Rules and the NYSE

Nearly a year after the "flash crash" of May 6, 2010, the Securities and Exchange Commission (SEC) proposed a "limit up-limit down" mechanism that would limit the trading prices for listed equity securities to within a range near recent prices -- effectively limiting the realizable volatility of the price movements.1 The proposal called for price bands around the average price over the preceding five-minute period and would prevent execution of trades outside of these bands. The proposal was...

Cat Bonds and Contamination Risk

Many pension funds have struggled to achieve sufficient return on their investments in the current low interest rate environment. Some have begun investing in insurance-linked securities, particularly catastrophe ('cat') bonds. You can find our primer on insurance-linked securities on our blog post, "The Basics of Insurance Linked Securities"; essentially, insurance companies issue cat bonds to transfer the risk of catastrophic losses to investors, meaning cat bond investors suffer losses in...

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