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Asset Management Service
Providers
Industry Challenges & Solutions 2012-2014
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
Contents Contents
1 Preface
2 VAT and Fund Structuring
3 Risk Management & Valuations
4 ISAE 3402
5 Accounting Change
6 Fast Close
7 Tax Compliance
8 AIFM
9 UCITS IV / V
10 FATCA
11 Data Quality and Data Management
12 Performance Improvement
13 Corporate Responsibility
14 Continuous Process
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
1 Preface
The Hong Kong as an international
business location
The Hong Kong is renowned globally as one
of the premier locations for international
business operations. Important factors that
contribute to this reputation include
a productive, well-educated, multilingual
Workforce and an excellent financial,
Operational and technical infrastructure
with world class support services. Service
Providers or Trust Companies are
Independent companies offering services
with regard to the structuring of finance
Companies and structured companies.
Furthermore they are specialists in 
management and administration services to
Companies who are active in the international
Capital markets. Service Providers also
Provide administrative services to private
Equity companies and hedge funds.
Crown Good Asset Management
Group
The Crown Good Asset Management
specialists advise and consulant a substantial
part of the Asset Managers, Investment
Funds, Service Providers and Trust
Companies in the Hong Kong. The
specialists are internationally involved in
our services to financial services clients.
Our (international) network enables us to
support our clients in being responsive to
new developments.
Services to Trust Companies and
Service Providers
Because of our market leadership in
the financial services industry we are
frequently involved in the audits of
financial statements of the Service
Provider‟s clients. Because of our.
knowledge and experience in the sector
we provide several other services with high
added values to Service Providers. We have
summarized the relevant services to
Service Providers in this brochure.
Many Service Providers, Asset Managers,
finance companies and investment
companies make use of our tax, legal
and risk management services of our
Asset Management Group. We also
render services in the field of quantitative
analyses, pricing & valuation and risk
management including validating models.
Our professionals within the Asset
Management Group are involved in
services to Trust Companies, Service
Providers and Asset Managers. They have
a strong focus on your sector.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
Our involvement in the sector creates awareness
of important developments on your agenda‟s and
even more important supports by finding solutions
to help further growth in your business.
In this brochure we bring the following topics to
your attention:
VAT and Fund Structuring
Risk Management and Valuations
ISAE 3402
Accounting Change (IFRS and HK GAAP)
Fast Close
Tax Compliance
AIFM
UCITS IV / V
FATCA
Data Quality and Data Management
Performance Improvement
Corporate Responsibility
Continuous Process Monitoring
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
2 VAT and Fund Structuring
• Challenge
• Value Added Tax („VAT‟) is a significant consideration for Fund Structuring. As per 1 October 2012 the
standard HK VAT rate is 21% making VAT a real and considerable cost for funds that are not in a
position to recover VAT incurred. However, it is possible to mitigate the VAT cost, for example, by
structuring a fund in such a way that the management services provided to it are exempt from VAT.
• A significant part of a fund‟s costs may consist of management fees. It is therefore important to establish
whether or not such fees are exempt from VAT. Asian VAT legislation provides for a VAT exemption
for the management of special investment funds. As a consequence that no VAT is incurred by such
funds on management fees. The implementation of this exemption in Hong Kong legislation is broad and
basically only requires the fund to constitute a „collectivity‟. This requirement is already satisfied if
capital has been raised by
• several (more than one) legal entities or private individuals.
• Since there are various possibilities for achieving a collectivity of assets (e.g., by pooling arrangements)
in the Hong Kong, it is possible to secure a VAT exemption for management services.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
Solution
The Crown Good is a company with a recognized
global capability in the investment funds industry.
Through our global network, we can provide expert
advice and assistance.
Our expertise allows us to provide a wide range of
services among others:
preliminary advice on a suitable structure for a fund
to meet the needs of the promoter and target
investors.
ongoing advice on (VAT) taxation, accounting and
regulatory matters and on general industry
developments.
specific tax advice on cross-border investments,
emerging markets and securities lending.
Why relevant for you?
Taxes need to be managed efficiently and
there is a need to continuously keep track
of changes in tax laws, practices and
regulations. Managing these taxes needs to
be embedded in operational processes.
Moreover, there is an ever increasing focus
on meeting tax compliance obligations by
Service Providers/Trust Companies and
asset managers, investment funds and their
clients. It is also possible, and often useful,
to discuss the fund structure with the
Dutch tax authorities in advance to obtain
their view regarding the VAT position.
This can provide valuable insight
regarding the possible VAT implications
of the structure.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
3 Risk Management & Valuations
Risk Management
Prevailing market conditions in the wake of
the financial crisis are causing plenty of
challenges for risk professionals in the Service
Providers and Asset Management industry.
The threats of financial losses, investor
redemptions and reputational damage are
making risk management a more important
discipline than ever before.
The identification, assessment, monitoring and
reporting of risk and the way risks are
managed in financial companies have changed
dramatically. More traditional risk areas, such
as investment risk, fiduciary/ client mandate
risk and operational risks are becoming more
apparent, while other forms of risk- such as
liquidity risk, valuation risk and counterparty
credit risk-require additional attention.
Furthermore, the volume and complexity of
regulatory measures and requirements is
increasing
Valuations
Service Providers/ Trust Companies and Asset
Managers are using many models for various
purposes (e.g. valuation models, risk analysis
models). Not rarely these models are “End
User Computing” based. Companies using
models have several challenges ahead,
including the implementation of the validation
process. These challenges take time. The
sooner companies start, the sooner they will be
able to get the benefit. Model validation will
help clients to assess the quality and accuracy
of (internal) models and to meet regulatory as
well as internal standards. Furthermore,
companies using models have significant
challenges ahead, including meeting assurance
standards, internal and external requirements
and structuring a model validation.
The development, implementation and
maintenance of models used are complex
processes.
Therefore it is essential to perform periodical
model validations to ensure the models:
function as intended.
incorporate all advances in technology and
methodology.
meet internal and external (regulatory)
standards.
For those accountable and responsible for the
models that are used it is essential to be „in
control‟ of the model and to feel comfortable
with the output from those models.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
The Worst in the business world is the situation of no decision
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
Solution
Crown Good Limited offers several
solutions To assist you with your and
your client‟s risk management:
• An Enterprise Risk Management
framework focused on an integrated
approach including a clear risk
governance structure, specific
risk appetite setting and adequate
management information including all
material risks, that is compliant with
regulatory aspects such as Basel II/ Basel
III and CESR/AFM directives regarding
risk management.
• Operational Risk Management; support
to improve the quality of your ORM,
including a relatively simple approach for
quantitative calculations supporting the
capital calculations as required by ICAAP.
• Risk convergence; focused on alignment
of operational risk management with
compliance, internal audit and corporate
governance relating to internal controls,
creating efficiency and cost reduction.
Model validation relating to internally
developed models regarding valuation of
financial instruments and/or assessing market
risk and counterparty credit risk. With our
extensive experience we are able to provide
various model validation activities to you.
Working in multi-disciplinary teams we can
focus on the technical model elements but also
risk and control related aspects as well as
processes. In this we combine our deep
technical knowledge with industry and best
practice experience on model validation,
parallel rebuilt of the model, audit, review,
quick scan, benchmarking, helping define
validation standards or reviewing those,
reviewing model validation policy and model
governance policies and data validation.
• Valuation services for complex financial
instrument
Why relevant for you?
Crown Good Limited Surveys on Risk
Management for Financial Services clients
provide indications about the future
development of the continued evolution and
strategic importance of the risk function:
Market renewal, regulatory complexity, and
governance drivers are transforming the risk
management function for you as Service
Provider, and moreover for the service to your
clients.
Financial Services Companies are increasingly
pursuing multiple investment styles; aligning
investment risk with other risk discipline is
vital.
Risk and compliance management functions
are converging for financial institutions, given
the raft of new directives and regulatory
measures.
The role and remit of the risk function is
changing – from a perception of „risk
monitoring‟ function reactive to events
towards more of a strategic “enabler of the
business‟
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
It is of foremost concern that we
provide a holistic approach to
risk management that is so
vitally needed.
Contacts
Stanley
crowngood@hong-kong-1.com
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
4 ISAE 3402
Challenge
As an external Service Provider, you have
designed your processes to meet your
clients‟ operational and processing needs
but are you addressing their audit and
compliance needs? If not, you may be
missing a critical client need. You focus
on providing your clients‟ services in an
efficient and effective manner but this may
not be enough. Your clients also need to:
• Understand controls over the processes
they have outsourced and their effect on
their internal controls.
• Evaluate the design of those controls.
• Have confidence that the controls are
functioning as intended.
The IAASB‟s International Standard on
Assurance Engagements 3402, “Assurance
Reports on Controls at a Service
Organization” allows independent auditors
to issue a report that helps meet the
compliance and audit needs of your clients.
Solution
Our approach is focused on helping you
meet your clients‟ audit and compliance
requirements.
We offer the following services:
1 A workshop to uncover the potential
benefits of ISAE 3402 for your
organization.
2 Strategic Risk Analysis to define scope
and create a common understanding
on risks.
3 Design of the ISAE 3402 system
description including control objectives
and controls.
4 Test design & effectiveness of the
operational controls that are in place.
5 ISAE 3402 reporting and certification.
6 Training programs for organizations
who will issue reports under the ISAE
3402 standard..
Why relevant for you?
The introduction of increased regulatory
requirements is one of the main drivers
for growth in the number of service
organizations control reports. Other
service organizations have recognized that
other benefits may be achieved completing
a third party assurance report as it could
provide competitive advantage, since it
is a method of distinguishing a service
organization from its competitors.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
5 IFRS and Hong Kong Gaap
Challenge
The recent financial crisis highlighted the
need for improved accounting for financial
instruments. It also highlighted the need for
consistency, transparency and comparability
in the accounting for and disclosure of such
financial instruments.
IFRS Changes
The application of (amendments to)
IFRS 7 leads to additional disclosures. To
enable the presentation of the requested
disclosures additional calculations and
analyses have to be prepared. Examples of
such additional disclosures are sensitivity
analyses, level I/II/III allocations, IT
consequences, scenario analyses etc. These
elements are time consuming and comprise
a higher risk of errors.
IFRS 9 (which will replace IFRS 39) will lead
to major changes for Service Providers,
Asset managers and their clients in the
field of classifications, hedge accounting,
impairments etcetera. IFRS 9 will be
implemented in the Dutch accounting
standards as well.
IFRS 10 will replace IAS 27 Consolidated
and Separate Financial Statements partially.
Besides the issues related to SIC-12
Consolidated Special Purpose Entities are
added to IFRS 10. The consolidation basis
has to be monitored continuously and
additional disclosure requirements will be
mandatory. An important change in IFRS 10
is the intended exemption (under specific
conditions) for the consolidation of and by
mutual funds.
IFRS 13 establishes a single source for fair
value measurement under IFRS. This new
standard does not change when an entity is
required to use fair value, but rather how to
measure fair value under IFRS. It applies to
both financial assets and liabilities and non
Financial assets and liabilities
Hong Kong GAAP Changes
Further to the identification of a few
ambiguities, new sections have been
included in Hong Kong Accounting Standard
290, Financial Instruments, applicable to
financial statements for 2012.
Section 541 clarifies how results arising
from derivatives measured at cost are
accounted for in the event that cost hedge
accounting is not applied. If the cost of
a derivative exceeds its fair value at the
balance sheet date, the difference must
in any case be recognized in the income
statement, with accrued interest not
included. This also applies to derivatives in
cost hedging relationships to the extent that
the hedge has been ineffective.
The view laid down in Hong Kong Accounting
Standards 122 (Valuation Principles for
Foreign Currencies) and 290 that forward
exchange contracts are monetary items
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
needs to be construed differently in practice.
It is proposed that currency elements in
derivatives be accounted for in accordance
with „the lower of cost and market value‟
rather than at end-of-period exchange rates.
Sections 537a and 537b provide a simplified
alternative for impairment of financial assets
measured at amortized cost that is in line
with the „the lower of cost and market value‟
method. In this case impairment must be
accounted for if amortized cost exceeds the
market value. If and to the extent that such
market value increases in a later period,
impairment losses recognized previously
must be reversed up to an amount not
exceeding the cost that would have been
determined if no impairment had been
involved.
Solution
The current major topics in Financial
Reporting described, require your attention.
CROWN GOOD Limited
Advisory Services, part of our assurance
service line, is dedicated to provide
assistance and solutions resulting from
changes in accounting standards and
regulatory requirements.
This includes financial accounting advice
covering changes in both IFRS standards
and Hong Kong GAAP principles. This also
Includes financial accounting advice covering:
• GAAP conversion support.
• Transaction accounting and financial
reporting advice.
• Accounting and regulatory support.
• Accounting compliance and reporting
assistance.
• Dispute resolutions.
• On-call financial reporting advice.
Why relevant for you?
Ongoing changes and updates to the
Financial Reporting Standards (both
IFRS and Hong Kong GAAP) and regulatory
requirements will impact many aspects of
your business operations, including financial
reporting compliance and information
technology that supports your financial
reporting for clients.
Current and potential clients reporting
under IFRS or Hong Kong GAAP will request
you to deliver interim reporting and year
end reporting of Special Purpose Entities/
Finance Companies/ Investment vehicles
based on IFRS/ Hong Kong GAAP. We can
support you to develop a reporting format
in compliance with IFRS or Dutch GAAP, if
necessary in combination with a reporting
tool
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
6 Fast Close
Challenge
A company‟s management is continually
involved in critical decision-making
processes, relying on both internal
and external information. It is of great
importance that information generated
internally is not just reliable, but also
readily available, in order to provide
management with the best possible
support. In addition, the cost aspect must
be considered. Trends inside a company
(i.e. growth, innovation, and cross-border
operations) and outside (i.e. accounting
rules and tax issues) impact the financial
statement close process and may lead to
unnecessary costs.
An efficient and effective financial
statement close process helps you make
faster and more informed decisions with
regard to your strategy and operational
processes. This means you face fewer risks
and incur lower costs during the financial
statement close process. Furthermore
for Service Providers/Asset Managers the
financial close process for their clients is
a key process. Efficiency, timeliness and
reliability are important quality indicators
for the servicing of their clients.
Solution
Crown Good limited objective is for you
to achieve a faster and more efficient
financial statement close process, without
compromising the reliability of the data.
In that respect Crown Good limited developed
an approach to have your financial period
closed timely, reliable and efficiently. The
financial close process for your client is a
key business process.
Based on the projects we have carried out,
we have identified five important points for
improvement:
• Improving knowledge and prioritization
in-house.
• Standardizing and automating processes.
• Clearly dividing duties and
responsibilities in the closing process.
• Standardizing reports.
• Devoting increased attention to audit
and analysis of the figures for decision
Making purposes.
Why relevant for you?
• Just how efficient is your period closing,
set against your own expectations and,
potentially, comparable businesses?
• By going through a number of questions,
we will be able to determine the
efficiency of your period closing.
• These questions will address the five
aspects listed below.
• Operational Strategy
• Process & Policy
• People & Organization
• Technology & Data
• Performance Management
• The outcome can be used to boost the
Efficiency of your period closing.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
Contacts
Crown Good Ltd
Miramar Tower unit 1010, 10/F 132
Nathan Road, Tsim Sha Tsui Kowlon,
Hong Kong
Contacts
Stanley
crowngood@hong-kong-1.com
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
Why relevant for you?
The QS approach provides you and your
clients with the insight to:
Iimprove cash tax flow by realizing
additional tax cash savings opportunities.
Optimize sustainable reserves and
provisions in corporate income tax returns.
Compare scenarios in order to make
valuable management decisions.
Plan for cash tax and effective tax rates in
future years.
Assess potential tax risks and reduce the
risk by quantifying and correcting.
Maintain a tax control framework and
support horizontal monitoring.
Manage business risks with respect to the
corporate income tax.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
Challenge
The scope of the Alternative Investment
Fund Managers‟ Directive („AIFMD‟) is
broad; it captures the management of
alternative investment funds („AIF‟). This
covers all funds that qualify as a collective
investment undertaking that raises capital
from a number of investors and invests
in accordance with a defined investment
strategy, for the benefit of those investors,
not being a UCITS fund (Undertakings for
Collective Investments in Transferable
Securities). This implicates the majority
of the managers of these non-UCITS
funds will need to comply with the AIFMD
regulations and might need additional
services from their service providers.
One key element of the Directive causes
more concern among AIFMs and their
service providers than others and that is
the role of the depositary and its required
tasks. AIFMs are required to engage an
independent depositary which needs to
be able to perform the required tasks
under the Directive, which are much more
extensive than the current tasks of an
average depositary. The challenge for you
being a service provider is how to adapt
your current operations and business
model to these new requirements and
ensuring your clients and potential clients
can remain compliant under the new
legislation.
Other elements that may cause concern
relate to delegation of tasks and services
by the AIFM, the independent valuation
function, the establishment of risk
management and portfolio management
services and specific (regulatory) reporting
requirements for the AIF/AIFM. These are
all areas where service providers can play a
pivotal role for their clients.
Solution
Crown Good Ltd developed a set of AIFMD
solutions that cover all key elements of the
Directive and all process stages a service
provider may encounter when adapting
its operations to the specific AIFMD
requirements. This varies from initial
AIFMD Quick Scan analysis to operational
implementation and AIFMD attestation
services in order for you and/or your
clients to benefit from our extensive AIFMD
and assurance knowledge and experience.
Why relevant for you?
If the Directive is applicable for you or
your client, it is of utmost importance to
prepare for the effective implementation
since EU Member States have to implement
the Directive in local Member State
law by 22 July 2013. This requires a
pro-active attitude from both service
providers and their clients towards AIFMD
readiness assessment and in developing an
implementation plan in order to become
AIFMD compliant in time.
8 AIFM
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
Contacts
Crown Good Ltd
Miramar Tower unit 1010, 10/F 132
Nathan Road, Tsim Sha Tsui Kowlon,
Hong Kong
Stanley
crowngood@hong-kong-1.com
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong
Kong
9 FATCA
Challenge
Since 2010 the Foreign Account Tax
Compliance Act („FATCA‟), concerning new
US Tax legislation is applicable. This Act
has major influence for investors in US
corporates and hybrid structures.
The FATCA provisions are new US rules
designed to discourage tax evasion by US
citizens and residents. They do this by
strengthening the information reporting
and compliance requirements to offshore
accounts.
FATCA introduces the concept of the
„Foreign Financial Institution‟ („FFI‟). Under
FATCA, a FFI may enter into an agreement
with the US tax authorities (IRS) requiring
it, among others, to report information
on the FFI‟s US accounts. A FFI that
enters into such an agreement becomes a
„Participating FFI‟.
If an FFI does not enter into an agreement
with the IRS (becoming a „non participating
FFI‟), all relevant US-sourced payments
(such as dividends and tax paid by US
corporations) will be subjected to a 30%
withholding tax.
All FFI must comply by 1 January 2013
or be subject to withholding. Given the
significant lead times likely to be involved,
particularly regarding IT system changes,
you need to act now.
To choose to become a participating FFI,
you will typically need to invest in three key
areas:
• Documentation – due to process changes
and a review of their customer base.
• Withholding – building functionality for
withholding on recalcitrant account
holders.
• Reporting – building and sustaining
an annual reporting model for all US
persons to cover account balances and
gross payments.
Solution
To support the FATCA implementation
process Ernst & Young will offer the
services, among others:
• Helping you with your representations
to the US authorities. EY has good
relationships with both the IRS and US
Treasury.
• FATCA impact assessment (FATCA
footprint) and implementation plan.
• Implementation support – this can be
flexible in scope from full program
management support to more ad hoc
services needed.
Why relevant for you?
FATCA is now law with a clear effective
date of 1 January 2013 to comply fully. It
is not an “if” or “when” it is coming, rather
it is “how” you and your clients are going
to meet the requirements and mitigate
the risk of incurring significant costs and
penalties for failure to comply fully.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
Six clear reasons:
Influence the implementation of the law.
Reduce risks that businesses, customers, or
activities are overlooked upon implementation.
Identify synergies with other client data projects
and information gathering for new clients.
Enable effective communication strategies.
A global and cross divisional project.
Manage contemporaneous implementation of
FATCA and Solvency II.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
10 Data Quality and Data Management
Challenge
Regulatory requirements like Basel III and
Solvency II, increase the need to get a
single insight into customers which forces
banks and insurance companies to get in
control of their data. Poor data quality and
explosions of data amounts („big data‟)
result in unnecessary costs in the industry
of hundreds of millions of Euros a year.
There is a serious need for an appropriate
data quality and data management
framework to control your data and turn
data into valuable information.
Solution
We work with our clients to get them
in control of their data and drive value
and profitable action out of it. We have
developed an industry wide proven
data governance, data quality and data
management framework, that enables
you to identify your key data flows,
data attributes and data quality risks,
based on your business target. Our
methodology provides insight into the
quality of your data and supports you in
defining a strategy to improve and cleanse
incorrect data and focuses on the right
interpretation of any irregularities.
Furthermore, we assist you in embedding
data quality measures within your
organization, defining the right roles and
responsibilities and treating your data as
an asset.
Why relevant for you?
Since you have to deal with enormous
amounts of data, fragmented all over your
company and possible „poor‟ data quality
may cost you a lot of money, DNB (Dutch
regulator) pays a lot more attention to data
quality. Also regulations regarding e.g.
cost transparency lead to better insight
into data. So, appropriate data quality and
management framework will help you to
get in control of your data and drive value
and profitable action out of it.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
11 Performance Improvement
Challenge
We recognize the importance of constantly
looking for the right balance between
protecting your business and driving
measurable value.
Based on the projects we have carried out,
we have identified the following typical
client issues:
Operations
• How can I reduce errors, lower cost and
increase agility of my operations?
Enablement
• I am currently spending X M€ on
discretionary projects. Can you help me
understand if I run the right projects?
How I should manage this?
Finance
• How can I reduce the time to close my
books?
• How can I align my finance function to
the current need of the business?
Customer
• Is my current fund portfolio efficient in
serving my clients?
• How can I align value propositions,
products & services to client needs?
Solution
Crown Good Ltd Finance Advisory help
your drive value and we work with you
to improve performance across the
key areas of your businesses: Finance,
Operations, Customer and Enablement.
As a foundation to these key areas of the
business we also provide services in our
enablement competencies: IT Advisory
and Program Advisory. Through our
approach we help embed the processes
and procedures that will enable you to take
advantage of the improvements identified.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
12 Corporate Responsibility
Challenge
The question whether organizations should operate in a socially responsible manner has become rhetorical nowadays. Prompted by specific
expectations from stakeholders, including shareholders, clients and employees, organizations are actively addressing Corporate Responsibility.
With Corporate Responsibility increasingly becoming a priority on the agenda of CEOs and Boards of many organizations, taking the right
approach is becoming an important factor in driving business performance. At the same time, financial profitability remains a requirement to
safeguard a business‟ continued existence. Integrated Report to your main stakeholders on your key impact areas and sustainability issues by
telling them how you performed and what progress you made towards achieving
your stated ambitions and targets. Question: what financial and non-financial information systems do you need to report to your key
stakeholders? Also Responsible Investing has become an important topic, with the trend to provide assurance on this.
Solution
Based on our key strengths as an assurance and advisory firm and the experience we have built over the years, we have developed an approach
to help clients develop and implement an effective corporate responsibility strategy in order to achieve sustainable business excellence. This
model describes five key steps based on a focus of managing change and continuous improvement.
1.Creating Awareness: We will assist you and your clients defining the key issues your organization should address and the types of risk your
organization would be exposed to if it did not address those issues.
2 Strategy Development: We provide assistance in developing your strategy and related Action Plan throughout the organization, supporting
your organization‟s positioning, which results in a hands-on Action Plan and KPIs.
3 Strategy Execution: We provide assistance in executing your performance improvement situation by, for example, measuring your CO2
footprint, developing your low carbon transformation framework and/or defining data and information improvement requirements.
4 Integrated Reporting: We provide support in preparing a Corporate Responsibility report, regardless whether you wish us to help prepare your
First report or request us to assist you in improving your organization‟s
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
13 Continuous Process Monitoring
Challenge
Wherever large amounts of data are processed, errors will be made, even in the most professional companies.
Management simply does not have the instruments to prevent this; for that process control has to be arranged
in detail.
Solution
Continuous Process Monitoring (CPM) is a concept to detect shortcomings in processes, follow up on them
and monitor progress. Crown Good Ltd can act as an external counselor in the CPM implementation process.
Based on the assessment of the current situation, including an impact analyses, we will provide insight into
advantages and required investments.
Why relevant for you?
Since you process a large number of data, it is important to implement a high quality process control
framework.
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong
Kong
Crown Good Limited
|Tax | Transactions | Advisory | consultant
About Crown Good Limited
Crown Good Limited is a global leader in tax, transaction and advisory services. Worldwide, our people are united by our shared values and
an unwavering commitment to quality. We make a difference by helping our people, our clients and our wider communities achieve their
potential.
Crown Good Limited refers to the global organization of member firms of Crown Good Limited, each of which is a separate legal entity.
Crown Good Limited , a Hong Kong company limited by guarantee, does not provide services to clients. For more information about our
organization,
© 2014 CG Limited.
All rights reserved.
This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute
for detailed research or the exercise of professional judgment. Neither CG Limited nor any other member of the global Crown Good organization
can accept any responsibility for loss occasioned to any person acting or refraining from action as a result
CROWN GOOD Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong
Kong
CROWN GOOD Limited Miramar Tower unit
1010, 10/F 132 Nathan Road, Tsim Sha Tsui
Kowlon, Hong Kong
Crown Good Limited
Miramar Tower unit 1010, 10/F 132 Nathan Road,
Tsim Sha Tsui Kowlon,
Hong Kong

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company profile

  • 1. Asset Management Service Providers Industry Challenges & Solutions 2012-2014 CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 2. Contents Contents 1 Preface 2 VAT and Fund Structuring 3 Risk Management & Valuations 4 ISAE 3402 5 Accounting Change 6 Fast Close 7 Tax Compliance 8 AIFM 9 UCITS IV / V 10 FATCA 11 Data Quality and Data Management 12 Performance Improvement 13 Corporate Responsibility 14 Continuous Process CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 3. 1 Preface The Hong Kong as an international business location The Hong Kong is renowned globally as one of the premier locations for international business operations. Important factors that contribute to this reputation include a productive, well-educated, multilingual Workforce and an excellent financial, Operational and technical infrastructure with world class support services. Service Providers or Trust Companies are Independent companies offering services with regard to the structuring of finance Companies and structured companies. Furthermore they are specialists in management and administration services to Companies who are active in the international Capital markets. Service Providers also Provide administrative services to private Equity companies and hedge funds. Crown Good Asset Management Group The Crown Good Asset Management specialists advise and consulant a substantial part of the Asset Managers, Investment Funds, Service Providers and Trust Companies in the Hong Kong. The specialists are internationally involved in our services to financial services clients. Our (international) network enables us to support our clients in being responsive to new developments. Services to Trust Companies and Service Providers Because of our market leadership in the financial services industry we are frequently involved in the audits of financial statements of the Service Provider‟s clients. Because of our. knowledge and experience in the sector we provide several other services with high added values to Service Providers. We have summarized the relevant services to Service Providers in this brochure. Many Service Providers, Asset Managers, finance companies and investment companies make use of our tax, legal and risk management services of our Asset Management Group. We also render services in the field of quantitative analyses, pricing & valuation and risk management including validating models. Our professionals within the Asset Management Group are involved in services to Trust Companies, Service Providers and Asset Managers. They have a strong focus on your sector. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 4. Our involvement in the sector creates awareness of important developments on your agenda‟s and even more important supports by finding solutions to help further growth in your business. In this brochure we bring the following topics to your attention: VAT and Fund Structuring Risk Management and Valuations ISAE 3402 Accounting Change (IFRS and HK GAAP) Fast Close Tax Compliance AIFM UCITS IV / V FATCA Data Quality and Data Management Performance Improvement Corporate Responsibility Continuous Process Monitoring CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 5. 2 VAT and Fund Structuring • Challenge • Value Added Tax („VAT‟) is a significant consideration for Fund Structuring. As per 1 October 2012 the standard HK VAT rate is 21% making VAT a real and considerable cost for funds that are not in a position to recover VAT incurred. However, it is possible to mitigate the VAT cost, for example, by structuring a fund in such a way that the management services provided to it are exempt from VAT. • A significant part of a fund‟s costs may consist of management fees. It is therefore important to establish whether or not such fees are exempt from VAT. Asian VAT legislation provides for a VAT exemption for the management of special investment funds. As a consequence that no VAT is incurred by such funds on management fees. The implementation of this exemption in Hong Kong legislation is broad and basically only requires the fund to constitute a „collectivity‟. This requirement is already satisfied if capital has been raised by • several (more than one) legal entities or private individuals. • Since there are various possibilities for achieving a collectivity of assets (e.g., by pooling arrangements) in the Hong Kong, it is possible to secure a VAT exemption for management services. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 6. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong Solution The Crown Good is a company with a recognized global capability in the investment funds industry. Through our global network, we can provide expert advice and assistance. Our expertise allows us to provide a wide range of services among others: preliminary advice on a suitable structure for a fund to meet the needs of the promoter and target investors. ongoing advice on (VAT) taxation, accounting and regulatory matters and on general industry developments. specific tax advice on cross-border investments, emerging markets and securities lending. Why relevant for you? Taxes need to be managed efficiently and there is a need to continuously keep track of changes in tax laws, practices and regulations. Managing these taxes needs to be embedded in operational processes. Moreover, there is an ever increasing focus on meeting tax compliance obligations by Service Providers/Trust Companies and asset managers, investment funds and their clients. It is also possible, and often useful, to discuss the fund structure with the Dutch tax authorities in advance to obtain their view regarding the VAT position. This can provide valuable insight regarding the possible VAT implications of the structure. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 7. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong 3 Risk Management & Valuations Risk Management Prevailing market conditions in the wake of the financial crisis are causing plenty of challenges for risk professionals in the Service Providers and Asset Management industry. The threats of financial losses, investor redemptions and reputational damage are making risk management a more important discipline than ever before. The identification, assessment, monitoring and reporting of risk and the way risks are managed in financial companies have changed dramatically. More traditional risk areas, such as investment risk, fiduciary/ client mandate risk and operational risks are becoming more apparent, while other forms of risk- such as liquidity risk, valuation risk and counterparty credit risk-require additional attention. Furthermore, the volume and complexity of regulatory measures and requirements is increasing Valuations Service Providers/ Trust Companies and Asset Managers are using many models for various purposes (e.g. valuation models, risk analysis models). Not rarely these models are “End User Computing” based. Companies using models have several challenges ahead, including the implementation of the validation process. These challenges take time. The sooner companies start, the sooner they will be able to get the benefit. Model validation will help clients to assess the quality and accuracy of (internal) models and to meet regulatory as well as internal standards. Furthermore, companies using models have significant challenges ahead, including meeting assurance standards, internal and external requirements and structuring a model validation. The development, implementation and maintenance of models used are complex processes. Therefore it is essential to perform periodical model validations to ensure the models: function as intended. incorporate all advances in technology and methodology. meet internal and external (regulatory) standards. For those accountable and responsible for the models that are used it is essential to be „in control‟ of the model and to feel comfortable with the output from those models. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 8. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong The Worst in the business world is the situation of no decision
  • 9. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong Solution Crown Good Limited offers several solutions To assist you with your and your client‟s risk management: • An Enterprise Risk Management framework focused on an integrated approach including a clear risk governance structure, specific risk appetite setting and adequate management information including all material risks, that is compliant with regulatory aspects such as Basel II/ Basel III and CESR/AFM directives regarding risk management. • Operational Risk Management; support to improve the quality of your ORM, including a relatively simple approach for quantitative calculations supporting the capital calculations as required by ICAAP. • Risk convergence; focused on alignment of operational risk management with compliance, internal audit and corporate governance relating to internal controls, creating efficiency and cost reduction. Model validation relating to internally developed models regarding valuation of financial instruments and/or assessing market risk and counterparty credit risk. With our extensive experience we are able to provide various model validation activities to you. Working in multi-disciplinary teams we can focus on the technical model elements but also risk and control related aspects as well as processes. In this we combine our deep technical knowledge with industry and best practice experience on model validation, parallel rebuilt of the model, audit, review, quick scan, benchmarking, helping define validation standards or reviewing those, reviewing model validation policy and model governance policies and data validation. • Valuation services for complex financial instrument Why relevant for you? Crown Good Limited Surveys on Risk Management for Financial Services clients provide indications about the future development of the continued evolution and strategic importance of the risk function: Market renewal, regulatory complexity, and governance drivers are transforming the risk management function for you as Service Provider, and moreover for the service to your clients. Financial Services Companies are increasingly pursuing multiple investment styles; aligning investment risk with other risk discipline is vital. Risk and compliance management functions are converging for financial institutions, given the raft of new directives and regulatory measures. The role and remit of the risk function is changing – from a perception of „risk monitoring‟ function reactive to events towards more of a strategic “enabler of the business‟ CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 10. It is of foremost concern that we provide a holistic approach to risk management that is so vitally needed. Contacts Stanley crowngood@hong-kong-1.com CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 11. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong 4 ISAE 3402 Challenge As an external Service Provider, you have designed your processes to meet your clients‟ operational and processing needs but are you addressing their audit and compliance needs? If not, you may be missing a critical client need. You focus on providing your clients‟ services in an efficient and effective manner but this may not be enough. Your clients also need to: • Understand controls over the processes they have outsourced and their effect on their internal controls. • Evaluate the design of those controls. • Have confidence that the controls are functioning as intended. The IAASB‟s International Standard on Assurance Engagements 3402, “Assurance Reports on Controls at a Service Organization” allows independent auditors to issue a report that helps meet the compliance and audit needs of your clients. Solution Our approach is focused on helping you meet your clients‟ audit and compliance requirements. We offer the following services: 1 A workshop to uncover the potential benefits of ISAE 3402 for your organization. 2 Strategic Risk Analysis to define scope and create a common understanding on risks. 3 Design of the ISAE 3402 system description including control objectives and controls. 4 Test design & effectiveness of the operational controls that are in place. 5 ISAE 3402 reporting and certification. 6 Training programs for organizations who will issue reports under the ISAE 3402 standard.. Why relevant for you? The introduction of increased regulatory requirements is one of the main drivers for growth in the number of service organizations control reports. Other service organizations have recognized that other benefits may be achieved completing a third party assurance report as it could provide competitive advantage, since it is a method of distinguishing a service organization from its competitors. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 12. 5 IFRS and Hong Kong Gaap Challenge The recent financial crisis highlighted the need for improved accounting for financial instruments. It also highlighted the need for consistency, transparency and comparability in the accounting for and disclosure of such financial instruments. IFRS Changes The application of (amendments to) IFRS 7 leads to additional disclosures. To enable the presentation of the requested disclosures additional calculations and analyses have to be prepared. Examples of such additional disclosures are sensitivity analyses, level I/II/III allocations, IT consequences, scenario analyses etc. These elements are time consuming and comprise a higher risk of errors. IFRS 9 (which will replace IFRS 39) will lead to major changes for Service Providers, Asset managers and their clients in the field of classifications, hedge accounting, impairments etcetera. IFRS 9 will be implemented in the Dutch accounting standards as well. IFRS 10 will replace IAS 27 Consolidated and Separate Financial Statements partially. Besides the issues related to SIC-12 Consolidated Special Purpose Entities are added to IFRS 10. The consolidation basis has to be monitored continuously and additional disclosure requirements will be mandatory. An important change in IFRS 10 is the intended exemption (under specific conditions) for the consolidation of and by mutual funds. IFRS 13 establishes a single source for fair value measurement under IFRS. This new standard does not change when an entity is required to use fair value, but rather how to measure fair value under IFRS. It applies to both financial assets and liabilities and non Financial assets and liabilities Hong Kong GAAP Changes Further to the identification of a few ambiguities, new sections have been included in Hong Kong Accounting Standard 290, Financial Instruments, applicable to financial statements for 2012. Section 541 clarifies how results arising from derivatives measured at cost are accounted for in the event that cost hedge accounting is not applied. If the cost of a derivative exceeds its fair value at the balance sheet date, the difference must in any case be recognized in the income statement, with accrued interest not included. This also applies to derivatives in cost hedging relationships to the extent that the hedge has been ineffective. The view laid down in Hong Kong Accounting Standards 122 (Valuation Principles for Foreign Currencies) and 290 that forward exchange contracts are monetary items CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 13. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong needs to be construed differently in practice. It is proposed that currency elements in derivatives be accounted for in accordance with „the lower of cost and market value‟ rather than at end-of-period exchange rates. Sections 537a and 537b provide a simplified alternative for impairment of financial assets measured at amortized cost that is in line with the „the lower of cost and market value‟ method. In this case impairment must be accounted for if amortized cost exceeds the market value. If and to the extent that such market value increases in a later period, impairment losses recognized previously must be reversed up to an amount not exceeding the cost that would have been determined if no impairment had been involved. Solution The current major topics in Financial Reporting described, require your attention. CROWN GOOD Limited Advisory Services, part of our assurance service line, is dedicated to provide assistance and solutions resulting from changes in accounting standards and regulatory requirements. This includes financial accounting advice covering changes in both IFRS standards and Hong Kong GAAP principles. This also Includes financial accounting advice covering: • GAAP conversion support. • Transaction accounting and financial reporting advice. • Accounting and regulatory support. • Accounting compliance and reporting assistance. • Dispute resolutions. • On-call financial reporting advice. Why relevant for you? Ongoing changes and updates to the Financial Reporting Standards (both IFRS and Hong Kong GAAP) and regulatory requirements will impact many aspects of your business operations, including financial reporting compliance and information technology that supports your financial reporting for clients. Current and potential clients reporting under IFRS or Hong Kong GAAP will request you to deliver interim reporting and year end reporting of Special Purpose Entities/ Finance Companies/ Investment vehicles based on IFRS/ Hong Kong GAAP. We can support you to develop a reporting format in compliance with IFRS or Dutch GAAP, if necessary in combination with a reporting tool CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 14. 6 Fast Close Challenge A company‟s management is continually involved in critical decision-making processes, relying on both internal and external information. It is of great importance that information generated internally is not just reliable, but also readily available, in order to provide management with the best possible support. In addition, the cost aspect must be considered. Trends inside a company (i.e. growth, innovation, and cross-border operations) and outside (i.e. accounting rules and tax issues) impact the financial statement close process and may lead to unnecessary costs. An efficient and effective financial statement close process helps you make faster and more informed decisions with regard to your strategy and operational processes. This means you face fewer risks and incur lower costs during the financial statement close process. Furthermore for Service Providers/Asset Managers the financial close process for their clients is a key process. Efficiency, timeliness and reliability are important quality indicators for the servicing of their clients. Solution Crown Good limited objective is for you to achieve a faster and more efficient financial statement close process, without compromising the reliability of the data. In that respect Crown Good limited developed an approach to have your financial period closed timely, reliable and efficiently. The financial close process for your client is a key business process. Based on the projects we have carried out, we have identified five important points for improvement: • Improving knowledge and prioritization in-house. • Standardizing and automating processes. • Clearly dividing duties and responsibilities in the closing process. • Standardizing reports. • Devoting increased attention to audit and analysis of the figures for decision Making purposes. Why relevant for you? • Just how efficient is your period closing, set against your own expectations and, potentially, comparable businesses? • By going through a number of questions, we will be able to determine the efficiency of your period closing. • These questions will address the five aspects listed below. • Operational Strategy • Process & Policy • People & Organization • Technology & Data • Performance Management • The outcome can be used to boost the Efficiency of your period closing. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 15. Contacts Crown Good Ltd Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong Contacts Stanley crowngood@hong-kong-1.com CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 16. Why relevant for you? The QS approach provides you and your clients with the insight to: Iimprove cash tax flow by realizing additional tax cash savings opportunities. Optimize sustainable reserves and provisions in corporate income tax returns. Compare scenarios in order to make valuable management decisions. Plan for cash tax and effective tax rates in future years. Assess potential tax risks and reduce the risk by quantifying and correcting. Maintain a tax control framework and support horizontal monitoring. Manage business risks with respect to the corporate income tax. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 17. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong Challenge The scope of the Alternative Investment Fund Managers‟ Directive („AIFMD‟) is broad; it captures the management of alternative investment funds („AIF‟). This covers all funds that qualify as a collective investment undertaking that raises capital from a number of investors and invests in accordance with a defined investment strategy, for the benefit of those investors, not being a UCITS fund (Undertakings for Collective Investments in Transferable Securities). This implicates the majority of the managers of these non-UCITS funds will need to comply with the AIFMD regulations and might need additional services from their service providers. One key element of the Directive causes more concern among AIFMs and their service providers than others and that is the role of the depositary and its required tasks. AIFMs are required to engage an independent depositary which needs to be able to perform the required tasks under the Directive, which are much more extensive than the current tasks of an average depositary. The challenge for you being a service provider is how to adapt your current operations and business model to these new requirements and ensuring your clients and potential clients can remain compliant under the new legislation. Other elements that may cause concern relate to delegation of tasks and services by the AIFM, the independent valuation function, the establishment of risk management and portfolio management services and specific (regulatory) reporting requirements for the AIF/AIFM. These are all areas where service providers can play a pivotal role for their clients. Solution Crown Good Ltd developed a set of AIFMD solutions that cover all key elements of the Directive and all process stages a service provider may encounter when adapting its operations to the specific AIFMD requirements. This varies from initial AIFMD Quick Scan analysis to operational implementation and AIFMD attestation services in order for you and/or your clients to benefit from our extensive AIFMD and assurance knowledge and experience. Why relevant for you? If the Directive is applicable for you or your client, it is of utmost importance to prepare for the effective implementation since EU Member States have to implement the Directive in local Member State law by 22 July 2013. This requires a pro-active attitude from both service providers and their clients towards AIFMD readiness assessment and in developing an implementation plan in order to become AIFMD compliant in time. 8 AIFM CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 18. Contacts Crown Good Ltd Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong Stanley crowngood@hong-kong-1.com CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 19. 9 FATCA Challenge Since 2010 the Foreign Account Tax Compliance Act („FATCA‟), concerning new US Tax legislation is applicable. This Act has major influence for investors in US corporates and hybrid structures. The FATCA provisions are new US rules designed to discourage tax evasion by US citizens and residents. They do this by strengthening the information reporting and compliance requirements to offshore accounts. FATCA introduces the concept of the „Foreign Financial Institution‟ („FFI‟). Under FATCA, a FFI may enter into an agreement with the US tax authorities (IRS) requiring it, among others, to report information on the FFI‟s US accounts. A FFI that enters into such an agreement becomes a „Participating FFI‟. If an FFI does not enter into an agreement with the IRS (becoming a „non participating FFI‟), all relevant US-sourced payments (such as dividends and tax paid by US corporations) will be subjected to a 30% withholding tax. All FFI must comply by 1 January 2013 or be subject to withholding. Given the significant lead times likely to be involved, particularly regarding IT system changes, you need to act now. To choose to become a participating FFI, you will typically need to invest in three key areas: • Documentation – due to process changes and a review of their customer base. • Withholding – building functionality for withholding on recalcitrant account holders. • Reporting – building and sustaining an annual reporting model for all US persons to cover account balances and gross payments. Solution To support the FATCA implementation process Ernst & Young will offer the services, among others: • Helping you with your representations to the US authorities. EY has good relationships with both the IRS and US Treasury. • FATCA impact assessment (FATCA footprint) and implementation plan. • Implementation support – this can be flexible in scope from full program management support to more ad hoc services needed. Why relevant for you? FATCA is now law with a clear effective date of 1 January 2013 to comply fully. It is not an “if” or “when” it is coming, rather it is “how” you and your clients are going to meet the requirements and mitigate the risk of incurring significant costs and penalties for failure to comply fully. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 20. Six clear reasons: Influence the implementation of the law. Reduce risks that businesses, customers, or activities are overlooked upon implementation. Identify synergies with other client data projects and information gathering for new clients. Enable effective communication strategies. A global and cross divisional project. Manage contemporaneous implementation of FATCA and Solvency II. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 21. 10 Data Quality and Data Management Challenge Regulatory requirements like Basel III and Solvency II, increase the need to get a single insight into customers which forces banks and insurance companies to get in control of their data. Poor data quality and explosions of data amounts („big data‟) result in unnecessary costs in the industry of hundreds of millions of Euros a year. There is a serious need for an appropriate data quality and data management framework to control your data and turn data into valuable information. Solution We work with our clients to get them in control of their data and drive value and profitable action out of it. We have developed an industry wide proven data governance, data quality and data management framework, that enables you to identify your key data flows, data attributes and data quality risks, based on your business target. Our methodology provides insight into the quality of your data and supports you in defining a strategy to improve and cleanse incorrect data and focuses on the right interpretation of any irregularities. Furthermore, we assist you in embedding data quality measures within your organization, defining the right roles and responsibilities and treating your data as an asset. Why relevant for you? Since you have to deal with enormous amounts of data, fragmented all over your company and possible „poor‟ data quality may cost you a lot of money, DNB (Dutch regulator) pays a lot more attention to data quality. Also regulations regarding e.g. cost transparency lead to better insight into data. So, appropriate data quality and management framework will help you to get in control of your data and drive value and profitable action out of it. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 22. 11 Performance Improvement Challenge We recognize the importance of constantly looking for the right balance between protecting your business and driving measurable value. Based on the projects we have carried out, we have identified the following typical client issues: Operations • How can I reduce errors, lower cost and increase agility of my operations? Enablement • I am currently spending X M€ on discretionary projects. Can you help me understand if I run the right projects? How I should manage this? Finance • How can I reduce the time to close my books? • How can I align my finance function to the current need of the business? Customer • Is my current fund portfolio efficient in serving my clients? • How can I align value propositions, products & services to client needs? Solution Crown Good Ltd Finance Advisory help your drive value and we work with you to improve performance across the key areas of your businesses: Finance, Operations, Customer and Enablement. As a foundation to these key areas of the business we also provide services in our enablement competencies: IT Advisory and Program Advisory. Through our approach we help embed the processes and procedures that will enable you to take advantage of the improvements identified. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 23. 12 Corporate Responsibility Challenge The question whether organizations should operate in a socially responsible manner has become rhetorical nowadays. Prompted by specific expectations from stakeholders, including shareholders, clients and employees, organizations are actively addressing Corporate Responsibility. With Corporate Responsibility increasingly becoming a priority on the agenda of CEOs and Boards of many organizations, taking the right approach is becoming an important factor in driving business performance. At the same time, financial profitability remains a requirement to safeguard a business‟ continued existence. Integrated Report to your main stakeholders on your key impact areas and sustainability issues by telling them how you performed and what progress you made towards achieving your stated ambitions and targets. Question: what financial and non-financial information systems do you need to report to your key stakeholders? Also Responsible Investing has become an important topic, with the trend to provide assurance on this. Solution Based on our key strengths as an assurance and advisory firm and the experience we have built over the years, we have developed an approach to help clients develop and implement an effective corporate responsibility strategy in order to achieve sustainable business excellence. This model describes five key steps based on a focus of managing change and continuous improvement. 1.Creating Awareness: We will assist you and your clients defining the key issues your organization should address and the types of risk your organization would be exposed to if it did not address those issues. 2 Strategy Development: We provide assistance in developing your strategy and related Action Plan throughout the organization, supporting your organization‟s positioning, which results in a hands-on Action Plan and KPIs. 3 Strategy Execution: We provide assistance in executing your performance improvement situation by, for example, measuring your CO2 footprint, developing your low carbon transformation framework and/or defining data and information improvement requirements. 4 Integrated Reporting: We provide support in preparing a Corporate Responsibility report, regardless whether you wish us to help prepare your First report or request us to assist you in improving your organization‟s CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 24. 13 Continuous Process Monitoring Challenge Wherever large amounts of data are processed, errors will be made, even in the most professional companies. Management simply does not have the instruments to prevent this; for that process control has to be arranged in detail. Solution Continuous Process Monitoring (CPM) is a concept to detect shortcomings in processes, follow up on them and monitor progress. Crown Good Ltd can act as an external counselor in the CPM implementation process. Based on the assessment of the current situation, including an impact analyses, we will provide insight into advantages and required investments. Why relevant for you? Since you process a large number of data, it is important to implement a high quality process control framework. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 25. Crown Good Limited |Tax | Transactions | Advisory | consultant About Crown Good Limited Crown Good Limited is a global leader in tax, transaction and advisory services. Worldwide, our people are united by our shared values and an unwavering commitment to quality. We make a difference by helping our people, our clients and our wider communities achieve their potential. Crown Good Limited refers to the global organization of member firms of Crown Good Limited, each of which is a separate legal entity. Crown Good Limited , a Hong Kong company limited by guarantee, does not provide services to clients. For more information about our organization, © 2014 CG Limited. All rights reserved. This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Neither CG Limited nor any other member of the global Crown Good organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong
  • 26. CROWN GOOD Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong Crown Good Limited Miramar Tower unit 1010, 10/F 132 Nathan Road, Tsim Sha Tsui Kowlon, Hong Kong