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Softing and Bundling
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Softing - Bundling - Conduct of Business Sourcebook (Use of Dealing Commission) Instrument 2005 - Institutional Funds - Soft Commission - FSA - Retail Investment Funds

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22 November 2005

Law Now

http://www.law-now.com

Softing and Bundling

The new Conduct of Business Sourcebook (Use of Dealing Commission) Instrument 2005 will soon come into force on 1 January 2006. The new provisions will restrict the investment managers use of dealing commission to the purchase of goods or services related to the execution of trades or the provision of research and requiring adequate prior and periodic disclosure of such arrangements. These measures will have a significant impact on the institutional funds industry.

The key points to be noted are that:

Softing and bundling arrangements between investment mangers and brokers will be limited to the purchase of goods or services related to the execution of trades or the provision of research only

Investment managers must make prior and periodic disclosures of the arrangements they enter into for the receipt of goods or services that relate to the execution of trades or the provision of research

Disclosure of the above arrangements must include details of the goods or services received

The term soft commission will become redundant.

Similarly, the FSA is currently consulting on the bundled brokerage and soft commission arrangements for retail investment funds. It is proposed that an individual or a body should be appointed to act as an investor representative for behalf of retail investors. The role of that person is to consider the new disclosures to be made by investment managers and interact with them where necessary.

To view an article containing a more detailed analysis of the above, please click on or copy/paste the following link:

http://www.law-now.com/CS2000/internet/EN/co50law-now/co55archive/2005/softingandbundling.htm?section=email

For more information please contact

Simon Morris at simon.morris@cms-cmck.com

or on +44 (0)20 7367 2702.  




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