BETA

44 Amendments of Wolf KLINZ related to 2007/2238(INI)

Amendment 10 #
Motion for a resolution
Recital A
A. whereas there is at present insufficientno specific EU regulation of hedge funds and private equity, many EU and national regulations cover aspects of their activities,
2008/05/19
Committee: ECON
Amendment 13 #
Motion for a resolution
Recital C
C. whereas the Commission has not responded positively to Parliament's earlier requests, including those made in itsall aspects of above-mentioned resolutions of 15 January 2004, 27 April 2006, 11 July 2007, 13 December 2007),
2008/05/19
Committee: ECON
Amendment 19 #
Motion for a resolution
Recital E
E. whereas several global, EU and national institutions have, long before the current financial crisis, voiced their concerns in relation to hedge funds and private equity about financial stability, inadequate risk management, excessive debt (leverage) taken steps and made recommendations in relation to:- on the one hand financial institutions' exposure to hedge funds and the framing of these exposures in institutions' overall risk management, and on the other hand the valuation of illiquid and complex financial instruments, by all financial managers,
2008/05/19
Committee: ECON
Amendment 24 #
Draft opinion
Paragraph 7
7. Urges the Commission to introduce a uniform definition of private placement in the EUestablish a European private placement regime in order to eliminate obstacles to cross- border distribution for alternative investments.
2008/05/08
Committee: JURI
Amendment 25 #
Motion for a resolution
Recital F
F. whereas there is empirical evidence thatsome hedge funds may engage in herding in times of market turmoil, thus giving rise toin the EU this is largely due to counterparty pressure for deleveraging and it is also evident that the varying hedge fund strategies mean they can help mitigate financial instability concerns,
2008/05/19
Committee: ECON
Amendment 36 #
Motion for a resolution
Recital I
I. whereas hedge funds and private equity in many cases provide liquidity and demand for, help correct market inefficiencies, and foster diversification and the creation of new, innovative products,
2008/05/19
Committee: ECON
Amendment 40 #
Motion for a resolution
Recital J
J. whereas financial stability also requires better supervisory cooperation, including globally, which logically requires, in due course, a comprehensive revision of currentcontinuing improvements in EU supervisory arrangements,
2008/05/19
Committee: ECON
Amendment 41 #
Motion for a resolution
Recital K
K. whereas enhanced appropriate levels of transparency towards the public, investors and supervisory authorities, including, in future, any new EU supervisory body, are crucial to ensure such well-functioning and stable financial markets as well as for promoting competition between market actors and products,
2008/05/19
Committee: ECON
Amendment 55 #
Motion for a resolution
Recital L
L. whereas excessive debt required by much of the activities of hedge funds and private equity threatens financial stability, prejudices the realisation of the long-term investment, growth and jobs agenda and is, moreover, unfairly favoured in national tax regimethe effects of high leverage may, in adverse market conditions, be dangerous; hence hedge funds and private equity fund managers should carefully assess their risks,
2008/05/19
Committee: ECON
Amendment 60 #
Motion for a resolution
Recital M
M. whereas the recent increase in private equity transactions has significantly increased the number of employees, whose jobs are ultimately controlled by equity funds, and are covered by Community employment law (in particular, Directive 2001/23/EC) was formulated when this was not sohich applies on a non discriminatory basis,
2008/05/19
Committee: ECON
Amendment 65 #
Motion for a resolution
Recital N
N. whereas in the eventminority instances of extreme debt loads, private equity leveraged buy-outs affect the viability of the target companies,
2008/05/19
Committee: ECON
Amendment 72 #
Motion for a resolution
Recital O
O. whereas, as with other entities, there are mcany be conflicts of interest either arising from the business model ofrelationships between private equity orand hedge funds or from the relationships between those vehicles and other actors in financial markets,and other actors in financial markets, however, reiterates that while welcoming realistic efforts to enhance existing EU legislation, such efforts must not be restricted solely to hedge funds and private equity;
2008/05/19
Committee: ECON
Amendment 81 #
Motion for a resolution
Recital P
P. whereas whilst there is no evidence that those vehicles caused the current financial crisis, they have been involved indge funds were amongst the businvess of non-regulated and highly complex structured products; whereas not being adequately capitalised and thus volatile to turbulences, those vehicles enhancetors in the complex structured products that were subject to the credit crisis, and thus incurred losses as did othe crisir investors,
2008/05/19
Committee: ECON
Amendment 84 #
Motion for a resolution
Recital Q
Q. whereas in order to minimise the risk of future financial crises and given the strong interactions across markets and between market participants and given the objective of a level playing field across borders and between regulated and unregulated market participants, the EU needs better, more coherent and harmonised regulation across the boardshould continue to review the accuracy and coherence of its regulatory standards, taking into account developments at international level,
2008/05/19
Committee: ECON
Amendment 89 #
Motion for a resolution
Recital Q a (new)
Qa. whereas the European Parliament welcomes the current work by the European Commission to establish a European Private Placement Regime in order to eliminate obstacles to cross- border distribution for alternative investments,
2008/05/19
Committee: ECON
Amendment 102 #
Motion for a resolution
Paragraph 1
1. Requests the Commission to submit to Parliament by 30 November 2008, on the basis of Article 44, Article 47(2), or Article 95 of the EC Treaty, a legislative proposal or proposals on hedge funds, private equity and other relevant actors, following the detailed recommendations below;deleted
2008/05/19
Committee: ECON
Amendment 106 #
Motion for a resolution
Paragraph 1
1. Requests the Commission to submit to Parliament by 30 November 2008, on the basis of Article 44, Article 47(2), or Article 95 of the EC Treaty, options for a legislative proposal or proposals oninclusive of hedge funds, private equity and other relevant actors, following the detailedtaking account of the recommendations below;
2008/05/19
Committee: ECON
Amendment 112 #
Motion for a resolution
Paragraph 3
3. Considers that the financial implications of the requested proposal or proposals should be covered by EU budgetary allocations for (i) the establishment of any EU supervisory authority, (ii) the EU public credit rating agency, and (iii) the EU public certification body for structured productrequested proposal(s) has/have no financial implications;
2008/05/19
Committee: ECON
Amendment 114 #
Motion for a resolution
Annex
ANNEX TO THE MOTION FOR A RESOLUTION: DETAILED RECOMMENDATIONS ON THE CONTENT OF THE PROPOSAL 1. Recommendation 1 on Financial Stability and Better Functioning Financial Markets Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Capital requirements Investment firms, insurance companies, credit institutions, conventional funds (such as UCITS and pension funds/IORPs) have to comply with capital requirements. Whatever the legal structure of hedge fund and private equity vehicles, including limited partnerships, the Commission should ensure that an appropriate capital requirement is introduced at the level of the entity that controls the investment of the fund or funds concerned (i.e. management firm), covering all funds regardless of their place of registration. (b) EU public credit rating agency The Commission should establish an EU Public Credit Rating Agency in order to foster competition and improve transparency in that sector. The Commission should also, in its revision of the Directive 2006/48/EC, introduce a provision that, where a credit assessment of an External Credit Assessment Institution (ECAI) is required for the calculation of a credit institution's risk- weighted exposure, the credit assessment of the EU Public Credit Rating Agency will also be required. (c) Liquidity The Commission should introduce risk-weighted capital adequacy requirements in respect of liquidity risk in its revision of the Directive 2006/48/EC. (d) Valuation The Commission should propose precise rules on the valuation of illiquid financial instruments in order better to protect investors and the stability of financial markets. (e) Prime brokers The capital requirement of any institution providing prime brokerage services should be increased in line with the complexity and opacity of the structure or nature of the exposures, to which their dealings with hedge funds and private equity expose them. In particular, the provisions of Directives 2006/48/EC and 2006/49/EC should be amended to achieve that result. (f) Venture capital The Commission should implement, without delay, the policy proposals set out in its communication on Removing obstacles to cross-border investments by venture capital funds, including proposing legislation to provide a harmonised EU- wide framework for venture capital and so to ensure cross-border access to such capital for the SME sector in line with the Lisbon Agenda. (g) EU supervisory authority The Commission should establish a European supervisor covering all financial services sectors: capital markets, securities, insurance and banking sectors. It should further be established whether there should be two such European supervisors: one for prudential regulation and another for conduct of business regulation. 2. Recommendation 2 on Transparency Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Registration and authorisation of management companies and funds' managers The Commission should establish an EU framework for the registration and authorisation of entities that control the investment of hedge funds or private equity (i.e. management firms), which should function on a single entry point basis: once authorised, the entities concerned should have access to undertake business throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure that management firms disclose the following: - the identity of managers, - corporate earnings and bonuses, - remuneration of directors, senior executives and other staff with investment responsibilities, and - relationships with prime brokers. That information should be set out in a uniform format (also to facilitate the proposal for a database below). (b) Notification (i.e. approval) of wholesale investment vehicles In order to encourage funds to be located onshore in the EU, the Commission should propose a separate directive along the lines of the EU-wide private placement regime, currently under discussion, to apply to the marketing and distribution in the EU of hedge funds and private equity funds. Such a regime should function on a single entry point basis: once authorised, it should be possible to offer those wholesale investment vehicles to professional, institutional investors throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure the investment vehicle discloses the following: - general investment strategy and immediate information on any changes thereto, - leverage/debt exposure, - overall fees as well as breakdown of fees (including any stock options awarded to employees), - source and amount of funds raised, - past performance, - risk-management system and portfolio valuation methods, - information on the administrator of the fund, and - share of the fund contributed by the management company and its staff. That information should be set out in a uniform format (also to facilitate the database proposal below). (c) Database The Commission should, with the help of Level 3 Committees, establish an EU-wide registration/authorisation database recording the information on both management firms and investment vehicles as specified above. The supervisory authorities of all Member States should have unlimited access. Relevant categories of the database should be public. (d) Investors The Commission and supervisory authorities should ensure that investors in those vehicles receive not only sufficient but also relevant and comparable information (e.g. the simplified prospectus/fact sheet for UCITS). (e) Private equity and protection of employees The Commission should propose amendments to Directive 2001/23/EC so that the same protections afforded employees by that Directive, including the right to be informed and consulted, apply whenever control of the undertaking or business concerned is transferred by means of a private equity transaction. 3. Recommendation 3 on Excessive Debt Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Limits on leverage for private equity The Commission should amend Directive 77/91/EEC on capital to introduce rules to specify the appropriate level of debt at any given time in relation to the target company bearing in mind the legitimate rights of important stakeholders (including employees); in conjunction with such level, the Commission should request the Member States to introduce taxation consequences for private equity funds in cases of excessive debt; such taxation consequences could include eliminating or reducing the tax deductibility of interest payments on the debt concerned in line with best practices in Member States. (b) Capital depletion The Commission should amend Directive 77/91/EEC on capital to set minimum capital levels for the target company by reference to the long-term interests of the target company. The Commission should also, without delay, propose rules to harmonise requirements for directors of the target company (i.e. management and supervisory board members), to certify that capital outflow (including any fees paid) is in the best long-term interests of the target company, including its long- term growth and R&D needs. In particular, EU corporate governance requirements, such as the provisions of the Directive 1978/660/EEC, might be amended to achieve that result. (c) Limits on leverage for hedge funds The Commission should devise the upper limit in the debt of hedge funds in relation to preserving the stability of the EU financial system. (d) EU Registration for structured products The Commission should establish a public register of structured products in the EU. 4. Recommendation 4 on Conflicts of Interest Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Investment banks (prime brokers) - hedge funds and private equity The Commission should assess whether the strengthening of capital requirements for prime brokers (Recommendation 1) deals appropriately with the inherent conflicts of interest between: - the prime brokers and hedge funds, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via trading services), and - investment banks and private equity, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via deal related services). (b) The Commission should also introduce rules to ensure effective Chinese walls between services that investment firms provide for their clients (such as prime brokerage) and all their other business units (including asset management services, proprietary trading etc). - Private equity The Commission should formulate rules by which to deal with the conflicts of interest between the private equity partners and the management of the target company (and any others who stand to gain from the deal). Those rules should include a requirement of public disclosure of any fees or other incentives received by directors (i.e. management board and supervisory board members) or employees of the target company. - Credit Rating Agencies (CRAs) The Commission should formulate rules by which to deal with the conflicts of interest inherent in their current business models, and arising from the interplay among actors in today's financial markets. - Market access and concentration: the Directorate General for Competition of the Commission should launch an inquiry into market concentration in the following financial services industry sectors: hedge funds, private equity, investment banks (with focus on prime brokerage services) and CRAs.deleted REQUESTED
2008/05/19
Committee: ECON
Amendment 115 #
Motion for a resolution
Annex – Heading
ANNEX TO THE MOTION FOR A RESOLUTION: DETAILED RECOMMENDATIONS ON THE CONTENT OF THE PROPOSAL REQUESTED
2008/05/19
Committee: ECON
Amendment 119 #
The European Parliament considers that the legislative act to be adopted should aim to regulatealls on the Commission to consider the following regulatory and legislative options:
2008/05/19
Committee: ECON
Amendment 120 #
Motion for a resolution
Annex – recommendation 1 – point a
(a) Capital requirements Investment firms, insurance companies, credit institutions, conventional funds (such as UCITS and pension funds/IORPs) have to comply with capital requirements. Whatever the legal structure of hedge fund and private equity vehicles, including limited partnerships, the Commission should ensure that an appropriate capital requirement is introduced at the level of the entity that controls the investment of the fund or funds concerned (i.e. management firm), covering all funds regardless of their place of registration.deleted
2008/05/19
Committee: ECON
Amendment 121 #
Motion for a resolution
Annex – recommendation 1 – point a
(a) Capital requirements Investment firms, insurance companies, credit institutions, conventional funds (such as UCITS and pension funds/IORPs) have to comply with capital requirements. Whatever the legal structure of hedge fund and private equity vehicles, including limited partnerships, tThe Commission should ensure that an appropriate capital requirement is introduced at the level of the entity that controls the investment of the fund or funds concerned (i.e. management firm), covering all funds regardless of their place of registrations continue to be risk based, not entity based. Consideration as to the adherence of codes of conduct may be taken into account by supervisors.
2008/05/19
Committee: ECON
Amendment 131 #
Motion for a resolution
Annex – recommendation 1 – point b
(b) EU public cCredit rating agencyies The Commission should establish an EU Public Credit Rating Agencytake necessary measures in order to foster competition and improve transparency in that sector. The Commission should also, in its revision of the Directive 2006/48/EC, introduce a provision that, where a credit assessment of an External Credit Assessment Institution (ECAI) is required for the calculation of a credit institution's risk- weighted exposure, the credit assessment of the EU Public Credit Rating Agency will also be required and continue its work with the competent international bodies.
2008/05/19
Committee: ECON
Amendment 134 #
Motion for a resolution
Annex – recommendation 1 – point c
(c) Liquidity The Commission should introduce risk-weighted capital adequacy requirements in respect of liquidity risk in its revision of the Directive 2006/48/ECcontinue its work with the competent international bodies with a view to setting internationally applicable principles for the management of liquidity.
2008/05/19
Committee: ECON
Amendment 138 #
Motion for a resolution
Annex – recommendation 1 – point d
(d) Valuation The Commission should propose precise rulcontinue its work with the competent international bodies with regard to resolving the difficulties oin the valuation of illiquid financial instruments in order better to protect investors and the stability of financial markets.
2008/05/19
Committee: ECON
Amendment 141 #
Motion for a resolution
Annex – recommendation 1 – point e
(e) Prime brokers The capital requirement of any institution providing prime brokerage services should be increased in line with the complexity and opacity of the structure or nature of the exposures, to which their dealings with hedge funds and private equity expose them. In particular, the provisions of Directives 2006/48/EC and 2006/49/EC should be amended to achieve that result.deleted
2008/05/19
Committee: ECON
Amendment 146 #
Motion for a resolution
Annex – recommendation 1 – point g
(g) EU supervisory authority The Commission should establish a European supervisor covering all financial services sectors: capital markets, securities, insurance and banking sectors. It should further be established whether there should be two such European supervisors: one for prudential regulation and another for conduct of business regulation.deleted
2008/05/19
Committee: ECON
Amendment 150 #
Motion for a resolution
Annex – recommendation 1 – point g
(g) EU supervisory authorityies The Commission should establish a Europeanreview the adequacy and capacity of European Supervisory structures in the ongoing debate on the future of supervisorion covering all financial services sectors: capital markets, securities, insurance and banking sectors. It should further be established whether there should be two such European supervisors: onea radical overhaul of the current supervisory architecture or simple adjustments to the existing Lamfalussy structure and to what extent approaches must differ for prudential regulation and another for conduct of business regulation.
2008/05/19
Committee: ECON
Amendment 155 #
Motion for a resolution
Annex – recommendation 2 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulate:alls on the Commission to consider the following regulatory and legislative options
2008/05/19
Committee: ECON
Amendment 156 #
Motion for a resolution
Annex – recommendation 2 – point a
(a) Registration and authorisation of management companies and funds' managers The Commission should establish an EU framework for the registration and authorisation of entities that control the investment of hedge funds or private equity (i.e. management firms), which should function on a single entry point basis: once authorised, the entities concerned should have access to undertake business throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure that management firms disclose the following: - the name and domicile of funds they control, - the identity of managers, - corporate earnings and bonuses, - remuneration of directors, senior executives and other staff with investment - relationships with prime brokers. That information should be set out in a uniform format (also to facilitate the proposal for a database below).deleted
2008/05/19
Committee: ECON
Amendment 161 #
Motion for a resolution
Annex – recommendation 2 – point b
(b) Notification (i.e. approval) of wholesale investment vehicles In order to encourage funds to be located onshore in the EU, the Commission should propose a separate directive along the lines of the EU-wide private placement regime, currently under discussion, to apply to the marketing and distribution in the EU of hedge funds and private equity funds. Such a regime should function on a single entry point basis: once authorised, it should be possible to offer those wholesale investment vehicles to professional, institutional investors throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure the investment vehicle discloses the following: - general investment strategy and immediate information on any changes thereto, - leverage/debt exposure, - overall fees as well as breakdown of fees (including any stock options awarded to employees), - source and amount of funds raised, - past performance, - risk-management system and portfolio valuation methods, - information on the administrator of the fund, and - share of the fund contributed by the management company and its staff. That information should be set out in a uniform format (also to facilitate the database proposal below).deleted
2008/05/19
Committee: ECON
Amendment 169 #
Motion for a resolution
Annex – recommendation 2 – point c
(c)Database The Commission should, with the help of Level 3 Committees, establish an EU-wide registration/authorisation database recording the informSuggests that a one-stop-shop website for codes of conduct be established, including a register of those who comply, their disclosure and explanations on both management firms and investment vehicles as specified above. The supervisory authorities of all Member States should have unlimited access. Relevant categories of the database should be publicf non-compliance; observes that reasons for non-compliance can also be a learning tool; this should be done for the EU and promoted internationally.
2008/05/19
Committee: ECON
Amendment 174 #
Motion for a resolution
Annex – recommendation 2 – point d
(d) Investors The Commission and supervisory authorities should ensure that investors in those vehicles receive not only sufficient but alsoand relevant and comparable information (e.g. the simplified prospectus/fact sheet for UCITS)information.
2008/05/19
Committee: ECON
Amendment 178 #
Motion for a resolution
Annex – recommendation 2 – point e
(e) Private equity and protection of employees The Commission should propose amendments toevaluate and if necessary amend Directive 2001/23/EC so that the same protections afforded employees by that Directive, including the right to be informed and consulted, apply whenever control of the undertaking or business concerned is transferred by means of a private equity transaction.
2008/05/19
Committee: ECON
Amendment 185 #
Motion for a resolution
Annex – recommendation 3 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulate:alls on the Commission to consider the following regulatory and legislative options
2008/05/19
Committee: ECON
Amendment 186 #
Motion for a resolution
Annex – recommendation 3 – point a
(a) Limits on leverage for private equity The Commission should amend Directive 77/91/EEC on capital to introduce rules to specify the appropriate level of debt at any given time in relation to the target company bearing in mind the legitimate rights of important stakeholders (including employees); in conjunction with such level, the Commission should request the Member States to introduce taxation consequences for private equity funds in cases of excessive debt; such taxation consequences could include eliminating or reducing the tax deductibility of interest payments on the debt concerned in line with best practices in Member States.deleted
2008/05/19
Committee: ECON
Amendment 187 #
Motion for a resolution
Annex – recommendation 3 – point a
(a) Limits on leverage for private equity The Commission should amend, while reviewing Directive 77/91/EEC on capital to introduce rules to specify the appropriate level of debt at any given time in relation to the target company bearing in mind the legitimate rights of important stakeholders (including employees); in conjunction with such level, the Commission should request the Member States to introduce taxation consequences for private equity funds in cases of excessive debt; such taxation consequences could include eliminating or reducing the tax deductibility of interest payments on the debt concerned in line with best practices in Member St, ensure any amendments adhere to the fundamental principles based approach, so that capital is held according to risk, and does not unfairly discriminate against specific private investors or between different investment funds or vehicles that use similar stratesgy.
2008/05/19
Committee: ECON
Amendment 189 #
Motion for a resolution
Annex – recommendation 3 – point b
(b) Capital depletion The European Commission should amend Directive 77/91/EEC on capital to set minimum capital levels for the target company by reference to the long-term interests of the target company. The Commission should also, without delay, propose rules to harmonise requirements for directors of the target company (i.e. management and supervisory board members),review use of existing national legislative options to avoid asset stripping in target companies in order to ascertify that capital outflow (including any fees paid) is in the best long-term interests of the target company, including its long- term growth and R&D needs. In particular, EU corporate governance requirements, such as the provisions of the Directive 1978/660/EEC, might be amended to achieve that resultain whether there is a need for a harmonised measure.
2008/05/19
Committee: ECON
Amendment 192 #
Motion for a resolution
Annex – recommendation 3 – point c
(c) Limits on leverage for hedge funds The Commission should devise the upper limit in the debt of hedge funds in relation to preserving the stability of the EU financial system.deleted
2008/05/19
Committee: ECON
Amendment 197 #
Motion for a resolution
Annex – recommendation 3 – point d
(d) EU Registration for structured products The Commission should establish a public register of structured products in the EU.deleted
2008/05/19
Committee: ECON
Amendment 203 #
Motion for a resolution
Annex – recommendation 4 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulate:alls on the Commission to consider the following regulatory and legislative options
2008/05/19
Committee: ECON
Amendment 204 #
Motion for a resolution
Annex – recommendation 4 – point a
(a) Investment banks (prime brokers) - hedge funds and private equity The Commission should assess whether the strengthening of capital requirements for prime brokers (Recommendation 1) deals appropriately with the inherent conflicts of interest between: - the prime brokers and hedge funds, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via trading services), and - investment banks and private equity, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via deal related services).deleted
2008/05/19
Committee: ECON
Amendment 206 #
Motion for a resolution
Annex – recommendation 4 – point b
(b) The Commission should also introduce rulevestigate means to ensurhance effective Chinese walls between services that investment firms provide for their clients (such as prime brokerage) and all their other business units (including asset management services, proprietary trading etc). - Private equity The Commission should formulate rules by which to deal with the conflicts of interest between the private equity partners and the management of the target company (and any others who stand to gain from the deal). Those rules should include a requirement of public disclosure of any fees or other incentives received by directors (i.e. management board and supervisory board members) or employees of the target company. - Credit Rating Agencies (CRAs) The Commission should formulate rules by which to deal with the conflicts of interest inherent in their current business models, and arising from the interplay among actors in today's financial markets. - Market access and concentration: the Directorate General for Competition of the Commission should launch an inquiry into market concentration in the following financial services industry sectors: hedge funds, private equity, investment banks (with focus on prime brokerage services) and CRAsThe European Parliament wishes to reiterate that any adjustments should be applicable to all financial institutions and thus non-discriminatory.
2008/05/19
Committee: ECON