What European hedge fund legislation will do to London hedge fund jobs

Unless a miracle intervenes, it looks very much as if the European Alternative Investment Management Directive will be voted into law this evening.

On balance, the directive is expected to be very bad for London’s hedge fund industry. However, that’s not to say that there won’t be some beneficial side effects.

The positives

1) Funds will need to be registered in the EU

In order for funds to raise money from investors in the EU, they will henceforth need to be domiciled in the EU. This could be good for London, which is the EU’s hedge fund heartland.

Hedge fund pundits are not so sure, however: “The assumption is that everyone is going to come onshore. It’s more likely that funds will just move offshore to Switzerland or Singapore and not bother with Europe,” says John Godden at hedge fund consultancy IGS Group.

2) More jobs at large institutional investors who move into the hedge fund space

While small hedge funds are likely to balk at the increased level of disclosure and leverage restrictions imposed by the new rules, large institutional investors are already used to such things.

“The big traditional guys are going to deal with this well,” says Godden. “The small guys upon whom this industry has always relied for its ideas and growth are going to be driven away.”

Simon Gleeson, a partner in the regulatory practice at Clifford Chance agrees: “If hedge funds are pushed out of the UK, existing regulated managers may regard this as an opportunity [to expand].”

3) Multiple jobs for consultants and bureaucrats

As things stand, London hedge funds don’t appear to be particularly ready for the new legislation. We spoke to the CIO at one who confessed to not having read it yet.

After tonight, it therefore seems likely that funds will need to employ the services of consultants to bring them up to speed. They may also need to employ additional admin and compliance staff for all the additional regulatory disclosures.

“If you look at Mifid, most of the work was done by consultants and project managers,” says Andrew Shrimpton, member, regulatory compliance at Kinetic Partners. “I suspect this will be the same.”

The negatives

1) Funds will move out of London

There is only real negative: realising the horror of the new legislation (and, in particular, the disclosures around short selling), funds will simply move somewhere beyond its reach.

“Sadly, some funds will simply decide that it’s more trouble than it’s worth to have a London office,” adds Shrimpton.

“I don’t think you can actually run a hedge fund under the proposed architecture,” says Gleeson at Clifford Chance. “Hedge funds are going to move out of Europe and base themselves in Singapore and Switzerland, which will welcome them with open arms,” predicts Godden.

Needless to say, this would be very bad for London hedge fund jobs. It doesn’t help that the EU’s recommendation on remuneration will also apply if the legislation is passed: this would increase the pressure on funds to defer bonuses over a three to five year period.

Comments (8)
  1. The lawyers and compliance folks will love the AIFM Directive. Funds will stay in London, where ever they decide to go they will face some form of regulation. Even the Swiss are pushing through a new stringent Banking Law and the Central Bank of Singapore has increased regulation of hedge funds. Regulation is the reality!

  2. I think this works well for the french and the germans as they will be able to tap into the swiss based hedge funds for employment. This way their politicans would have achieved a dual objective of depriving UK of the tax and employment benefits that Hedge funds provide, they would have protected the interest of their own citizens by helping move these to swiss. Well Done!!! Shame on british politicans for being in the loosers club of EU.

  3. European bureaucrats shooting themselves in the foot with badly informed populist measures, again.

  4. As an Investment BANKING recruiter, if hedge funds move out of London it should help me… I try and approach numerous traders, IBD Analysts, Researchers etc for roles within the Big Banks, and they tend to rule out anything that isn’t a Hedge Fund.

    Now, if they have to move abroad to secure a HF role, they maybe more open to Top Banking positions. Equally, a number of talented people may come available on the market looking for London roles.

    As a Brit and a UK citizen, the reform is disappointing – there will undoubtedly be a big dent in taxation revenues, which we desperately need with our deficit… I hope Osbourne has this in mind with his approaching budget.

  5. I dont know about you guys, but I am getting increasingly worried about the hostility of the British government to its most important industry.
    What are the alternatives ?
    In my opinion, Hong Kong is an attractive place to consider for financial professionals.
    There is a top tax rate of 16%, a well-established legal system, an English speaking work environment and a legislation explicitly drafted to make it difficult to re-distribute wealth.
    Even for mid-earners (lets say 70-100k), the difference in taxes easily translates into an additional small private property over about 6 to 7 years.
    Does anyone has an idea how to facilitate a move from London to Kong Kong ? Use recruiters ?

  6. Some will leave, but others will step up and grow. The idea that hedge funds can move to Swiss or off-shore and magic all there problems away is naive at best.

    Regulators are aware of taxen havens, it will not take long for them to go after them, just like they did with UBS and private client tax cheats in Swss.

    The Eurozone crisis had led to allot of distressed assets, which will be a golden opportunity for a savy investor. Hedgies will survive and thrive in London.

  7. Actually what FundGuy say is right. Hedge Funds will not necessary move outside UK.

    It’ll depends on tax, new eu legislation….

    Switzerland is welcoming Hedge Funds, but you couldn’t find all the business that you can find in London.

    Switzerland is a small country with big eyes and stomach since the end of bank secrecy.

    It’s a nice country, but so boring for people who lived there.

    Violence is increasing and i feel more secure in London. It’s hard to rent a flat and find good properties, does everybody want to move for just few years.

    I guess in few years they would come back to London.

  8. Positives of moving, less paper work, lower start-up costs, high skilled mobile work force, access to growing emerging markets.

    Negative: Post-madoff era Pension funds and Investment Banks want transparency in hedge funds. The overall view is will give our money but show us your paper work first. Shareholders are going to be asking more info on tax havens and there interests.

    Middle ground approach: EU regulation are tough but may become the gold standard. Hedge Funds are no longer secret entities on the outside of the financal landscape. Fubds will thrive in Asia because of access to greater liquidity, but is only one market place. The Eurozone and the Subprime crisis has really brought home the idea of hedging against risk on a global level. down is up.

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