European financial market regulator Esma has reminded fund managers of their fiduciary duties to correctly account for the impact of Russia’s invasion of Ukraine on investment funds.
Esma recently published a note to in which it “recognises first and foremost the human toll of the Russian invasion, and its significant impact on business and the global economy, and by extension the financial system”, but then goes on to advise asset and fund managers that they must take the necessary steps to correctly assess exposure to assets from Russia, Belarus and Ukraine, given valuation and liquidity.
In addition, the Esma paper explained the process the managers should follow to value these assets, and whether side pockets should be used to segregate these assets.
The use of side pockets can ensure that subscription and redemption orders do not need to be suspended, and protect initial investors from the potential dilution effects, especially when illiquid assets are valued at zero or receive a substantial haircut. Indeed, without side pockets, subscribing investors would benefit from investing in illiquid assets at a low price or even for free, while these assets may appreciate in value again in the future. Side pockets protect existing investors in funds.
According to the Esma, they also entail risks, as they can cause moral hazard, while the illiquid assets transferred to side pockets do not necessarily become liquid again in the future or appreciate in value.
Fair value
Due to the war and the fact that Russian markets are still disrupted, Esma expects fund managers of investment funds with exposure to liquidity-constrained assets to assess whether fair value can still be calculated. “They should adjust the valuation without delay,” the regulator said.
Finally, Esma said it will “continue to monitor the situation closely and take or recommend necessary measures to mitigate the impact of the Russian invasion on investment portfolios”.
The Esma statement can be found here.
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