New Star to benefit from FSA changes to fund suspension rules
By Drazen Jorgic | 09:00:00 | 07 January 2009
New Star Asset Management is set to benefit from changes to FSA rules which will allow firms to suspend dealings in funds for indefinite periods.
Under the old rules, any fund manager which suspended dealing in its fund had within 28 days to re-open it, or speak to the FSA about an extension.
From Tuesday this rule no longer applied, meaning the fund manager could technically suspend the fund indefinitely.
In practice the fund managers will have within 28 days to review the suspension and then report back to the FSA.
The FSA amended the rules because it deemed the 28-day requirement to be detrimental to the fund managers efforts to liquidate the assets at a reasonable value within this time limit.
During 2008 several funds, primarily those in the property sector, imposed temporary suspensions, many of which were given extensions. New Star's International Property fund, for example, was suspended on November 25 and is still closed for dealing.
Another New Star fund, Jamie Allsopps Heart of Africa, was nearing its 28-day deadline after it suspended dealings on December 11 but will now not be under any pressure to re-open this week.
New Star said it plans to re-open Allsopps (pictured above) fund but is unable to do so while the Sub-Saharan market remains illiquid.
A spokesperson for the FSA commented: 'We reviewed this requirement and concluded that there was no benefit to unit holders in imposing an arbitrary 28-day limit on the duration of any period of suspension, as this does not prevent the AFM (Authorised Fund Manager) immediately beginning another period of suspension if it is in the best interests of unitholders.'
Unit holder interests can be adequately protected by permitting an indefinite period of suspension, provided the reason for the suspension is regularly reviewed.
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