Low cost compliance technology being used to implement new SEC and FSA regulations governing “soft dollars”

Abstract

Purpose

To explain that, unlike with Sarbanes‐Oxley, relatively low‐cost technologies and procedures are becoming widely accepted for helping institutional money managers and hedge funds to comply with reforms to increase the transparency, documentation, and justification of “soft dollars”. Soft dollars are commissions that money managers pay to brokerage firms above and beyond actual trading execution costs.

Design/methodology/approach

The article examines two such technologies by surveying different offerings and reviewing in detail market‐leading systems. The first technology examined is trade‐idea communication and management systems, which capture and analyze quantitative information about equity‐trade ideas. The second technology is broker review systems, which capture and analyze qualitative information on proprietary brokerage and research services. Both trade ideas and proprietary brokerage services are paid for through soft dollars and generate approximately 50 percent of an estimated $18 billion in annual brokerage commissions for Wall Street.

Findings

There are three primary reasons why these technologies and procedures cost much less than those used to enforce Sarbanes‐Oxley. Technologically, they have features that keep costs low, encourage use, facilitate customization and leverage existing data. Operationally, they automate practices already in place, capturing lost value and generating important management information. From a regulatory point of view, they do not require the documentation and testing of controls in advance, as Sarbanes‐Oxley does – procedures that can only be defensively accomplished by outside auditors and attorneys. Instead, money managers are being asked to capture and evaluate management information, which, in turn, they are using to increase productivity.

Originality/value

Rather than avoiding soft dollars for fear of the regulatory overhead, or developing complicated and expensive legalistic procedures, institutional money managers and hedge funds are using relatively low cost technology to enforce “soft dollar” compliance. At the same time, they are generating valuable management information that is helping them to become more productive.

Citation

Saluzzi, J. (2005), "Low cost compliance technology being used to implement new SEC and FSA regulations governing “soft dollars”", Journal of Investment Compliance, Vol. 6 No. 4, pp. 67-74. https://doi.org/10.1108/15285810510681892