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FSA clamps down on Arch following Cru funds suspension
by Daniel Grote on May 20, 2009 at 12:42
The Financial Services Authority has withdrawn Arch Financial Products' permission to run funds in the wake of the suspension of the Arch Cru fund range.
Statements on the FSA register show the regulator has imposed tight restrictions on Arch's ability to operate as a fund manager.
Under the heading 'permission to undertake regulated activities' the FSA says: 'Arch Financial Products LLP will not, without the FSA's prior written approval, perform the regulated activities of advising on investments, arranging deals in investments, dealing in investments as agent, making arrangements with a view to transactions in investments and managing investments.'
Under a separate heading of 'CIS [collective investment] scheme' the FSA adds: 'Arch Financial Products LLP will not, without the FSA's prior written approval, establish, operate or wind-up any collective investment scheme.'
A spokesman for the FSA said the restrictions had been placed on Arch following the suspension of the Arch Cru fund range in March but would not comment on the reasons for the move. He said that written approval had not been given to Arch to resume any of the activities and added that the restriction was ‘indefinite’.
The restriction means that Arch will be unable to manage the funds during the suspension process or manage any potential sell-off of assets to meet redemption requests without written FSA approval.
Arch said that they had requested the FSA action and claimed that the move would not affect their management of the Arch Cru fund range during the suspension process.
‘Arch will, of course, continue to manage their existing investment portfolios during the suspension of their UK fund,’ said the firm in a statement.
‘Arch requested that the FSA take this course of action so that it can focus solely on resolving the suspension of their UK fund range. ARCH believes that this is the most responsible step it could take on behalf of all its investors.’
Capita, administrator of the £350 million Arch Cru range, was not able to comment.
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10 comments so far. Why not have your say?
clive foulkes
May 20, 2009 at 11:00
Where are we then. No man's land
report thisJim
May 20, 2009 at 11:25
I hope there is a plan, and there is a new multi-asset team which can delivery a recovery plan in place
but why has that not been announced?
Hopefully citywire got a scoop from FSA and the replacement will be announced today
report thisAlistair Blyth
May 20, 2009 at 11:28
How can the FSA simply now put £350M of clients' investments into effective limbo, and not provide any reason for doing so? Cru, Arch and Capita were all crticised for the original lack of communication when these funds were suspended, and now the FSA are at it.
Have the FSA found out something about Arch that we (and the clients) should know about? Yet more fog in this debacle does not help anyone.
report thisRobin Farrell
May 20, 2009 at 11:33
Before Citywire gets inundated with further unhelpful speculation from the investment community we would like to clarify the situation.
Following a request from ARCH, the FSA has temporarily restricted the firm’s permissions to carry out certain regulated activities. This includes advising on investments, arranging deals in investments, dealing in investments as agent and making arrangements with a view to transactions in investments. ARCH will, of course, continue to manage their existing investment portfolios during the suspension of their UK funds.
ARCH requested several weeks ago that the FSA take this course of action so that it can focus solely on resolving the suspension of our UK fund range. ARCH believe that this is the most responsible step it could take on behalf of all its investors.
In addition, ARCH will not establish or operate any new collective investment scheme, since the firm feels that it would not be prudent to set up new schemes while existing ones are in suspension.
We hope that the above will provide further comfort to investor about the safety of the underlying assets and that Arch is fully committed to finding a solution to the current suspension above all other business.
report thisSelwyn Goldberg
May 20, 2009 at 11:40
So if a client is unable to access his funds in a timely fashion because of this action, with no apparent plan in place to administer this, can he/she sue the FSA for any loss or distress incurred?
report thisAbby G
May 20, 2009 at 12:11
Arch - you did not need to ask the FSA to ask you to focus on these funds - that could have been done by you
i agree with JIM, I hope a new multi-asset team is coming in to replace ARCH ASAP
report thisrichard
May 20, 2009 at 12:19
"We have asked the FSA to prevent us doing what we are paid for, so that we can focus on doing what we are paid for"
Robin, pull the other one.
a new multi-asset team needed now.
report thisJim
May 20, 2009 at 13:01
The FSA suspention had nothing to do with the £3.2 loan you gave to CRU - with fundholder's money?
Do you still portray yourself as a multi-asset firm? or have you conceded that you need someone else to manage the portfolios properly
Thanks Jim
report thisDOUGLAS LAWRENCE
Jun 08, 2009 at 15:44
These are the waiting times I've heard about when or i we can expect to see any of our money.
Anyone else heard?
report thisDathan Steele
Aug 13, 2009 at 16:23
Selwyn, if I was a client who had money in the Cru/Arch funds I think I'd sue my IFA for recommending a fund or funds which they did not understand or do specific due diligence into, other than looking at the fantasy fund management 'performance' graphs......
There were warnings about these funds from quite a few informed sources, but of course IFAs had a great story to tell re funds which had broken the old risk and reward model and always went up...what an easy sale!
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