The agreement is a written agreement on the provision of goods or services in accordance with COB 2.2.12 R, which does not fall in the form of liquidity or other direct financial benefits or which have immediate financial benefits; Traditionally, brokers who provide funds to institutional managers in the United States are compensated for this activity by obtaining brokerage commissions for the execution of securities transactions for managers` accounts. Asset managers generally strive to structure these client commission (CCAS) or soft dollar (CSAs) agreements outside the United States in order to meet the safe haven created by Section 28 (e) of the Securities Exchange Act of 1934. The Safe Harbor under Section 28 (e) allows asset risk managers who meet safe port requirements to use commissions generated by their managed accounts to pay for research used or used on behalf of these accounts as part of the investment decision process. Any other member of the group who is a party to these agreements; Many investment funds buy research funds or services with soft commissions because it allows the fund to report expenses to cost-sensitive investors. Flexible commissions allow funds to finance their expenses and ultimately reduce their stress rates by approving lower transaction prices. This type of reporting has often resulted in reporting problems for fund companies for a variety of reasons. If the initial AEMF proposals are accepted, discretionary portfolio managers may no longer receive investment research from brokers unless they pay for this research themselves, by increasing management fees to absorb the additional costs or by using, with the client`s consent, pre-funded research payment accounts. It is generally accepted that the adoption of the initial FMA proposals would put pressure on small managers, who may not be able to afford the research itself, would make discretionary portfolio managers more selective in research on the investments for which they pay and would challenge the business models of some investment bank research windows. However, the initial AEMF proposals should be diluted in a slightly more attractive position for the investment management sector. Soft commissions have a long history in brokerage. For many years, the New York Stock Exchange published a fixed-price commission plan. As brokers could not compete with the price, they tried to win business by providing additional services like research. This has been called „grouping.“ In the early 1970s, the government looked at pricing policy and then concluded that they were price agreements.
The investor essentially bears the research and other bundled services provided as part of a soft commission transaction, but an asset manager does not disclose them. They are integrated into trade costs, which has an impact on a fund`s long-term performance. Some speculate that fee-for-like commissions can increase the cost per share for the execution and execution of institutional affairs by about 2 to 3%, although there is little reliable research on this subject. When complying with COB 2.2.8 R, if an entity is able to recover or charge all or part of the VAT on the services received, the entity must ensure that its soft commission account with the broker is debited only from the net amount at the entity`s effective rate.