More Consolidation Ahead for Asset Managers

Consolidation looms for some asset managers as revenue declines continue to outweigh steep cost-cutting measures.

A McKinsey survey found that although asset managers have seen inflows for the first time since the first half of 2007, net margins are set to fall to 9 basis points in 2009 from 10.8 bps in 2008, Reuters reported. The declines came after assets slumped and clients switched to low-cost products.

 “Although all asset managers understand the gravity of the situation, too few have reacted with sufficient vigor and fundamentally restructured their business models,” McKinsey director Pierre-Ignace Bernard said, according to Reuters.

Regulatory proposals in India and Britain to abolish fixed distributor commissions could lead to asset managers, rather than customers, paying, and this could raise the asset manager’s capital requirements, the report indicated. McKinsey said opportunities in developed markets lie in increasing longevity and the tendency of older populations to accumulate more assets on which they seek a safe return.

Even so, asset managers will find their best opportunities in emerging markets, where the number of middle class savers with high savings ratios is growing rapidly and where the penetration of financial products is still very low, according to Reuters.

The drive to cut costs will spur a wave of consolidation, which in turn will produce opportunities, with recent deals indicating synergies of 5% to 20% of the target’s revenues and a large share of the target’s costs can be achieved.

“Those who are aggressive and opportunistic stand to gain significant value from the next deal wave,” said McKinsey, according to the news report.

The latest survey is based on data from more than 300 firms with 13 trillion euros ($19. 1 billion) in assets under management, representing 50% of the global industry.

Court Dismisses Company Stock Suit against Harley-Davidson

The U.S. District Court for the Eastern District of Wisconsin has dismissed a lawsuit accusing Harley-Davidson and some of its executives of breaching fiduciary duties by continuing to offer company stock as an investment option in the company's retirement plans.

After first determining that former employee Lisa Bosman had standing to sue even though she had cashed out her retirement plan account, Chief U.S. District Judge C. N. Clevert, Jr., said that “stating a valid claim of imprudence under these circumstances requires more than allegations that there were gaps between supply and demand and a corresponding bad quarter.”

Dismissing the suit for failure to state a claim, Clevert likened Bosman’s claims to those in Edgar v. Avaya, in which the 3rd U.S. Circuit Court of Appeals found that a disruption in sales and the corresponding drop in stock price do not create the type of dire situation which would require defendants to disobey the terms of the plans by not offering company stock as an investment option, or by divesting plans of company stock (see “Case Sensitive: ‘Dire’ Circumstance”).

In addition, Clevert said, “Bosman’s assertions are even more dubious given that the April 2005 stock price drop was in no way indicative of a chronic, deteriorating financial condition.” He noted the company’s stock prices generally increased throughout the remainder of the class period.

According to the opinion, the retirement plans at issue gave participants a choice of 19 funds, including the Harley-Davidson Stock Fund, and company match contributions were invested in the company stock fund, but were only required to remain there until participants were fully vested at three years of service or until age 55. The opinion also said that the SPD warned in bold, all-capital letters that “IT IS VERY IMPORTANT THAT YOU NOT PUT ALL OF YOUR RETIREMENT SAVINGS IN JUST ONE FUND – AND THIS INCLUDES THE HARLEY DAVIDSON COMMON STOCK FUND.”

Bosman had invested all of her plan assets in company stock.

She asserted in her suit that Harley-Davidson was shipping to dealers more motorcycles than were being sold, and that Harley-Davidson Financial Services (HDFS) lowered credit standards to boost sales. The complaint asserts that these practices were intended to deceive the market and to cause Harley stock to trade at inflated prices, leading to an April 13, 2005, announcement that Harley was adjusting its shipment and earnings projections, which caused a 23% drop in the value of Harley stock over the next several days of trading.

The case is In re Harley-Davidson Inc. Securities Litigation, E.D. Wis., No. 05-C-0547-CNC, 10/8/09.

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