On 5 July 2023, the International Organisation of Securities Commissions (IOSCO) published a consultation report on guidance for effective implementation of the recommendations for liquidity risk management for collective investment schemes.

The report provides detailed guidance to support greater and more consistent use of anti-dilution liquidity management tools by responsible entities for open-ended funds (OEFs), in both normal and stressed market conditions.

The guidance identifies five anti-dilution liquidity management tools (LMTs):

  • Swing pricing
  • Valuation at bid or ask prices
  • Dual pricing
  • Anti-dilution levies
  • Subscription / redemption fees

The guidance covers the design and use of anti-dilution liquidity management tools by open-ended funds including calibration of liquidity costs and appropriate activation thresholds; oversight of liquidity management tools by fund boards; managers’ boards or depositories; disclosure to investors; and overcoming barriers to effective implementation.

In order to support the greater use of anti-dilution LMTs by OEFs to mitigate investor dilution and potential first-mover advantage arising from structural liquidity mismatch in OEFs, IOSCO is proposing the following guidance:

  • Responsible entities should have appropriate internal systems, procedures and controls in place at all times, in compliance with applicable regulatory requirements for the design and use of anti-dilution LMTs as part of the everyday liquidity risk management of their OEFs to mitigate investor dilution and potential first-mover advantage arising from structural liquidity mismatch in OEFs.
  • As part of their liquidity risk management framework, responsible entities should consider and use at least one appropriate anti-dilution LMT for each OEF under management to mitigate investor dilution and potential first-mover advantage arising from structural liquidity mismatch in OEFs.
  • Anti-dilution LMTs used by responsible entities should impose on subscribing and redeeming investors the estimated cost of liquidity i.e., explicit and implicit transaction costs of subscriptions, including any significant market impact of asset purchases or sales to meet those subscriptions or redemptions. Independently of the anti-dilution LMT used, responsible entities should be able to demonstrate to authorities (in line with the authorities’ supervisory approaches) that the calibration of the tool is appropriate and prudent for both normal and stressed market conditions.
  • If responsible entities set thresholds for the activation of anti-dilution LMTs, those thresholds should be appropriate and sufficiently prudent so as not to result in any material dilution impact in the fund.
  • Responsible entities should have adequate and appropriate governance arrangements in place for their liquidity risk management processes, including clear decision-making processes for the anti-dilution LMTs.
  • Responsible entities should publish clear disclosures of the objectives and operation (including design and use) of anti-dilution LMTs to improve awareness among investors and enable them to better incorporate the cost of liquidity into their investment decisions and mitigate potential adverse trigger effects.

The deadline for feedback to this consultation is 4 September 2023.