* Madoff fraud prompts legal drive to protect consumers
* EU executive proposes stricter controls on investment
By John O'Donnell and Huw Jones
BRUSSELS/ LONDON, March 23 Retail investment
funds across Europe will be subject to stricter controls that
safeguard investors, according to proposals from the European
Commission designed to prevent a repeat of the Bernard Madoff
In a draft of a new law seen by Reuters, which will be put
to countries and the European parliament for approval in the
coming months, the European Commission proposes imposing strict
legal liability on trustees of funds should they fail to
safeguard investor cash.
The latest round of reforms is part of a push by Michel
Barnier, the EU official in charge of financial regulation, to
introduce new laws to protect consumers.
Until now, his regulatory drive over more than two years has
focused largely on the wholesale financial industry and issues
such as bonus payouts and the control of banks and trading.
The new funds law is inspired by the case of Bernard Madoff,
who is serving a 150-year prison sentence for his Ponzi scheme
which hit investors in both the United States and Europe.
The Luxembourg-based Luxalpha fund recorded losses of around
1.4 billion euros due to Madoff investments which turned out to
be fictitious, the draft said.
The new code aims to prevent a repeat of the situation that
allowed Madoff take custody of the funds although he was also
responsible for investing the money. This allowed the scale of
the fraud to go undetected for a long time, officials wrote.
"Bernard Madoff was also the manager and broker responsible
for purchasing financial instruments on behalf of Luxalpha's
investors," the draft document said.
The European Union's executive wants to separate these two
functions - that of the fund manager and the trustee that is in
charge of monitoring the work of the manager and safeguarding
In future, only banks and investment firms, which are
subjected to supervision, will be allowed take on this role of
trustee. Even if they pass this task of safe keeping on to
another custodian, they remain strictly liable.
The draft also proposes public disclosure of total pay in
the fund management company.
The draft measure on making retail products safer is part of
the revision of the bloc's rules for mutual funds known as
undertakings for collective investment in transferable
securities or UCITS.
These are marketed under different names across Europe -- in
Britain, a common type of UCIT is a unit trust.
The European Commission writes the first draft of laws but
the 27 countries in the European Union and its parliament have
the final say and often make changes.