Double full stop: Difference between revisions

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}}A sure sign a document has had a tortured gestation, during which it was feasted on by [[legal eagle]]s from all quarters but — critically — before all was said and done [[deal fatigue]] set in, most of them lost interest, and someone said, “O.K., hang it, let’s just sign the damn thing.”  
}}A sure sign a document has had a tortured gestation, during which it was feasted on by [[legal eagle]]s from all quarters but — critically — before all was said and done [[deal fatigue]] set in, most of them lost interest, and someone said, “O.K., hang it, let’s just sign the damn thing.”  


What is left is a tract with all the usual [[tedious]] legal tropes but unusually strewn with unextinguished blobs, square brackets and miscellaneous harmless typos, the most feckless of which is the [[double full stop]]..
What is left is a tract with all the usual [[tedious]] legal tropes but improbably strewn with unextinguished [[blob]]s, square brackets and miscellaneous harmless typos, the most feckless of which is the [[double full stop]]..


The double full stop is a mis-punctuation unusually acute in its [[bathos]]. It says, “this mattered to me once, but I am past caring. Just deliver me from this godforsaken project. Let me go.”
The [[double full stop]] is unusually acute in its [[bathos]]. It says, “this mattered to me once, gravely, but I am past caring. I hate you all. Just deliver me from this godforsaken project. Let me go. I don’t even want a [[tombstone]]. And ''closing dinner'' did you say? '''Bite me''.”


A celebrated example comes from the [[Cayman Islands Monetary Authority]]’s recent, bished, attempt to update its rules on [[asset segregation]] for [[investment fund]]s. I know what you are thinking: ''Be still, my beating heart.''  
A celebrated example comes from the [[Cayman Islands Monetary Authority]]’s recent, bished, attempt to update its rules on [[asset segregation]] for [[investment fund]]s. Yes, yes: I know what you are thinking: ''Be still, my beating heart.''  


Now you can imagine, as no doubt [[CIMA]] did, that such a project was hardly [[calculated]] to attract world-wide attention. Perhaps they assigned it to their newest member, by way of initiation ritual, or as a practical joke, or an earnest means of learning the ropes. We speculate.  
Now you can imagine, as no doubt [[CIMA]] did, that such a project was not [[calculated]] to attract world-wide attention. Perhaps they assigned it to their newest member, by way of initiation ritual, as a practical joke, or as an earnest means of learning the ropes. We speculate. In any weather, the new rules started off brightly enough:  
 
In any weather, the new rules start off brightly enough:  


:''{{helvetica|“5.2. The Portfolio must be segregated and accounted for separately from any assets of any Service Provider.”}}''
:''{{helvetica|“5.2. The Portfolio must be segregated and accounted for separately from any assets of any Service Provider.”}}''


It does not take long for things to take a darker turn. Just a few paragraphs down the rules remark almost by way of marginal note:
But it did not take long for things to take a darker turn. Just a few paragraphs further on, the rules provided, almost by way of parenthetical note:


:''{{helvetica|5.5. The overriding requirement of Rule 5.2 is that a Fund must ensure that none of its Service Providers use the Portfolio to finance their own or any other operations in any way.}}''
:''{{helvetica|5.5. The overriding requirement of Rule 5.2 is that a Fund must ensure that none of its Service Providers use the Portfolio to finance their own or any other operations in any way.}}''


We do not need even to pause to observe that, on its face, this is nothing ''like'' the overriding goal of Rule 5.2, which says nothing of the kind. Rule 5.2 asks custodians not to commingle client and house assets; an entirely workaday affordance that, to any half-way competent trust and agency professional would hardly need be said. Instead Rule 5.5 seems seems to prohibit any service provider from rehypothecating assets. In a business as heavily dependent on margin lending as the Cayman Hedge Fund industry, this is quite the bolt from the blue.
We do not need to pause for long to observe that, on its face, this is nothing ''like'' the overriding goal of Rule 5.2, which says nothing of the kind. Rule 5.2 asks custodians not to commingle their clients’ assets with their own; an entirely workaday affordance that, to any half-way competent trust and agency professional, would hardly need being said. But Rule 5.5 reaches beyond this tepid lagoon. It seems to want to muck around in private affairs, barring any [[custodian]]s from ''rehypothecating'' assets. In a business as dependent on [[margin lending]] as is the [[Cayman Islands]]’ [[hedge fund]] industry, this is quite the intrusive bolt from the blue. The industry, and its divers professional advisers, rose up as one. “What,” it enquired, “on Earth do you think you are playing at?”


Of course this was not what CIMA meant at all, and there followed a hasty “[[reverse ferret]]” wherein websites were updated, guidance reissued, correspondence clarified,
Of course, this was not what [[CIMA]] meant at all, and there followed a hasty “[[reverse ferret]]” wherein websites were updated, guidance reissued, correspondence clarified, and rules rewritten.