UBS was accused of â??serious failureâ?� by the Commission de Surveillance du Secteur Financier (CSSF), Luxembourgâ??s financial regulator, over its custodianship of a $1.4bn fund that invested with Bernard Madoff.
The regulator ordered the bank to pay compensation, saying the â??poor execution of its due-diligence obligations constitute a serious failure of its surveillance role as a depositary bank.â?� CSSF gave the UBS's local arm three months to pay compensation for its failures and improve procedures and structures.
UBS rejected the claims, saying it was â??unfairâ?� to blame the bank. An official said: â??The investors in Luxalpha were sophisticated and explicitly agreed that the safekeeping of the securities was Madoffâ??s responsibility and not UBS's.â?�
UBS said that the Luxalpha fund was set up in 2004 at the request of a group of investors who already had money with Mr Madoff and wanted to hold their investments through a Luxembourg fund. Investors in the fund were required to sign a subscription form that said â??the risk of loss of the assets following a default of the US registered broker-dealer is borne entirely by the shareholders.â?�
Luxembourg is currently trying to rebuff critics who say that lax regulation is at least partially to blame for the losses.