Mutual Funds

News & Analysis as of

Possible Worlds Versus Probable Worlds - the Metaphysics of Systemic Risk: FSOC Revisits Asset Managers

On April 18, 2016, the Financial Stability Oversight Council (FSOC) again warned that asset managers present systemic risk to financial stability in five key areas: ..liquidity and redemptions; ..leverage;...more

Investment Management Update - April 2016

Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management...more

In Case You Missed It: Launch Links - March 2016 #4

Some interesting links we found across the web this week: - How The Fiduciary Rule Will Harm Fintech And Startups - The Department of Labor may not be the first federal agency on an early-stage startup founder’s...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - Remember to Update Your Risk Disclosure on an Ongoing Basis - The staff of the Securities and Exchange Commission (SEC) issued guidance reminding mutual funds, exchange traded funds, and other...more

Investment Management Update - March 2016

Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. SEC, FINRA...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team

Tax-writing House Committee Proposes $48 Million Hike - The House Ways and Means Committee has approved a package of revenue measures totaling more than $48 million. The package includes a transportation funding bill...more

Your daily dose of financial news The Brief – 3.10.16

The SEC’s been floating an idea that would require mutual funds “to increase their liquidity cushions to accommodate investors looking to leave in a hurry,” but the industry’s pushing back—hard—despite the recent Third Avenue...more

The Decline of the Small IPO

A recent journal article by Prof. Robert Bartlett, III, Prof. Paul Rose, and Prof. Steven Davidoff Solomon (What Happened in 1998? The Demise of the Small IPO and the Investing Preferences of Mutual Funds) suggests that the...more

Your daily dose of financial news The Brief – 3.8.16

Health-care focused hedge fund Visium Asset Management disclosed to investors yesterday that it’s the subject of an ongoing SEC and DOJ investigation—reportedly over Visium’s “valuation of certain securities” in a fund it...more

SEC Staff Publishes its Views on Oversight of Certain Payments to Financial Intermediaries

The staff of the U.S. Securities and Exchange Commission (SEC) Division of Investment Management (Staff) published a Guidance Update on January 6, 2016 related to mutual fund distribution and sub-accounting fees. In the...more

SEC Staff Issues Guidance on Mutual Fund Distribution Arrangements

Recently issued SEC staff guidance reminds mutual fund directors of their obligations to evaluate fund payments to financial intermediaries and emphasizes investment advisers’ and other service providers’ obligation to...more

Islamic Finance News 2016 Annual Guide

A volatile year for Islamic finance – the only way is up? Once again the close of the year has come around more quickly than we ever thought possible, and it is time again for our annual review and outlook of the Islamic...more

SEC Provides Long-Awaited Guidance on Fund Distribution and Sub-Accounting Fees

Guidance Update No. 2016-01, published this month by the SEC’s Division of Investment Management, provides extensive guidance concerning the possibility that payments from mutual funds are being used to promote sales of the...more

New Great West case and Revenue Sharing

Add Great West under their Empower Retirement brand name as the latest bundled provider being sued. Great West is being sued for revenue sharing fees from mutual funds as part of their program....more

SEC Issues Guidance on Mutual Fund Payment of Distribution Fees to Intermediaries

On January 6, the staff of the Securities and Exchange Commission's (SEC's) Division of Investment Management issued Guidance Update 2016-01, "Mutual Fund Distribution And Sub-Accounting Fees" (the "Guidance"). The Guidance...more

SEC Requests Public Comment on Transfer Agent Regulation Proposal and Concept Release

SEC proposal would modernize the regulation of the transfer agency industry, particularly with respect to mutual funds. Last month, the US Securities and Exchange Commission (SEC) issued an Advance Notice of Proposed...more

SEC Publishes Guidance on Mutual Fund Distribution and Sub-Accounting Fees

On January 6, 2016, the staff (the “Staff”) of the SEC’s Division of Investment Management published guidance (the “Guidance”) containing the Staff’s views and recommendations relating to mutual fund distribution and...more

SEC Issues Guidance on Oversight of Fund Payments of Sub-Accounting Fees

On January 6, 2016, the SEC’s Division of Investment Management issued a Guidance Update titled, “Mutual Fund Distribution and Sub-Accounting Fees” (the “Guidance”). The Guidance arises from a multi-year SEC staff review of...more

SEC’s Division of Investment Management Offers New Guidance on “Distribution in Guise” Payments

On January 6, 2016, the Securities and Exchange Commission’s (“SEC”) Division of Investment Management issued its first written guidance (“New Guidance”) on payments made by mutual funds to intermediaries for distribution and...more

SEC Payments "in Guise" Case Resolves Little

The SEC has long considered whether mutual funds are making distribution payments “in guise”—i.e., payments primarily intended to result in sales of fund shares but disguised as something else. See “Feds Dig for Disguised...more

Federal Tax Advisory: Investment Company Rules

Sections 351 and 362 contain investment company rules that have nothing to do with mutual funds. They define certain corporations as investment companies in counterintuitive ways and then deny the usual nonrecognition...more

SEC Proposes Liquidity Risk Programs for Funds

The SEC proposed rule reforms on September 22 designed to improve liquidity risk management by open end funds. Liquidity Risk Management Programs - Under the proposed reforms, mutual funds (excluding money market...more

Annual Compliance Testing Should Re-Calibrate WSPs

As 2015 ended, FINRA fined Barclays Capital $13.75 million for mutual-fund switching and breakpoint supervisory failures that might have been avoided if that part of Barclay’s WSPs had been properly calibrated and/or part of...more

Individual Inquiries Predominate in 401(k) Litigation

In denying class certification in an action against Transamerica Life Insurance Company (TLIC), the Central District of California noted that the “sheer number of participants and plans” potentially involved in this...more

Risk Classification Methodology — Standard Deviation for Mutual Funds and ETFs

On December 10, 2015, the Canadian Securities Administrators (CSA) published for comment proposed amendments as part of stage 3 of the point of sale disclosure project mandating fund managers to use a standardized risk...more

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