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The Coalition of Mutual Fund Investors is advancing its reform agenda with the U.S. Securities and Exchange Commission (SEC), the U.S. Department of Labor, and other regulatory agencies.

Summary of SEC Distribution Plans

One of the most active issues at the SEC involves the distribution of more than $3 billion in restitution payments to individual investors who were harmed by the market timing and late trading scandals of several years ago. These monies were collected by the SEC as financial penalties from mutual fund companies and other organizations and individuals involved in these improper activities. For a status report on the specific Distribution Plans to make these restitution payments to individual investors, click here.

Rule 12b-1 Fee Developments

Another important issue for individual investors is the reform of Rule 12b-1 fees. These fees are paid from fund assets for sales and distribution activities under Rule 12b-1 of the Investment Company Act. A fund may authorize the payment of these fees only if the directors of the fund “conclude, in the exercise of reasonable business judgment and in light of their fiduciary duties under state law and under … the [Investment Company] Act, that there is a reasonable likelihood that the plan will benefit the company and its shareholders.”

The Securities and Exchange Commission has announced that it intends to offer a plan to reform or repeal Rule 12b-1. While a proposal has not been released for public comment yet, the SEC held a public Roundtable in 2007 on this subject. The Director of the SEC Division of Investment Management, Andrew Donohue, also presented his views about modifications to Rule 12b-1 in an April 2008 speech.

Click here to link to the 2007 SEC Roundtable Discussion on Rule 12b-1 (6/19/2007)

Click here to review SEC Director Andrew Donohue's Speech on 12b-1 Reform (4/24/2008)

In addition to upcoming SEC action on 12b-1 fees, several plaintiff law firms have pending litigation involving the American Funds and the Davis Funds, alleging that the use of 12b-1 fees by these Funds has been improper, excessive, and not in the interest of shareholders. These lawsuits contend that the 12b-1 fees charged to the Funds and their shareholders were not reasonably related to the services provided. Click here to learn more about these lawsuits.

Money Market Funds

The Treasury Department has established a temporary program to guarantee deposits in mutual fund money market accounts held as of September 19, 2008. Many mutual funds have enrolled in this voluntary program.

Click here to access a special section of the Treasury Department's website that explains how this program will work.

CMFI is concerned that this Treasury Department program does not provide adequate protections for individual investors who purchased money market shares through third-party intermediaries.

Click here to review CMFI's letter to Treasury Secretary Henry Paulson recommending improvements to this program for individual investors. (10/23/2008)

The SEC has released an interim final temporary rule to provide relief from certain regulations for money market funds participating in the Treasury Department's program.

Click here to review the SEC's interim final temporary rule on money market funds (11/26/2008)

Click here to review CMFI's comment letter on this interim final temporary rule (12/14/2008)

The Investment Company Institute (ICI) released the recommendations of its Money Market Working Group on March 17, 2009. Among other recommendations, the ICI Working Group advocated that the industry adopt more "robust" shareholder transparency procedures within third-party omnibus accounts to mitigate fund liquidity risks. Click here to review this ICI Working Group Report.

On June 30, 2009, the SEC released several regulatory proposals to reform its money market fund rules.

Click here to review the SEC's Proposing Release (6/30/2009)

Click here to review CMFI's comment letter on the SEC's money market fund reform proposals (9/10/2009)

On February 24, 2010, the SEC released its final rule on money market funds.

Click here to review the final SEC rule (2/23/2010)

Other Regulatory Actions

Since December of 2003, the SEC and the Labor Department have issued a number of new regulatory rules affecting the Mutual Fund industry. CMFI has commented on several of these rulemaking proposals. CMFI has also commented on proposed SEC Fair Fund Distribution Plans. The following is a summary of those SEC and Department of Labor proposals with significant policy implications for individual investors.

SEC Distribution Plan for Investors Harmed by Market Timing Activities by CIHC, Conseco Services, and Conseco Euqity Funds (proposed 12/18/2009)
A plan has been developed for the SEC to distribute $15 million in disgorgement and civil penalties to eligible investors of the CIHC, Conseco Services, and Conseco Equity Funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (12/18/2009)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Canadian Imperial Holdings and CIBC World Markets Funds (proposed 12/10/2009)
A plan has been developed for the SEC to distribute $125 million in disgorgement and civil penalties to eligible investors of the the Canadian Imperial Holdings and CIBC World Markets funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (12/10/2009)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Federated Investment Management Funds (proposed 12/4/2009)
A plan has been developed for the SEC to distribute $72 million in disgorgement and civil penalties to eligible investors of the Federated Investment Management Funds who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (12/4/2009)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Prudential Equity Group Funds (proposed 12/4/2009)
A plan has been developed for the SEC to distribute $270 million in disgorgement and civil penalties to eligible investors of the Prudential Equity Group Funds who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (12/4/2009)

CMFI Letter to SEC Chairman Mary Schapiro on the Shareholder Costs of Hidden Mutual Fund Accounts
On October 13, 2009, CMFI sent a letter to the SEC transmitting its White Paper on the costs to shareholders of hidden mutual fund accounts managed by third-party financial intermediaries. This CMFI White Paper concluded that as much as $9.6 billion is being taken from fund shareholders each year to pay for shareholder servicing and recordkeeping activities in these hidden accounts.

Click here to review CMFI's letter to the SEC (10/13/2009)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Gabelli Funds (proposed 9/11/2009)
A plan has been developed for the SEC to distribute $16 million in disgorgement and civil penalties to eligible investors of the Gabelli funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (9/11/2009)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Strong Capital Management Funds (proposed 7/30/2009)
A plan has been developed for the SEC to distribute $140 million in disgorgement and civil penalties to eligible investors of the Strong Capital Management funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (7/30/2009)
Click here to read the SEC Order approving the final Distribution Plan (9/14/2009
)

CMFI Letter to SEC Chairman Mary Schapiro on Market Timing and other Risks in Hidden Shareholder Accounts
On May 6, 2009, CMFI sent a letter to the SEC enclosing its White Paper on the risks to long-term shareholders of hidden mutual fund accounts.

Click here to review CMFI's letter to the SEC (5/6/2009)

Click here to review Chairman Schapiro's response to CMFI (6/23/2009)

CMFI Letter to SEC Chairman Christopher Cox on Omnibus Accounts
On December 15, 2008, CMFI sent a letter to the SEC advocating that the Commission address (a) regulatory gaps in the use of omnibus accounts, and (b) the lack of disclosure regarding third-party distribution payments.

Click here to review CMFI's letter to the SEC (12/15/2008)

Click here to review the SEC's response to CMFI (1/16/2009)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Bear, Stearns & Company Funds (proposed 12/8/2009)
A plan has been developed for the SEC to distribute $250 million in disgorgement and civil penalties to eligible investors of the Bear, Stearns & Company funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (12/8/2008)
Click here to read the SEC Order approving the final Distribution Plan (2/4/2009
)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Ritchie Capital Management Funds (proposed 7/30/2008)
A plan has been developed for the SEC to distribute $40 million in disgorgement and civil penalties to eligible investors of the Ritchie Capital Mangement funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (7/30/2008)
Click here to read the SEC Order approving the final Distribution Plan (12/11/2008)

SEC and Labor Department Retirement Plan Agreement
On July 29, 2008, SEC Chairman Christopher Cox and U.S. Labor Secretary Elaine Chao announced an information-sharing and cooperation agreement to help protect the interests of investors in private sector retirement plans.

Click here to review the Labor Department's press release (7/29/2008)

Click here to review the SEC's press release (7/29/2008)

Click here to review the SEC-Labor Department Memorandum of Understanding (7/29/2008)

Labor Department Rule Regarding Disclosures to Retirement Plan Participants (proposed 7/23/2008)
The Department of Labor has proposed a rule to improve the disclosures to individual investors about their retirement plan and its investment alternatives, so that plan participates can have the information they need to make informed decisions about the management of their retirement savings.

Click here to read the proposed rule (7/23/2008)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by General American Life Insurance Funds (proposed 5/23/2008)
A plan has been developed for the SEC to distribute $3.4 million in disgorgement and civil penalties to eligible investors of the General American Life Insurance funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (5/23/2008)
Click here to read the SEC Order approving the final Distribution Plan (7/25/2008
)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Alliance Capital Management Funds (proposed 3/13/2008)
A plan has been developed for the SEC to distribute $321 million in disgorgement and civil penalties to eligible investors of the Alliance Capital Management Funds who were harmed by market timing and other activities.

Click here to read the proposed distribution plan (3/13/2008)

Taxation of SEC Distribution Plans
CMFI sent a letter to SEC Chairman Cox regarding the taxation of Fair Fund distribution payments to individual investors.

Click here to read the letter (2/6/2008)

Click here to read the SEC response (3/5/2008)


Labor Department Rule on Service Provider Disclosures (12/13/2007)
The Department of Labor has proposed a rule to require that contracts between employee benefit plans and service providers contain provisions to enhance disclosure of compensation and potential conflicts of interest.

Click here to read the proposed rule (12/13/2007)

SEC Summary Prospectus Rule (11/30/2007)
This SEC rule improves mutual fund disclosure by providing investors with important information in plain English and in a clear and concise format. The rule also enhances the means of delivering more detailed information to investors.

Click here to read the proposed rule (11/21/2007)

Click here to read the SEC notice reopening the comment period (8/6/08)

Click here to review CMFI's comment letter on this proposed rule (submitted 2/13/2008)

Click here to review CMFI's second comment letter on this proposed rule (submitted 8/29/08)

Click here to review the final SEC rule (1/13/2009)

Labor Department Rule Regarding the Availability of Pension Plan Information (9/14/2007)
The Department of Labor has proposed a rule to require the administrator of a multi-employer plan to provide actuarial and financial information to participants upon request.

Click here to read the proposed rule (9/14/2007)

Labor Department Requests Comments on Investment Disclosures in Employee Benefit Plans (requested 4/25/2007)
The Department of Labor has issued a Request for Information regarding whether actions should be taken to ensure that individuals in participant-directed account plans (e.g. 401(k) plans) have adequate information to make informed decisions about their investments.

Click here to read the request for information (4/25/2007)

Labor Department Annual Reporting and Disclosure Regulations (proposed 7/21/06)
The Department of Labor has developed new regulations to increase the disclosures that benefit plans (including 401(k) retirement plans) provide in their annual reports to the government.

Click here to read the proposed regulations (7/21/06)

Click here to read the final regulations (11/16/07)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Banc of America and Nations Funds (proposed 7/16/07)
A plan has been developed for the SEC to distribute $375 million in disgorgement and civil penalties to eligible investors of the Nations funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (7/16/2007)

Click here to read the SEC Order approving the final Distribution Plan (12/27/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by the Invesco and AIM Funds (proposed 7/6/2007)
A plan has been developed for the SEC to distribute $375 million in disgorgement and civil penalties to eligible investors of the Invesco and AIM Funds who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan for Invesco Funds (7/6/2007)

Click here to read the proposed Distribution Plan for AIM Funds (7/6/2007)

Click here to read the SEC Order approving the Invesco Funds Final Distribution Plan (5/23/08)

Click here to read the SEC Order approving the AIM Funds Final Distribution Plan (5/23/08)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by the Franklin Templeton Funds (proposed 6/6/2007)
A plan has been developed for the SEC to distribute $50 million in disgorgement and civil penalties to eligible investors of the Franklin Templeton funds who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (6/6/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by the Janus Funds (proposed 5/31/2007)
A plan has been developed for the SEC to distribute $100 million in disgorgement and civil penalties to eligible investors of the Janus Funds who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (5/31/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Millennium Partners (proposed 5/31/2007)
A plan has been developed for the SEC to distribute $180 million in disgorgement and civil penalties to eligible investors of the Millennium Investment funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (5/31/2007)

Click here to read the SEC Order approving final Distribution Plan (8/3/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by the RS Funds (proposed 5/14/2007)
A plan has been developed for the SEC to distribute $25 million in disgorgement and civil penalties to eligible investors of the RS Funds who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (5/14/2007)

Click here to read the final Distribution Plan (8/8/2007)

Click here to read the SEC order approving the final Plan (8/8/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by International Equity Advisors (proposed 4/25/2007)
A plan has been developed for the SEC to distribute $3.19 million in disgorgement and civil penalties to eligible investors of the International Equity funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (4/25/2007)

Click here to read the SEC Order approving the final Distribution Plan (8/8/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by the Putnam Funds (proposed 3/30/2007)
A plan has been developed for the SEC to distribute $98 million in disgorgement and civil penalties to eligible investors of the Putnam Funds who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (3/30/2007)

Click here to read the final Distribution Plan (7/20/2007)

Click here to read the SEC order approving the final Plan (7/20/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Massachusetts Financial Services Company (proposed 9/14/06)
A plan has been developed for the SEC to oversee the distribution of $140 million in disgorgement and civil penalties to eligible investors of the Massachusetts Financial Services Company who have been harmed by market timing and other activities.

Click here to read CMFI's comment letter on this proposed Distribution Plan (submitted 10/16/06)

Click here to read the final Distribution Plan (7/24/2007)

Click here to read the SEC order approving the final Plan (7/24/2007)

Click here to read the revised SEC order approving the modified distribution plan (9/25/2007)

Click here to read the modified distribution plan (9/25/2007)

SEC Distribution Plan for Investors Harmed by Market Timing Activities by Veras Investment Partners (proposed 8/10/2006)
A plan has been developed for the SEC to distribute $37,700,488.00 in disgorgement and civil penalties to eligible investors of the Veras Investment funds and other fund families who were harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (8/10/2006)

Click here to read the SEC Order approving the final Distribution Plan (10/4/2006)

SEC Distribution Plan for Investors Harmed By Market Timing Activities by BancOne/One Group (proposed 8/7/06)
A plan has been developed for the SEC to oversee the distribution of $140 million in disgorgement and civil penalties to eligible investors of BancOne/One Group who have been harmed by market timing and other activities.

Click here to read the proposed distribution plan (8/7/06)

Click here to read CMFI's comment letter on this proposed Distribution Plan (submitted 9/6/06)

Click here to read the final Distribution Plan (5/9/2007)

Click here to read the SEC order approving the final Plan (5/9/2007)

SEC Distribution Plan for Investors Harmed By Market Timing Activities by the Columbia Funds (proposed 7/19/06)
A plan has been developed for the SEC to oversee the distribution of $140 million in disgorgement and civil penalties to eligible investors of the Columbia Funds who have been harmed by market timing and other activities.

Click here to read the proposed Distribution Plan (7/19/2006)

Click here to read CMFI's comment letter on this proposed Distribution Plan (submitted 8/17/06)

Click here to read the final Distribution Plan (4/6/2007)

Click here to read the SEC order approving the final Plan (4/6/2007)

SEC Distribution Plan for Investors Harmed By Market Timing Activities by the Pilgrim Baxter Funds (proposed 6/30/06)
A plan has been developed for the SEC to oversee the distribution of $250 million in disgorgement and civil penalties to eligible investors of the Pilgrim Baxter Funds who have been harmed by market timing and other activities.

Click here to read CMFI's comment letter on this proposed Distribution Plan (submitted 7/31/06)

Click here to read the final Distribution Plan (11/22/06)

Click here to read the SEC order approving the final Plan (11/22/2006)

CMFI sent a letter to SEC Chairman Cox regarding the use of technology to advance the interests of individual investors (10/20/05)

Click here to read the letter.

Click here to read the SEC response.

Mandatory Redemption Fees for Redeemable Fund Securities (proposed 3/5/04)
This proposed rule would require mutual funds (with certain limited exceptions) to impose a two percent redemption fee on the redemption of shares purchased within the previous five days. The redemption fee would be retained by the fund. The rule is designed to require short-term shareholders to reimburse the mutual fund for costs incurred when they use the fund to implement short-term trading strategies, such as market timing. The rule also requires that financial intermediaries using omnibus accounts share information with mutual funds about the identities and transactions of their omnibus account holders.

Click here to review the SEC's proposed rule (3/5/04)

Click here to read CMFI's Comment Letter on this proposed rule (submitted 5/10/04)

Click here to review the final rule, request for additional comment (3/11/05, effective 5/23/05)

Click here to read CMFI's additional comments to the final rule (submitted 5/9/05)

The SEC has proposed amendments to the redemption fee rule that was recently adopted. The rule, among other things, requires most open-end investment companies ("funds") to enter into agreements with intermediaries, such as broker-dealers, that hold shares on behalf of other investors in so called "omnibus accounts." These agreements must provide funds access to information about transactions in these accounts to enable the funds to enforce restrictions on market timing and similar abusive transactions. The Commission seeks to amend the rule to clarify the operation of the rule and reduce the number of intermediaries with which funds must negotiate information-sharing agreements. The amendments are designed to address issues that came to the Commission's attention after it had adopted the rule, and are designed to reduce the costs to funds (and fund shareholders) while still achieving the goals of the rulemaking.

Click here to read CMFI's Comment Letter on the proposed rule (submitted 4/10/06)

Click here to read the proposed amendments to the rule (2/28/06)

Click here to read the final amendment to the rule (9/27/06)

Point of Sale Disclosure Requirements and Confirmation Requirements for Transactions in Mutual Funds, College Savings Plans, and Certain Other Securities, and Amendments to the Registration Form for Mutual Funds (proposed 3/4/05)
The Securities and Exchange Commission (“Commission”) is reopening the comment period on proposed rules, published in January 2004, that would require broker-dealers to provide their customers with information regarding the costs and conflicts of interest that arise from the distribution of mutual fund shares, 529 college savings plan interests, and variable insurance products. The Commission also is supplementing its request for comments on the proposed rules to reflect issues raised by commenters, including feedback received from investors in in-depth interviews about revised forms for disclosing information at the point of sale. The Commission is publishing this supplemental request for comment and reopening the comment period to assure that the public has a full opportunity to address such issues in their comments.
Click here to review the proposed rule (3/4/05)

Confirmation Requirements and Point of Sale Disclosure Requirements for Transactions in Certain Mutual Funds and Other Securities (1/29/04)
These two new rules would require broker-dealers to provide their customers with targeted information, at the point of sale and in transaction confirmations, regarding the costs and conflicts of interest that arise from the distribution of mutual fund shares, unit investment trust interests (including insurance securities), and municipal fund securities used for education savings. The Commission is also proposing amendments to Form N-1A, the registration form for mutual funds, to improve disclosure of sales loads and revenue sharing.

Clich here to review the proposed rule (1/29/04)

Click here to read CMFI's comment letter on this proposed rule (submitted 4/12/04)

Certain Broker-Dealers Deemed Not To Be Investment Advisers (proposed 1/6/05)
Under the reproposed rule, a broker-dealer providing nondiscretionary advice that is solely incidental to its brokerage services is excepted from the Investment Advisers Act regardless of whether it charges an asset-based or fixed fee (rather than commissions, mark-ups, or mark-downs) for its services. The rule would also state that exercising investment discretion is not solely incidental to brokerage business, and thus, a broker-dealer providing discretionary advice would be deemed to be an investment adviser under the Investment Advisers Act. In addition, under the rule, broker-dealers would not be subject to the Investment Advisers Act solely because they offer full-service brokerage and discount brokerage services, including electronic brokerage, for reduced commission rates. Finally, the Commission is proposing to issue a statement of interpretive position that would clarify when certain broker-dealer advisory services, including financial planning, are solely incidental to brokerage business.

Click here to review the SEC's proposed rule (proposed 1/6/05)

Click here to review the request for additional comment (8/18/04)

Click here to read the Final Rule, extension of compliance date (9/12/05)

Click here to read the Final Rule (4/12/05)

Click here to read the Temporary Rule and Proposed Rule (1/6/05)

Definition of Eligible Portfolio Company under the Investment Company Act of 1940 (proposed 11/1/04)
The proposed new rules are designed to realign the definition of eligible portfolio company set forth under the Investment Company Act, and the investment activities of business development companies (“BDCs”), with the purpose of the Small Business Investment Incentive Act of 1980 (“SBIIA”). These rules are intended to expand the definition of eligible portfolio company in a manner that would promote the flow of capital to small, developing and financially troubled companies.

Click here to review the SEC's proposed rule (proposed 11/1/04)

Click here to read the final rule (10/25/06)

Click here to review a reproposed rule regarding the definition of "eligible portfolio company" (10/25/06)

Registration Under the Advisers Act of Certain Hedge Fund Advisers (proposed 7/20/04)
The proposed new rule and amendments would require advisers to certain private investment pools ("hedge funds") to register with the Commission under the Advisers Act. The rule and rule amendments are designed to provide the protections afforded by the Advisers Act to investors in hedge funds, and to enhance the Commission's ability to protect our nation's securities markets.

Click here to review the SEC's proposed rule (proposed 7/20/04)

Click here to read the Final Rule (12/2/04)

Disclosure Regarding Portfolio Managers of Registered Management Investment Companies (proposed 3/11/04)
This proposal would improve the disclosure provided by registered management investment companies regarding their portfolio managers. The rule would extend the existing requirement that a registered management company provide basic information in its prospectus regarding its portfolio managers to include the members of management teams. The rule also would require a registered management investment company to disclose additional information about its portfolio managers, including other accounts they manage, compensation structure, and ownership of securities in accounts they manage.

Click here to review the SEC's proposed rule (proposed 3/11/04)

Click here to review the final rule (8/23/04, effective 10/1/04)

Prohibition on the Use of Brokerage Commissions to Finance Distribution (proposed 2/24/04)
This proposed rule would prohibit mutual funds from paying for the distribution of their shares with brokerage commissions. The rule is designed to end a practice that is fraught with conflicts of interest and may be harmful to funds and fund shareholders.

Click here to review the SEC's proposed rule (proposed 2/24/04)

Click here to review the final rule (9/2/04, effective 10/14/04)

Disclosure Regarding Approval of Investment Advisory Contracts by Directors of Investment Companies (proposed 2/11/04)
This proposed rule would improve disclosure provided by registered management investment companies about how their boards of directors evaluate and approve, and recommend shareholder approval of, investment advisory contracts. The proposed amendments would require a registered management investment company to provide disclosure in its reports to shareholders regarding the material factors and the conclusions with respect to those factors that formed the basis for the board’s approval of advisory contracts during the reporting period.

Click here to review the SEC's proposed rule (proposed 2/11/04)

Click here to review the final rule (6/23/04, effective 8/5/04)

Investment Adviser Codes of Ethics (proposed 1/20/04)
This proposed rule would create a new code of ethics for registered advisors. The codes of ethics would set forth standards of conduct expected of advisory personnel, safeguard material nonpublic information about client transactions, and address conflicts that arise from personal trading by advisory personnel. Among other things, the rule would require certain employees of an advisor to report their personal securities transactions, including transactions in any mutual fund managed by the adviser.

Click here to review the SEC's proposed rule (proposed 1/20/04)

Click here to review the final rule (7/9/04, effective 8/31/04)

Investment Company Governance (proposed 1/15/04)
This proposal would require registered investment companies to adopt certain governance practices. The proposed amendments, which apply to funds relying on certain exemptive rules, are designed to enhance the independence and effectiveness of fund boards and to improve their ability to protect the interests of the funds and fund shareholders they serve. The most significant proposal in this rulemaking is a requirement that the chairman of a fund board be an independent director.

Click here to review the SEC's proposed rule (proposed 1/15/04)

Click here to review the first final rule (7/27/04)

Click here to review U.S. Chamber of Commerce v. SEC (Court of Appeals, DC Circuit, 6/21/05)

Click here for the Commission Response to Remand by Court of Appeals (Rel. No. IC-26985, 6/30/05)

Click here for the new final rule (7/7/05)

Click here for concurring views of Chairman Donaldson

Click here for concurring views of Commissioner Goldschmid

Click here for concurring views of Commissioner Campos

Click here for the dissent of Commissioner Glassman

Click here for the dissent of Commissioner Atkins

Click here for the Commission Order on Stay Request (Rel. No. IC-26989, 7/15/05)

Click here to review U.S. Chamber of Commerce v. SEC (Court of Appeals, DC Circuit, 4/7/2006)

Click here to review SEC request for additional comment (6/19/06)

Click here to review SEC request for additional comment (12/15/06)

Disclosure of Breakpoint Discounts by Mutual Funds (proposed 12/17/03)
This proposal would require an open-end management investment company to provide enhanced disclosure regarding breakpoint discounts on front-end sales loads. Under the proposed amendments, an open-end management investment company would be required to describe in its prospectus any arrangements that result in breakpoint discounts for sales loads and to provide a brief summary of shareholder eligibility requirements.

Click here to review the SEC's proposed rule (proposed 12/17/03)

Click here to read CMFI's comment letter on this proposed rule (submitted 2/11/04)

Click here to review the Final Rule (6/7/04), effective 7/23/04)

Amendments to Rules Governing Pricing of Mutual Fund Shares (proposed 12/11/03)
This proposed rule would provide that an order to purchase or redeem mutual fund shares would receive the current day's price only if the fund, its designated transfer agent, or a registered securities clearing agency receives the order by the time that the fund establishes for calculating its net asset value. This time is typically when the major U.S. stock exchanges close at 4 p.m. EST. The amendments are designed to prevent unlawful late trading in fund shares.

Click here to review the SEC's proposed rule (proposed 12/11/03)

Click here to read CMFI's comment letter on this proposed rule (submitted 2/6/04)

Disclosure Regarding Market Timing and Selective Disclosure of Portfolio Holdings (proposed 12/11/03)
This proposed rule would require open-end management investment companies to disclose in their prospectuses both the risks to shareholders of the frequent purchase and redemption of investment company shares, and the investment company's policies and procedures with respect to such frequent purchases and redemptions. The proposals would require similar prospectus disclosure for insurance company separate accounts issuing variable annuity and variable life insurance contracts. The Commission is also proposing to clarify that open-end management investment companies and insurance company managed separate accounts that offer variable annuities, other than money market funds, are required to explain both the circumstances under which they will use fair value pricing and the effects of using fair value pricing. In addition, the Commission is proposing to require open-end management investment companies and insurance company managed separate accounts that offer variable annuities to disclose their policies and procedures with respect to the disclosure of their portfolio securities, and any ongoing arrangements to make available information about their portfolio securities.

Click here to review the SEC's proposed rule (proposed 12/11/03)

Click here to read CMFI's comment letter on this proposed rule (submitted 2/6/04)

Click here to review the final rule (4/19/04, effective 5/28/04)

Concept Release: Request for Comments on Measures to Improve Disclosure of Mutual Fund Transaction Costs (proposed 12/19/03)
The Securities and Exchange Commission sought public comment on a number of issues related to the disclosure of mutual fund transaction costs, including, among other things, whether mutual funds should be required to quantify and disclose to investors the amount of transaction costs they incur, include transaction costs in their expense ratios and fee tables, or provide additional quantitative or narrative disclosure about their transaction costs. The SEC also sought public comment on whether mutual funds should be required to record some or all of their transaction costs as an expense in their financial statements.

Click here to read the SEC's concept release (proposed 12/19/03)

Click here to read CMFI's comment letter on this concept release (submitted 2/23/04)

CMFI sent a letter to SEC Chairman Donaldson regarding omnibus accounts and the need for uniform treatment of mutual fund shareholders
. (12/12/2003)

Click here to read the letter.

Click here to read the SEC response.

 

 

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