In our October 2019 update, we discussed how the staff of the U.S. Securities and Exchange Commission (SEC) has remained sharply focused in recent years on the conflicts of interest related to investment advisers’ selection...more
The Securities and Exchange Commission (Commission) delivered its long-promised and needed update to guidance on determining the fair value of securities under the Investment Company Act of 1940 (1940 Act) on April 21, 2020....more
Over the past several years, U.S. Securities and Exchange Commission (SEC) enforcement activity has eroded the stability of the once-standard lineup of share classes available to mutual fund investors. Starting with...more
10/24/2019
/ 12b-1 plan ,
Best Practices ,
Broker-Dealer ,
Disclosure Requirements ,
Enforcement Actions ,
Fiduciary Duty ,
Form ADV ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
Mutual Funds ,
OCIE ,
Proposed Rules ,
Revenue Sharing ,
Securities and Exchange Commission (SEC) ,
Share Classes
The U.S. Securities and Exchange Commission (SEC) held an open meeting on August 21, 2019, (the Open Meeting) and approved two items: (1) guidance regarding the proxy voting responsibilities of investment advisers under the...more
9/3/2019
/ Corporate Governance ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
New Guidance ,
Proxy Advisors ,
Proxy Advisory Firms ,
Proxy Voting Guidelines ,
Regulatory Oversight ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
The SEC’s Division of Investment Management has relaxed certain in-person voting requirements for fund boards, subject to certain conditions, in a no-action letter to the Independent Directors Council (the IDC) issued on...more
3/11/2019
/ Board of Directors ,
Client Meetings ,
Division of Investment Management ,
Fund Managers ,
Investment Company Act of 1940 ,
Investment Funds ,
Investment Management ,
No-Action Relief ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Telephone Voting ,
Videoconference ,
Voting Requirements
The SEC’s Division of Investment Management issued a no-action letter on January 11, 2017 explicitly permitting brokers to set their own commission rates for sales of so-called “clean shares” of mutual funds. Previously, as...more
1/24/2017
/ Brokers ,
Department of Labor (DOL) ,
Division of Investment Management ,
Fiduciary Rule ,
Financial Institutions ,
Financial Markets ,
Investment Company Act of 1940 ,
Mutual Funds ,
No-Action Letters ,
Offerings ,
Sales Commissions ,
Securities and Exchange Commission (SEC)