(The news
featured below is a selection from the news covered in the Federal Securities
Report Letter, which is distributed to subscribers of the Federal
Securities Law Reports.)
Fund Rulemaking Addresses Late
Trading, Market Timing
The SEC took action on three
measures intended to address late trading, market timing and other perceived
abuses in the mutual fund industry. Initially, the Commission proposed a rule
that would require fund orders to be received by the mutual fund, its primary
transfer agent or a registered securities clearing agency by the time that the
fund uses for calculating its net asset value in order to receive that day's
price. According to the SEC, this rule would effectively eliminate the potential
for late trading through intermediaries that sell fund shares. A public comment
period concerning this proposal will run for 45 days following its publication
in the Federal Register.
Compliance Procedures
The Commission also voted to adopt
a compliance rule that will require funds and advisers to 1) have compliance
policies and procedures, 2) annually review the policies and procedures and 3)
designate a chief compliance officer. In the case of mutual funds, this officer
would report to the board of directors.
Designated compliance officers and
written policies and procedures would have several benefits, stated the SEC. The
presence of a designated compliance officer accountable to the fund's board of
directors would enhance oversight by directors, concluded the agency, and would
allow the SEC's examination staff to review the reports made to the board.
Compliance with this rule will be required no later than nine months after its
publication in the Federal Register.
Disclosure Proposals
Finally, the Commission voted to
propose enhanced disclosure requirements. These enhancements would require funds
to disclose 1) market timing policies and procedures, 2) practices regarding
fair valuation of their portfolio securities and 3) policies and procedures with
respect to the disclosure of their portfolio holdings. The agency stated that
this disclosure would allow investors to better understand the fund's policies
on market timing and selective disclosure of portfolio holdings and how funds
manage the risks in these areas. A public comment period concerning these
proposals will run for 45 days following their publication in the Federal
Register.
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The proposing and adopting releases will be published in a forthcoming REPORT
.
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