Regulation

President Bush's plans to radically change the way Americans save for retirement offer many interesting proposals, due to their simplicity and their availability for all. But it remains to be seen whether Congress will pass these sweeping changes into law.

An inadvertent administrative glitch can be a fund advisor's worst nightmare, especially when the renewal of a fund's advisory contract is botched.

Saying that the gigantic growth of the fund industry has stretched its resources to the limit, the Securities and Exchange Commission asked fund companies last Tuesday to consider appointing chief compliance officers and put internal compliance programs in writing. More significantly, the SEC asked the public and the industry to comment on the creation of a mutual fund self-regulatory organization (SRO), much like the National Association of Securities Dealers, to work in tandem with the SEC.

Let's not have another chad fiasco like the one that happened in the last presidential election.

The Securities and Exchange Commission announced last Thursday that it will require mutual funds and their investment advisors to disclose their proxy votes and have fund executives certify the accuracy of their financial statements. Subject to further review by the Office of Management and Budget, the proxy requirement could take effect as early as this summer, as the SEC is recommending annual release of this information on or before Aug. 31 of each year. The commission is recommending that fund companies have the choice of posting the files on their Web sites or making them available in hard-copy form. As to the timetable for certification, a spokesman for the SEC could not specify when the certification requirement could take effect.

Investing in a variable annuity in a tax-deferred retirement plan has long been the target of industry critics, but this month a New York law firm did more than just harp on the practice. It filed a lawsuit against it.

WASHINGTON - Securities and Exchange Commission officials intend to finalize a controversial proposal to force mutual funds to disclose how they vote in proxy decisions this week.

Securities and Exchange Commission Chairman Harvey Pitt this month urged mutual fund directors to ensure that their investors are not being overcharged by brokerage houses in the form of fees levied on securities transactions (see MFMN 1/13/03).

WASHINGTON - Four former chairmen of the Securities and Exchange Commission said last week that directors of mutual fund boards need to do a far better job of monitoring the funds they oversee and prevent the kind of fraud that has run rampant on Wall Street the past year.

Talk about going out and seeing America.