Compliance

While index funds already have a place in the lineup of most 401(k) plans, a proposed federal mandate to require at least one index fund option in these plans is intrusive and unnecessary, according to industry experts.

After several failed attempts, the Securities and Exchange Commission is again revisiting the contentious debate on shareholder proxy voting.

European Union Internal Market Commissioner Charlie McCreevy is expected to propose uniform new rules regarding depositories for undertakings in collective investments in transferable securities (UCITs), the European Commission’s version of mutual funds.

The Connecticut state Senate passed a bill to require more disclosure and transparency of hedge funds, private equity firms and venture capitalists. It would also require the investment firms to disclose conflicts of interest to investors.

The Internal Revenue Service has proposed new rules that would grant safe harbor for employers experiencing substantial business hardship that want to suspend or reduce their 401(k) matches.

Government actions to stabilize asset-backed commercial paper, including the Asset-Backed Commercial Paper (ABCP) Money Market Mutual Mutual Fund Liquidity Facility (AMLF) and the Money Market Investor Funding Facility (MMIFF), are helping to stabilize ABCP and other short-term instruments, Fitch reports. However, ABCP credit ratings are not improving.

In its zeal to apply a free market philosophy to the Securities and Exchange Commission, the Bush administration created an environment where the agency's enforcement staff was unable to take definitive policy positions or bring enforcement actions, according to Mercer Bullard, associate professor of law at the University of Mississippi School of Law.Testifying on May 7 at a Senate Banking subcommittee hearing, Mercer said that the problems at the SEC reflect a state of "deregulatory capture," where the commission was unaware of and unable to respond to many enforcement matters before they surfaced.

Risk management has taken on a whole new meaning after the crazy behavior of markets during the past 18 months.

The Securities and Exchange Commission is considering making significant changes to money market mutual funds because there is still a danger that these funds could be unable to meet redemptions when investors begin to step off the sidelines en masse and move back into equity markets.

Mary Schapiro, chairman of the Securities and Exchange Commission, bridled against the proposal that the government create a consumer financial protection agency. Evidently, the SEC wants to maintain its regulatory control over mutual funds.

People investing for retirement in mutual funds should not pay capital gains taxes until those shares are sold, according to Senators Mike Crapo (R-Idaho) and Tim Johnson (D-South Dakota). To keep retirement savings earning more money for a longer period of time, the senators have introduced the GROWTH (Generating Retirement Ownership Through Long-Term Holding) Act, which the Investment Company Institute supports.

The Obama administration is considering forming a regulatory commission to protect consumers against predatory sales and practices by mutual funds, mortgage lenders and credit card companies.

The Securities and Exchange Commission is holding a public seminar on June 10 to help companies and preparers comply with new financial reporting rules.

The investment community is hopeful that with a little tweaking, target-date funds could be the ideal solution for getting apathetic investors into an age-appropriate asset allocation.

With pension plans headed for virtual extinction, the 401(k) will inevitably become the sole qualified retirement savings vehicle in the nation, and as such, the defined contribution model must be vastly improved, speakers at the Investment Company Institute's General Membership Meeting in Washington said.

Those hoping for a return to the good old days of self-regulated, self-correcting markets need to face reality: Those days are over.

The Securities and Exchange Commission has begun sending investors checks from the $267 million fair funds distribution fund that came out of a 2006 settlement with Bear Stearns over late trading and market timing in mutual funds.

Following the ponzi scheme of Bernard Madoff, the Securities and Exchange Commission is considering tougher investment advisor rules. One measure the SEC approved Thursday, by a 5-0 vote, is surprise exams, to ensure that investors’ money is intact at a broker/dealer, custodian or bank. The plan is open for public comment.“We are taking this action in response to major investment scams, such as Madoff and many other potential Ponzi schemes,” said SEC Chairman Mary Schapiro. “A surprise exam would provide another set of eyes on clients’ assets and provide additional protection against theft or misuse.”For those advisors, like Madoff, who hold custody of clients’ assets directly, the SEC would require a written review by a certified public accountant.

The Securities and Exchange Commission and the Department of Labor will hold a joint hearing on June 18 at DOL headquarters examining target-date funds.

SEC May Propose New Money Fund Rules in June, Chairman Says