Compliance

Morningstar has developed a series of 18 asset allocation indexes for investors and advisers to use as benchmarks for target-date and target-risk funds.

MIAMI - In their frantic efforts to cut costs, many financial services companies have been jettisoning everything that isn't absolutely necessary to stay afloat. This may work in the short term, but senior leadership is starting to realize the continued need for expertise in regulation and compliance and customer service to provide seamless risk management, transparency and communication.

Money market fund assets have topped $4 trillion for the first time, greatly buoyed by the Treasury Department’s $1 NAV guarantees and financing to purchase asset-backed commercial paper from money funds, which has eased the credit markets.

FINRA has fined two Wachovia units $4.5 million for failing to pass along breakpoint and rollover discounts for mutual fund and unit investment trust purchases, as well as for suitability violations and inadequate supervisory procedures.

Sens. Tom Harkin (D-Iowa) and Herb Kohl (D-Wis.) have reintroduced legislation, the Harkin/Kohl Defined Contribution Fee Disclosure Act of 2009, that would require 401(k) plan providers to clearly disclose all of the fees they charge. The senators cite AARP research that shows if a 35-year-old invested $20,000 in a 401(k) plan over 30 years that yielded 6.5% a year and cost 0.5% in fees, their remaining balance would be $132,287, but if the fees were 1.5%, they would have only $99,679, or 25% less.

Debra Ryan, the longtime girlfriend of Samuel Israel III, who was found guilty of swindling Bayou Management hedge fund investors out of more than $400 million, pled guilty Tuesday to aiding and abetting the Israel when he was a fugitive.

The Investment Company Institute is pushing for improvements to municipal disclosure, which it generally considers limited, non-standardized and stale.

The Securities and Exchange Commission has begun distributing $321 million to the two million Alliance Capital investors who were harmed by market timing. This first installment is a total of $46 million, distributed to 300,000 investors.

Reports that U.S. Sens. Carl Levin's and Charles Grassley's new bill on hedge fund regulation will force funds to publicize the names of clients are untrue, the senators said.

At a time when lawmakers are considering rewriting financial services regulations, even restructuring the whole system, the new Securities and Exchange Commission Chairman Mary L. Schapiro is planning to prove her agency’s merit by stepping up enforcement and penalties, The Washington Post reports.

The Federal Reserve is extending a number of liquidity programs set to end on April 30 through Oct. 30 “in light of continuing substantial strains in financial markets.”

Fifty-five percent of the hedge funds in the U.S. are registered with the Securities and Exchange Commission, according to Hedge Fund Research.

The New Jersey Bureau of Securities has barred three former Merrill Lynch brokers for allegedly enabling Millennium Partners to place more than 25,000 market-timing trades. Further, the three—Christopher Chung, Kevin Brunnock and William Savino— must pay $1.15 million in civil penalties.

Mutual fund prospectus provider NewRiver is suing Morningstar for using Internet espionage to steal information from its patent-protected system.

Calls for greater oversight of the investment advisory profession continued last week, with key congressional leaders pushing the industry to come up with changes designed to prevent future fraud schemes similar to that of the Madoff case.

The Senate Thursday introduced the Hedge Fund Transparency Act of 2009, which, most notably, would require hedge funds to register with the Securities and Exchange Commission. It would also require them to adopt anti-money laundering programs.“There wasn’t much of an appetite for this sort of legislation before the financial crisis,” said one of the bill’s sponsors, Sen. Charles Grassley (R-Iowa). “A major cause of the current crisis is a lack of transparency. The wizards of Wall Street figured out a million clever ways to avoid the transparency sought by the securities regulations adopted during the 1930s. Instead of the free flow of reliable information that markets need to function properly, today we have confusion and uncertainty fueling an economic crisis.”The bill is an amended version of a similar one that Grassley introduced in 2007.

The Department of Labor’s new rule that would permit advisers affiliated with fund companies administering a 401(k) plan to give advice, is drawing fire—so much so that industry observers don’t expect it to last.The rule would permit an adviser to give advice if they either use a computer model that suggests appropriate investments given a person’s age and risk tolerance, or a flat-fee structure whereby they would not stand to benefit more for suggesting one fund over another.In passing the new rule, the DOL said, “Access to professional investment advice is particularly important now for workers as they manage their 401(k) plans and IRAs in changing and volatile financial markets.”One critic, however, is Rep. George Miller (D-Calif.), chairman of the House Education and Labor Committee, who recently testified that the law is flawed because “it will allow financial services firms to offer potentially conflicted investment advise on workers’ retirement accounts.”Financial planner Chad Griffeth agreed, telling Dow Jones, “The rule does not prevent potential for conflicted advice.“The controversy exists in that the person delivering the advice must adhere to specific fiduciary criteria, but their affiliated firm, whether that’s a broker/dealer, mutual fund company, insurance company or bank, does not,” Griffeth said. “[This] opens the door on the part of brokerage firms and mutual fund firms at the sake of participants, whom I fear wouldn’t know what questions they should ask to ferret out conflicted advice.”

Fair value reporting seemed anything but fair last October when prices fell off a cliff.

The Department of Labor has ruled that financial advisers affiliated with the mutual fund companies administering 401(k) plans can offer advice. However, they must reveal the source of their fees, which will remain constant, regardless of their recommendations. If they use computer models, they must also disclose that.

The events that occurred in the financial services industry over the past year were once thought inconceivable. At this point, regulators are chomping at the bit to reverse how Wall Street does business, and investors are downright spooked. The editors of SourceMedia's business publications offer their views on how these dramatic shifts on Wall Street and in corporate America will impact businesses and investors this year.