Compliance

It could get a little easier for mutual fund companies to issue press releases next year.

Investment advisers who get caught trying to steer pension business their way by showering elected officials with campaign cash may be forced to work without fees under a new rule proposed by the SEC.

Mutual fund marketing and compliance executives seize on SEC regulators' every word, much as portfolio managers scrutinize even an offhand remark from Federal Reserve Chairman Alan Greenspan. So, a SEC compliance director's recent admonition about the allocation of initial public offering shares had mutual funds wondering if the SEC was planning to regulate this area.

Pilgrim Baxter & Associates didn't have to air any of its dirty laundry last week in Massachusetts Superior Court.

The mutual fund industry is now mulling the implications of the recent courtroom encounter between money manager Louis Navellier, of Navellier Investment Management of Reno, Nev., and three independent fund trustees.

Mutual fund attorneys are reviewing the risk disclosures in key SEC filings for the funds they advise because of what appears to be a unique case making its way through federal court in Nashville, Tenn.

It is unfortunate that the July 15 hearing in the case of Philip Goldstein v. Scudder New Europe Fund (MFMN, 7/26/99 ) remained mired in legal interpretations instead of delving into the real issue at hand. The presiding judge and attorneys focused on interpretations of SEC no-action letters. They never got into a debate on the pros and cons of imposing redemption fees on closed-end funds when they open. Industry observers argue both ways, and it is a debate worth having.

The Investment Company Institute of Washington, D.C., has suggested changes in an SEC rule proposal governing how mutual funds oversee their securities held in foreign countries. The ICI said it was troubled by language in the proposed amendment to rule 17f-5 of the Investment Company Act and a proposed new rule 17f-7. Together, the rule proposals, which require a fund's global custodian to monitor the risk of using sub-custodians in foreign countries under certain circumstances, could effectively prohibit funds from investing in some countries, the ICI said. The SEC should adopt language in the rule making it clear that funds could use a foreign sub-custodian, despite risks associated with the firm, the ICI said in a letter dated July 15 to the SEC.

NEW YORK - Scudder Kemper Investments of New York successfully thwarted an attempt by arbitrageur Phillip Goldstein to stop a shareholder vote that combined the issues of whether to open a fund and impose a redemption fee on those cashing out of the newly-opened fund.

A U.S. District Court jury in San Francisco found in favor of the three former independent mutual fund trustees being sued by Louis Navellier and his asset management firm, Navellier Investment Management of Reno, Nev.

For the second time in a month, regulators have issued a warning to mutual fund companies on their advertising practices.

While ensuring auditor independence may make good business sense in the mutual fund industry, actually achieving it may be very difficult. But, difficult as it may be, it is a problem that mutual fund companies and accounting firms will no doubt have to tackle in the near future.

NASD Regulation has postponed indefinitely the idea of adopting new rules which would have changed the way mutual fund companies pay broker/dealers for sales.

The Investment Company Institute's new voluntary guidelines for mutual fund directors could increase the turnover of fund directors by more than one-third in the next five years, according to an industry consultant.

A system which some industry lawyers say has become an anachronism for large mutual fund complexes - having one board of directors for each mutual fund in a complex - may be headed for extinction.

The courts have dealt another setback to shareholders challenging the independence of mutual fund directors.

NASD Regulation has posted on its web site, www.NASDR.com, responses to frequently asked questions about NASDR's new non-cash compensation rules for the sale of mutual funds and variable annuities. The information, posted in a question-and-answer format, covers 22 areas which have drawn inquiries from NASD members. The new rules took effect Jan. 1 and limit how sales contests can be used to reward intermediaries for mutual fund and variable annuity sales.

EDGAR Online of Norwalk, Conn., in partnership with National Filing Service of New York, began offering a new service June 14 that will enable companies to file their Schedule 13D and 13G documents via the Internet. The SEC requires individuals or companies to file such documents once they acquire more than five percent of a company.

The Investment Company Institute has prevailed in its dispute with the Securities Industry Association over a proposed change in the law which prohibits transactions between a broker/dealer and its affiliated mutual funds.

Some mutual fund companies appear to be unfairly manipulating the investment performance figures they use in their advertisements, according to a top SEC official.