Law and regulation

Robert L. Reynolds loves a challenge. Without question, he certainly faces one. Trying to restore Putnam Investments' stature among America's top mutual fund companies after the firm's involvement in the trading scandal of 2003 and depletion of assets, now at $99 billion, a mere quarter of what they were in 2000-is a formidable task.

NEW YORK - Most financial transactions are dependent upon trust, but the last two decades of deregulation have eroded that trust and created a global crisis of confidence, according to experts who met last week at a global forum in the heart of New York's financial district.

Most mutual fund companies and financial planners rely on Monte Carlo simulation tools to help investors plan for their futures. They run thousands of investment scenarios to predict the success rate of probable portfolio returns given various contribution rates, investment mix and risk tolerances.But virtually none were ever designed to take a year like 2008 or the current extremes in the market into account—which has prompted many statisticians to go back to the drawing board, The Wall Street Journal reports.In the bell-shaped curve that Monte Carlo simulations use, “the probability of getting one of these extreme outcomes [like we saw last year] is basically zero,” explained Paul Kaplan, vice president of quantitative research at Morningstar, who notes that the Standard & Poor’s 500 Index has declined 13% or more in one month at least 10 times since 1926.Thus, Monte Carlo simulators should be updated to include a larger number of scenarios that assume greater volatility, say critics, including the Retirement Income Industry Association.

Suspending 401(k) matches for just one year can save most companies millions of dollars a year, but doing so can severely negatively impact participants' savings rates and long-term retirement outlook, and should be avoided, according to Hewitt Associates.

Whether driven by the demands of potential or existing investors, regulators or a new strategic direction, hedge fund and private equity firms are moving beyond their historically entrepreneurial outlooks to enhance their operational risk management, financial controls (SOX and SAS 70) and internal audit.

While mutual funds aren't technically required to start using the short-form, summary prospectus until 2011, companies that switch early could see significant savings in printing and mailing costs.

With new global regulations forthcoming, corporate compliance departments will need to upgrade aging systems and expand automation technology just to keep up. The time for little fixes may be over, and firms cannot use the recession as an excuse for putting investments off.

As mutual fund assets continue to decline and investors migrate to low-cost products, fund companies are struggling to make management fees stretch even farther.

While most mutual fund companies struggled in 2008, John Hancock Funds finished the year in solid standing, buoyed by a strong first half and careful strategic planning. President and CEO Keith Hartstein recently spoke with Money Management Executive's John Morgan about the key areas that drove Hancock's record $8.5 billion in sales, some regulations he would like to see changed and his outlook for the rest of 2009 and beyond.

By voting in favor of management proposals for large executive pay packages rather than shareholder proposals for pay tied to performance, fund companies are contributing to excessive pay, three groups charge.

Fund managers in emerging markets are increasingly paying attention to environmental, social and corporate governance factors, according to research by Mercer.

The Managed Funds Association has drafted the fifth edition of its best practices for hedge funds, this year with special emphasis on restoring confidence, along with a due diligence questionnaire for investors.

A last-minute Bush administration regulation that would permit advice in 401(k) plans was called into question Tuesday by a number of consumer advocates and other experts who testified before the House Committee on Education and the Workforce.

PALM DESERT, Calif. - The United States is determined to show the world it is leading global economic recovery efforts, even if that means creating what some in the industry view as risky new risk regulators.

Janus paid its chief executive officer $7 million, including bonus, in 2008, a 27.8% pay cut, a Securities and Exchange Commission proxy filing indicates.

Mutual funds have been able to thrive for the past 85 years thanks to their ability to adapt to changing markets and help investors stay diversified during good times and bad.

Investors seeking safety and stability have recently been moving massive amounts of their assets into money market mutual funds, causing the funds to swell to nearly $4 trillion and making them the single largest mutual fund asset class, according to the Investment Company Institute.

Two financial industry leaders are calling on Congress to enact concrete fiduciary standards to help restore investors' trust in Wall Street and the capital markets.

For the past two years, activists have implored large fund companies to divest holdings in securities linked to human rights abuses. Now Vanguard has decided to make socially responsible investing screening official.

Putnam Investments will waste no time reinvigorating its defined contribution business, and its long-struggling equity funds will have to earn their way into the mix, according to Robert L. Reynolds, its president and chief executive.