Regulation and compliance

Regulation and compliance

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  • The corporate makeover at Janus Capital continued last week as CEO Mark Whiston, 42, quit and was replaced by board chairman Steve Scheid, 50.

    April 26
  • The $675 million price tag agreed to by Bank of America and FleetBoston to settle charges in the mutual fund scandal was extremely high, but the companies agreed that expeditious handling of the charges was paramount to closing their merger, the vice chairman of BoA said in a recent CNBC interview.

    April 26
  • Canadian Imperial Bank of Commerce is facing a class-action lawsuit in relation to the market timing scandal battering the mutual fund industry. The suit, filed by New York law firm Milberg Weiss Bershad Hynes & Lerach, claims CIBC facilitated the illegal late trading conducted by MFS and helped defraud investors. It spans from 2001 to 2003. Also named in the suit is Paul Flynn, the former CIBC managing director of equity investment accused of providing financing for hedge funds that engaged in the late trading and timing activities. CIBC has yet to file a statement of defense.

    April 26
  • Bank of America employees will have to sign a revised code of ethics document as a result of regulators' probe of improper trading at its mutual fund unit.

    April 19
  • The SEC voted unanimously last Tuesday to adopt measures to improve the transparency of mutual funds and variable annuities. Beginning Dec. 5, all funds must now disclose what risks, if any, market timing poses for their funds, as well as reveal in their fund prospectuses whether their board has adopted rules against market timing. Should a board have decided such rules are not necessary, it must spell out its reasons why.

    April 19
  • The Securities and Exchange Commission sure does talk a tough game, but when it came to its settlement with Putnam Investments of Boston earlier this month, the agency was speaking in whispers.

    April 19
  • The indictment of former Bank of America broker Theodore C. Sihpol, III last week should sound the alarm for fund executives that those criminally charged in the scandal could spend years locked up with murderers and rapists.

    April 12
  • Lars Soderberg, executive vice president of institutional services and member of the management committee at Janus Capital, has agreed to take a leave of absence from the company. In the mean time, Janus said, it "will continue to evaluate Soderberg's future role with the company, in light of the ongoing investigation of the mutual fund industry and related regulatory matters."

    April 12
  • Massachusetts Financial Services last week agreed to pay a $50 million fine to the SEC for not disclosing directed-brokerage agreements, marking the first time the SEC has penalized a fund company for failing to disclose its trading arrangements with brokerage firms in exchange for promoting its funds.

    April 5
  • The SEC is going to be paying closer attention to abnormal buying and selling in mutual funds. Cash flow is one area that will get heightened scrutiny.

    April 5
  • With a potentially groundbreaking governance proposal pending, requiring an independent chairman, there's been a lot of bickering in the mutual fund industry about how to address conflicts in the boardroom.

    April 5
  • Putnam's woes are far from over as federal regulators are swinging for the fences and are poised to ask a judge to punish the firm more severely than any company mired in the scandal so far.

    April 5
  • The high price of not keeping up with regulatory demands is well documented, but some in the fund industry are growing increasingly concerned about the growing costs of implementing new measures to keep up with a steady stream of proposed requirements.

    April 5
  • Mutual fund shareholders' woes stemming from revelations of endemic misconduct has amounted to a windfall for investment bankers. The pace of consolidation within the asset management industry continues to accelerate under the weight of massive regulatory investigation, according to a new study by Putnam Lovell NBF Securities.

    April 5
  • The debate over soft dollars nearly erupted into a barroom brawl on Capitol Hill last week, as the Senate Banking Committee held an open hearing on the much-maligned practice of mutual funds using brokerage commissions to pay for research and overhead costs.

    April 5
  • PALM DESERT, Calif. - A culture of compliance and dedication to long-time shareholders has to be priority No. 1 for mutual funds. That was the consensus of a number of high-profile industry professionals at the annual Investment Company Institute Mutual Funds and Investment Conference last week.

    March 29
  • Tripping over Federal securities regulations can bring a mutual fund advisor to its knees. But running afoul of state securities divisions can also be painful.

    March 29
  • AIM Investments has stepped up efforts to publicly disclose its directed-brokerage activities and allocation of marketing fees. Newly drafted prospectus supplements filed with the SEC clearly outline the fund provider's intent to reveal non-binding sales goals with third-party brokerage firms and other potential investment distributors, a move lauded by shareholder advocates but implemented by very few asset managers.

    March 29
  • Putnam Investments is cracking down on the perks brokers use to entice fund managers and other executives to give them their business.

    March 29
  • Soft-dollar advocates are going to have a harder time pleading their case.

    March 22