Much has been made about FINRA’s Regulatory Notice 10-06 and how that will affect the social media use by registered representatives. Looking beyond the broker/dealers, I thought it would be interesting to see what mutual fund companies are doing with social media. I’ve started seeing some mutual fund companies starting to dip their toes into [...]
Mutual Fund Advertisements and Social Media
on March 29, 2010 in Investment Company Act, Social Networking and Web 2.0
Will the Supreme Court Affect Mutual Fund Fees?
on November 5, 2009 in Investment Company Act
On Monday, the Supreme Court heard the arguments on a case involving mutual fund fees. The case is trying to reconcile the standard for when mutual fund fees are too high. Under §36(b) of the Investment Company Act of 1940 the “the investment adviser of a registered investment company shall be deemed to have a [...]
IDC Task Force Report Identifies Key Characteristics for Strong Compliance Programs
on September 22, 2009 in Investment Company Act
Independent Directors Council published a new task force report on the characteristics of a strong mutual fund compliance program. These include an ethical, compliance-focused “tone at the top;” a collaborative approach by the fund’s chief compliance officer; a risk-based program tailored to the fund and the adviser’s business; transparency and candor among the CCO, fund [...]
A Flurry of Stories on Mutual Fund Fees
on August 20, 2009 in Investment Company Act
Over the last few days there has been renewed interest in the upcoming Supreme Court case that will should rule on the fees charged by mutual funds. Back in May, I published Supreme Court to Decide on Investment Company Act Case after they agreed to hear Jones v. Harris Associates, L.P. I didn’t expect much [...]
Supreme Court to Decide on Investment Company Act Case
on May 29, 2009 in Investment Company Act
There has been a lot of focus on the Supreme Court’s acceptance of the PCAOB case: Free Enterprise Fund v. PCAOB (08-861). It squarely addresses an interesting administrative law question. I also find it interesting that this case originates from the last bout of financial fraud in the press (the collapse of Enron) and comes [...]
FinCEN Programs for Mutual Funds
on October 30, 2008 in Anti-Money Laundering
Here are links to the text of some FinCEN program for mutual funds: 31 CFR 103.130 Anti-money laundering programs for mutual funds(.pdf) each mutual fund shall develop and implement a written anti-money laundering program reasonably designed to prevent the mutual fund from being used for money laundering or the financing of terrorist activities and to [...]
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