June 11, 2019

SEC Approves Precidian’s Non-Transparent, Active ETFs

On May 20, 2019, the Securities and Exchange Commission (SEC) granted exemptive relief under the Investment Company Act of 1940 for Precidian Investments’ non-transparent actively managed exchange-traded funds (ETFs). The exemptive relief permits registered open-end investment companies that are actively managed ETFs to operate without being subject to the current…

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February 15, 2019

SEC’s Division of Investment Management Issues Information Update Regarding Updated Forms

On February 1, 2019, the staff of the SEC’s Division of Investment Management issued an Information Update to indicate that several forms (e.g., Forms N-1A, N-2, N-14 and N-CSR) on the SEC website have been updated to reflect amendments recently adopted by the SEC.

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February 15, 2019

Former SEC Economists File Comment Letter Criticizing Economic Analysis Underlying Regulation Best Interest Rule Proposal

On February 6, 2019, a group of 11 former SEC senior economists filed a comment letter criticizing the economic analysis underlying the SEC’s Regulation Best Interest Rule Proposal, which consists of three related rules aimed at reforming the way registered investment advisers and broker-dealers service retail customers.

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February 15, 2019

Federal Court Dismisses Excessive Fee Case Against Blackrock

On February 8, 2019, a U.S. federal court in New Jersey dismissed a lawsuit filed in 2014 alleging that BlackRock breached its fiduciary duty by receiving excessive investment advisory fees from two mutual funds, in violation of Section 36(b) of the Investment Company Act of 1940. The suit by shareholders…

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December 17, 2018

SEC Adopts FAIR Act Rules Promoting Research Reports on Investment Funds

On November 30, 2018, the Securities and Exchange Commission (SEC) adopted a new rule under the Securities Act of 1933 (Securities Act), Rule 139b, to extend the current safe harbor under Rule 139 to a “covered investment fund research report.” The SEC adopted Rule 139b to promote research on qualifying investment funds in furtherance of the mandate in the Fair Access to Investment Research Act of 2017 (FAIR Act), which required the SEC to expand the current safe harbor under Rule 139 to cover research reports on qualifying investment funds.

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November 15, 2018

SEC’s Office of Compliance Inspections and Examinations Issues Risk Alert Announcing Examination Initiatives Focused on Registered Investment Companies

On November 8, 2018, the staff of the SEC’s Office of Compliance Inspections and Examinations issued a Risk Alert indicating that it is conducting a series of examination initiatives focused on matters relevant to certain mutual funds and exchange-traded funds (ETFs).

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November 1, 2018

SEC Staff Issues Risk Alert Regarding Investment Adviser Compliance Issues Related to the Cash Solicitation Rule

On October 31, 2018, the SEC’s Office of Compliance Inspections and Examinations (OCIE) staff issued a Risk Alert regarding Rule 206(4)-3 under the Investment Advisers Act of 1940 (Cash Solicitation Rule).

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November 1, 2018

SEC Director of Investment Management Dalia Blass Delivers Keynote Address at the ICI Securities Law Developments Conference

On October 25, 2018, the SEC’s Director of the Division of Investment Management (Division), Dalia Blass, delivered a speech at the Investment Company Institute (ICI) Securities Law Developments Conference.

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November 1, 2018

SEC Director of Investment Management Dalia Blass Delivers Remarks at IDC – 2018 Fund Directors Conference

On October 16, 2018, the SEC’s Director of the Division of Investment Management (Division), Dalia Blass, delivered a speech at the Independent Directors Council (IDC) 2018 Fund Directors Conference.

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October 22, 2018

SEC Staff Grants No-Action Relief Regarding Board Oversight of Affiliated Transactions

On October 12, 2018, the SEC staff issued a no-action letter regarding board oversight of affiliated transactions. The staff agreed not to recommend enforcement action to the SEC for violations of Sections 10(f), 17(a) or 17(e) of the Investment Company Act of 1940 if a fund’s board of directors…

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