October 8, 2019

Division of Investment Management Issues ADI on Performance and Fee Issues

On October 2, 2019, the Disclosure Review and Accounting Office (“DRAO”) of the SEC’s Division of Investment Management (the “Division”) issued Accounting and Disclosure Information (“ADI”) 2019-09 on “Performance and Fee Issues.” The ADI provides the DRAO staff’s observations from reviewing fund disclosure filings with the…

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October 1, 2019

SEC Orders an Additional 16 Self-Reporting Advisory Firms to Pay Nearly $10 Million to Investors

On September 30, 2019, the SEC announced it settled charges against 17 investment advisers for disclosure failures regarding their mutual fund share class selection practices. The firms include 16 advisers that self-reported as part of the Division of Enforcement’s Share Class Selection Disclosure Initiative (Initiative) and one adviser that did…

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September 11, 2019

Division of Investment Management Issues ADI on Principal Risks Disclosure

On September 9, 2019, the SEC’s Division of Investment Management (the “Division”) issued Accounting and Disclosure Information (“ADI”) 2019-08 on “Improving Principal Risks Disclosure.”  The ADI provides the staff’s views on best practices for risk disclosures for registered investment companies (“funds”), including ordering risks by importance…

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August 30, 2019

SEC Provides Guidance on Proxy Voting By Registered Investment Advisers

On August 21, 2019, the Securities and Exchange Commission issued guidance (Guidance) on the proxy voting and disclosure responsibilities of registered investment advisers under the Investment Advisers Act of 1940, as amended. The Guidance discusses, among other matters, the ability of investment advisers to establish a variety of different voting…

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July 23, 2019

SEC Staff Issues No-Action Letter Providing Relief for Multi-Manager Funds with Respect to Shareholder Approval Requirement for Affiliated Sub-Advisers

On July 9, 2019, the SEC staff granted no-action relief under Section 15(a) of the Investment Company Act of 1940 and certain disclosure requirements, which relief provides additional flexibility to multi-manager funds and investment advisers operating under an existing multi-manager exemptive order, without having to seek amendments to their current…

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July 23, 2019

ICI Submits Comment Letter to SEC Recommending Ways to Improve the Proxy Voting System

In connection with the Proxy Roundtable hosted by the SEC in November 2018, on June 11, 2019, the Investment Company Institute (ICI) submitted additional recommendations for improving the proxy system for funds and shareholders. In its comment letter, the ICI described aspects of the proxy process that have proved to…

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June 11, 2019

SEC Adopts New Rules and Interpretations for Investment Advisers and Broker-Dealers

On June 5, 2019, the Securities and Exchange Commission (SEC) adopted a set of rulemakings and interpretations governing the duties investment advisers and broker-dealers have to their clients. The SEC adopted four items: Regulation Best Interest; a new Form CRS Relationship Summary; an interpretation under the Investment Advisers Act of…

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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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May 30, 2019

SEC’s Division of Corporation Finance Provides Guidance to Broker-Dealers on Delivery of Mutual Fund Prospectuses to Clients of Discretionary Investment Advisers

On April 11, 2019, the Securities and Exchange Commission’s Division of Corporation Finance (Division) provided guidance to broker-dealers with respect to delivery of mutual fund prospectuses to clients of discretionary investment advisers. The Division stated that, for purposes of Section 5(b)(2) of the Securities Act of 1933, it is of…

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April 24, 2019

SEC Staff Issues Liquidity FAQ on Extended Holiday Closures

On April 10, 2019, the SEC staff (Staff) prepared new FAQ #34 under its Investment Company Liquidity Risk Management Programs Frequently Asked Questions to address the treatment of securities that trade in markets closed for extended holidays (e.g., Chinese New Year) with respect to requirements under Rule 22e-4 under the…

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