Fund Observer

Mutual Funds Singled Out in Proposal

By Rob Silverblatt

Posted: October 29, 2009

In a move that has raised eyebrows in the financial community, Congress is considering a proposal that could alter the way mutual funds do business with new investors. Specifically, funds could face more stringent requirements regarding the information they must provide to prospective customers.

[See Kanjorski Discusses Hedge Fund Regulation.]

While the proposal, part of the Investor Protection Act of 2009, is designed to increase transparency, mutual fund lobbyists have called foul because the measure doesn't apply to any other type of security. This imbalance, they fear, could give a slight edge to similar vehicles such as annuities and separately managed accounts, which could become more attractive to brokers looking to avoid extra paperwork.

If approved, the act would give the Securities and Exchange Commission the authority to require mutual funds to send investors certain documents, such as a summary prospectus, before selling them shares. While funds are currently required to provide full prospectuses, this disclosure occurs after sales take place.

Mike McNamee, a spokesperson for the mutual fund trade group the Investment Company Institute, argues that any additional disclosure regulations should apply more broadly.

"[This] singles out mutual funds and says the SEC has the authority for mutual funds but not for other financial products," he says. "We are very strong supporters of disclosure . . . but it has to be comparable and it has to be consistent."

Mutual Fund Regulation

Government regulation generally is put in place when there has been some sort of abuse. My perusal of the news hasn't indicated to me there have been any sort of abuses or large scale legitimate complaints about mutual funds so why is this politician wanting to change the rules. If the real target is hedge funds, those are a whole different animal so aim your regulations at the hedge fund industry.

As an investor, I don't want to wait until I get a prospectus before investing in a fund. In the day and age of computers, I can get all the information I need about a prospective fund investment on the computer before I make a decision. I would wager 99.9% of investors don't read the prospectus even when they receive it so, to me, this is a useless and unwanted piece of bureaucrasy.

Perhaps those who are pushing this legislation have an ulterior motive??

Julie of TX @ Nov 06, 2009 16:45:31 PM

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Fund Observer

Fund Observer

Katy Marquardt, deputy managing editor of Money & Business for U.S. News & World Report, covers the mutual fund world from an everyday investor's perspective. You can send her your fund questions for expert investing advice.

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