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U.S. SEC to examine fund fees, alternative funds
03/08/2013 Email this story  |  Printable Version

By Suzanne Barlyn and Sarah N. Lynch

WASHINGTON, March 8 (Reuters) - The top U.S. securities regulator plans to examine how the advisory industry pays mutual fund distributors, as well as broader trends and risks involving alternative funds.

U.S. Securities and Exchange Commission examiners will kick off the first of two "sweeps" next week, the SEC's Office of Compliance Inspections and Examinations Deputy Director, Andrew Bowden, said on Friday at an Investment Adviser Association conference in Arlington, Virginia.

The first sweep will examine the different payments made to mutual fund distributors, including revenue-sharing, fees paid to industry conference sponsors and so-called "12b-1" fees, which are deducted from mutual funds to pay for fund promotion and other shareholder services.

"If you talk to anyone in the business, they'll say a lot has changed in distribution during the last 10 years," Bowden said.

He added that a sweep by the SEC will help the agency gain a better understanding of these payments and what the money is used for. The SEC will also be looking more carefully at the oversight of these payments by mutual fund boards.

He declined to say how many firms would be examined.

The SEC has been interested in exploring reforms to rules governing 12b-1 fees for some time now.

The fees came about in the late 1970s when funds were losing assets faster than they were able to attract new ones. But over the years, the fees have evolved to pay not just for advertising, but also to pay intermediaries that sell shares.

In July 2010, the agency proposed rules that would restructure the way mutual funds pay for the marketing and sale of their shares amid concerns that some investors were paying proportionately more than others. The rules would have also eliminated hidden sales charges.

However, the SEC has still not finalized the rules.

In a 2011 speech, SEC Commissioner Elisse Walter, who is now serving as chairman, said she did not expect the agency to finalize the rules until it was finished with regulations required by the 2010 Dodd-Frank Wall Street Reform law.

However, Bowden told reporters on Friday that the results of the examinations could "possibly" be used to revise the proposal.

PRIVATE FUND ADVISERS ALSO TARGETED

In addition to the sweep on fees paid to mutual fund distributors, Bowden said the SEC is planning a sweep on the $200 billion alternative fund industry.

The review comes after over 4,000 private fund advisers registered with the SEC for the first time last year, a new requirement under the 2010 law.

In an announcement last month on examination priorities in 2013, the SEC said it was looking more closely at alternative and hedge fund investment strategies in open-end funds, exchange-traded funds and variable annuity structures.

The agency planned to focus on whether leverage, liquidity and valuation policies complied with regulations and also whether boards, compliance personnel and back offices were properly staffed and funded.

"We've seen some really interesting structures for those funds," Bowden said.

He added that the structures include setting up offshore entities to get more exposure to various derivatives, swaps and other types of commodities.

While some of those strategies have worked successfully for private funds, regulators need more information to determine whether they are sensible, he added.


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