MFDF News Feed
The MFDF News Feed is an electronic journal, or "blog," of alerts, analysis, news and tools focused on the needs of independent directors. Click here to subscribe to the MFDF News Feed and have it delivered electronically to your e-mail inbox.
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June 15, 2022
SEC Announces New Head of Division of ExaminationsThe Securities and Exchange Commission announced the appointment of Richard Best to serve as the Director of the Division of Examinations.
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June 14, 2022
SEC Charges Investment Adviser for Misstatements and Omissions on ESG Investment Quality ReviewsThe SEC charged BNY Mellon Investment Adviser, Inc. for misstatements and omissions about the use of ESG considerations when making investment decisions for certain mutual funds that it managed. The SEC Order found that BNY Mellon Investment Adviser represented or implied in numerous statements that all investments in the related funds underwent an ESG quality review, even though that was not always the case.
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June 13, 2022
Senate Banking Committee Holds Hearing for Fed, SEC NomineesThe Senate Banking Committee held a hearing to examine the nominations of Michael Barr to serve as the Federal Reserve Vice-Chair for Supervision, Jaime Lizárraga to serve as a Commissioner at the SEC, and Mark Uyeda to serve as a Commissioner at the SEC.
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June 9, 2022
CFTC Releases Request for Information on Climate-Related Financial RiskThe CFTC unanimously voted to release a Request for Information (RFI) that seeks public comment on climate-related financial risk to “better inform its understanding and oversight of climate-related financial risk as pertinent to the derivatives markets and underlying commodities markets.”
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June 8, 2022
Embracing the Digital EraThe article makes several suggestions to address generational changes in the boardroom that might be helpful to some fund boards.
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June 7, 2022
Public Companies Push Back on Proposed Rules for Cyber DisclosureWhile some companies voiced broad support for an SEC reporting regime, others pushed back noting public disclosures could result in additional compliance costs, confusion while responding to breaches in real-time, and volatility in stock pricing.
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June 6, 2022
ICI, ICI Mutual Release Claims Trends ReportRegulatory matters, closed-end fund matters, and fund shareholder demands for inspection of books and records constituted the most common subjects of claims notices submitted under D&O/E&O policies in 2021, according to the report.
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June 2, 2022
Gensler Delivers Remarks Covering Derivatives Markets at ISDA Annual MeetingGensler noted “I’ve asked our Division of Investment Management and Division of Examinations to take a renewed and focused look at the use of derivatives by registered investment companies so that they’re compliant with our rules.”
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June 1, 2022
SEC’s Enforcement Director Slams Delays in Litigation, Document ProductionGrewal's remarks note that while a “zealous advocacy” is required, delay tactics, slow document production, and other “dilatory or obstructive” efforts may impact cooperation credit that the agency extends as a courtesy to those who oblige investigation.
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May 31, 2022
Lawmakers Seek Change in Proxy Process for Investors in Passive FundsThe “Investor Democracy is Expected (INDEX) Act” would require investment advisers of passively-managed funds to vote proxies in accordance with the instructions of fund investors—not at the discretion of the adviser.
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May 27, 2022
SEC Proposes Rules Covering Fund ESG Disclosures, Names Rule AmendmentsIn their open meeting, the Securities and Exchange Commission (SEC) voted 3-1 to advance two rule proposals covering the Commission’s rules governing fund names and disclosure requirements for funds with an ESG focus.
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May 27, 2022
Deloitte Virtual Event to Cover Topics of Interest for Fund BoardsOn June 2, 2022, from 3- 5 p.m. ET, Deloitte’s senior leadership will join with mutual fund directors for an exclusive virtual roundtable conversation centered on key mutual fund board director governance issues and risks.
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May 26, 2022
Allianz Agrees to Pay Over $1 Billion to Resolve SEC Charges, Sell Fund BusinessAccording to the SEC, when the 2020 COVID-related market volatility revealed that AGI US and the defendants had misled investors about the unregistered fund’s level of risk, the fund suffered catastrophic losses and investors lost billions; the defendants all the while profited from their deception.
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May 25, 2022
Ropes & Gray Dives into ETFs for Focused Podcast SeriesThe latest installment of Ropes & Gray LLP’s podcast series on ETFs discusses the ongoing impacts of the Russia/Ukraine conflict on ETFs, including questions related to valuation and custody of Russian and Russian-related assets.
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May 24, 2022
Agencies Queue Up for Role in Crypto RegulationBarron’s reports that a March draft of a Senate bill would leave the SEC in charge of overseeing a significant part of the crypto industry while moving some responsibilities to the CFTC.
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May 23, 2022
Academics Study Competition in Index Providers, ETF Sponsors SectorThe researchers recognized that the index provider market is highly concentrated and dominated by a few large players.
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May 20, 2022
SEC to Consider ESG Rules for Funds, Advisers in May 25 MeetingOpen meeting to discuss possible 1940 Act and Advisers Act amendments related to ESG.
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May 19, 2022
Yellen Discusses FSOC 2021 Report on Capitol HillQuestions from Members of Congress focused on inflation, the potential risk posed by climate change, cryptocurrency and stablecoins, the Ukrainian/Russian conflict, as well as other risks posed by the financial system.
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May 18, 2022
MFDF WEBINAR: Mutual Fund Director Compensation: The MPI Annual Survey (2022), May 19, 2-3 pm ETEach spring MPI releases its “Survey of Mutual Fund Director/Trustee Compensation and Organizational Practices,” which provides aggregate compensation data received through confidential questionnaires, as well as SEC filings.
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May 17, 2022
SEC Extends Comment Period on Climate Disclosure ProposalThe SEC has faced increasing criticism from Washington lobbyists and industry groups for 30-day comment periods on recent proposals, according to media reports.
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