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 20, 2024
Event of Interest: K&L Gates to Host Access to Retail Markets WebinarK&L Gates Partners and Apex Group will discuss the current market forces that make this an interesting time to consider bringing alternative asset classes to retail clients in a registered fund wrapper.
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June 18, 2024
SEC Approves Spot Ether ETPsThe exchanges’ applications petitioned for SEC approval to change Rule 19b-4 forms to allow for the listing of Ether-based products. Even with this change, issuers need the SEC to approve fund registration statements detailing investor disclosures.
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June 17, 2024
MFDF Event: Lessons Learned from the Regional Bank Volatility and the Impact on Registered FundsDechert Partners Megan Johnson and Corey Rose will dive into the regional banking volatility of 2023 and discuss the regulatory response and overall impact on investment management.
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June 13, 2024
Event of Interest: Dechert Hosts Webinar Covering Names Rule AmendmentsDechert Partners will cover emerging issues and interpretive questions under the amended Names Rule.
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June 12, 2024
Gensler Delivers Remarks During SEC’s 90th Anniversary ‘Eras Tour’In his remarks, SEC Chair Gary Gensler detailed the various historical inflection points in securities regulation, and how laws were changed to respond to such events. He noted in the current markets “the world may be changing faster than Taylor’s wardrobe changes on tour,” and emphasized that areas such as “[a]rtificial intelligence, social media, influencers, and a global pandemic” may require similar amendments to securities regulation.
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June 11, 2024
MFDF Webinar: Digital Assets in the Fund SpaceIn the first of this two-part series, EY's Prashant Kher and Brendan Maher will discuss the digital asset trends in the fund industry and highlight what directors should know about these offerings.
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June 10, 2024
ACA Publishes Article, White Paper on Basics of Interval and Tender Offer FundsThe paper breaks down the basics of these closed-end fund products including how shares are offered, conditions for repurchase, types of investments allowed, liquidity restrictions, and other regulatory concerns.
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June 6, 2024
Article Highlights Common Questions About the Role of Proxy AdvisorsThe paper delves into the influence the firms have in shareholder elections and how they test the validity of those recommendations. The paper also has a section devoted to how proxy advisory firms assess board candidates, it focuses on corporate directors but has applications for fund directors.
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June 5, 2024
SEC Publishes Investment Adviser Statistics ReportThe report, which will be updated annually, covers adviser activities, client composition, and detailed information on the types of funds offered.
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June 4, 2024
SEC Hosts Second Conference on Emerging Trends in Asset ManagementThe conference focused on trends in products and strategies, technology, and regulation. Former MFDF President Susan Wyderko spoke on issues related to registered funds noting that since the creation of the Commission, the basic issues have not materially changed. She added independent fund directors are equipped to handle conflicts of interest as well as understanding their role in overseeing technology changes and developments.
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June 3, 2024
SEC Adopts Regulation S-P EnhancementsOn May 16, the SEC adopted rule amendments that require registered funds, among other entities, to adopt written incident response procedures to address unauthorized access to customer information, including notification procedures that provide details about the incident designed to help facilitate timely and appropriate responses.
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May 30, 2024
ACA Highlights 8 Steps CCOs Should Take to Prepare for AI RegulationThese steps include taking an inventory of the firm’s current AI use, assessing the risk, implementing controls around the use of AI, and a review AI-related disclosures.
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May 29, 2024
House Subcommittee Holds Hearing on SEC OversightSubcommittee Chairwoman Ann Wagner (R-MO) emphasized that the Securities and Exchange Commission’s enforcement policy must strike the right balance between deterring and punishing securities fraud, preserving due process rights, and protecting the interests of those who rely on U.S. markets.
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May 28, 2024
FinCen, SEC Issue Proposed Rulemaking for Customer Identification Programs for Registered Investment AdvisersFinCEN and the SEC jointly released a notice of proposed rulemaking on Customer Identification Programs (the “CIP Proposal”) that would require SEC-registered investment advisers (“RIAs”) and exempt reporting advisers (“ERAs”) to establish, document, and maintain written CIPs.
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May 23, 2024
European Union Releases AI ActThe AI Act sets forth comprehensive rules regarding AI transparency, data protection and oversight. The AI Act utilizes a risk-based approach that applies different requirements based on four categories of risk: unacceptable risk, high risk, limited risk and minimal risk.
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May 22, 2024
SEC Marketing Risk Alert and Exam FindingsThe Risk Alert noted that key violations stemmed from overt violations of prohibitions in the marketing rule, including requirements relating to adopting and implementing policies and procedures, maintaining records, and adequately responding to Form ADV items relating to performance advertisements.
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May 21, 2024
Morgan Lewis Plans to Host Technology Webinar SeriesSeveral of these programs may be of interest to fund directors as they plan to discuss engaging with AI vendors, the use of AI in financial services, and SEC enforcement risks around data analytics and AI.
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May 20, 2024
MFDF Webinar: Mutual Fund Director Compensation: The 2024 MPI Annual SurveyThe webinar will highlight aggregated compensation data received through confidential questionnaires, as well as SEC filings submitted by all fund industry complexes.
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May 16, 2024
EY Report Highlights How Boards Can Support Effective Use of AIThe EY Center for Board Matters released an article titled, “Four Ways Boards Can Support the Effective Use of AI” which highlights how boards can work with management to support the effective implementation and use of AI.
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May 15, 2024
Cboe Files for ETF Share ClassCboe’s application joins eight asset managers seeking to establish an ETF share class for certain open-end funds. Such relief would mimic the exemptive relief granted to Vanguard in 2000, which had been subject to a Vanguard patent that expired in 2023.
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