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Wed Aug 18, 2004
By John Poirier
WASHINGTON (Reuters) - The U.S. Securities and Exchange Commission
pushed ahead on Wednesday with reforms of the $7.5-trillion mutual
fund industry amid scandals that have shaken fund investors' confidence.
The SEC's five commissioners voted to bar mutual funds from channeling
brokerage commissions toward Wall Street firms based on their promotion
and sale of the funds' shares.
The commission also voted unanimously to shed more light on the
roles played by fund portfolio managers, their pay levels and their
possible conflicts of interest.
"The two proposals the commission approved today will help
to further eliminate conflicts of interest that can compromise best
execution decisions in fund portfolio transactions," SEC Chairman
William Donaldson said at an open meeting.
Targeting a conflict of interest that critics say inflates costs
for investors, the ban on so-called "directed brokerage"
is meant to stop funds from choosing brokers based on their performance
at flogging the funds' shares.
Funds should choose brokers based on the fees they charge for handling
transactions, with an eye toward reducing costs for fund investors,
say investors activists.
Donaldson said it has become clear recently that directing fund
brokerage to a broker as compensation for distribution of fund shares
"presents opportunities for abuse."
The panel also ordered that a fund disclose other accounts managed
by a fund's portfolio manager, identify portfolio team members and
their roles, their pay structures and any shares held by the managers.
"Portfolio managers play a central role in the operation of
mutual funds," said Paul Roye, director of the SEC's Investment
Management Division. "We believe these improved disclosures
regarding portfolio managers will facilitate more informed decision-making
on the part of mutual fund investors."
The two measures were proposed earlier this year by the SEC amid
revelations of widespread trading abuses involving mutual fund managers,
hedge funds and intermediaries.
Government investigators accused some fund managers of allowing
improper market timing and illegal late trading in their funds by
managers of hedge funds, often in return for investments by the
hedge funds in other areas.
The Securities Industry Association, a lobbying group for Wall
Street brokerages, endorsed the SEC's action. "The new rule
will help to eliminate potential conflicts of interest in mutual-fund
sales," the group said in a statement.
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