SEC's Mary Jo White rips bill to ease restrictions on BDCs

SEC's Mary Jo White rips bill to ease restrictions on BDCs
Despite SEC chairwoman's concerns over leverage and impact on individual investors, backers hope legislation will pass because of bipartisan support.
JAN 22, 2016
Backers of legislation that would ease regulations for business development companies hope that bipartisan momentum will propel it to a House floor vote even as Securities and Exchange Commission Chairman Mary Jo White cautions that the changes could hurt retail investors. The House Financial Services Committee on Nov. 4 approved the Small Business Credit Availability Act, 53-4. The bill would allow BDCs to raise their leverage limits from 1:1 to 2:1, increase the amount of money that they can invest in financial firms, and allow them to own asset managers and advisory firms. A BDC is a closed-end investment company that invests primarily in small operating businesses. They are becoming increasingly popular investment vehicles, with net assets reaching $52.3 billion as of June 30 from $5 billion in 2003. “We hope this bill, which is one of the very few that enjoy such strong bipartisan support, can move this year,” said Michael Gerber, executive vice president of Franklin Square Capital Partners, a firm that sponsors BDCs. WHITE'S WARNING But Ms. White warned lawmakers that BDCs already expose investors to more leverage than other closed-end funds and that raising the limits would be dangerous. “From my perspective, the proposed increase in leverage for BDCs gives rise to significant investor protection concerns, concerns which are heightened because most BDC shareholders are retail investors,” Ms. White wrote in a Nov. 2 letter to the committee. She also expressed qualms about a number of other provisions of the bill, including BDC ownership of registered investment advisers. But Mr. Gerber said changes were made to the bill during the committee markup prior to the Nov. 4 vote. They included restoring the SEC's authority to review potential conflicts of interest in BDC control of an RIA and adding more disclosure and rules for a BDC's decision to increase its leverage. “We take the SEC's concerns seriously and believe that investor protections that have been added to the legislation go a long way to addressing those concerns,” Mr. Gerber said. Another group backing the bill said that bipartisan negotiations led to many investor safeguards. 'RIGHT BALANCE' “This legislation has finally struck the right balance between capital formation and consumer protection,” said Kevin Hogan, president and chief executive of the Investment Program Association. “It will drive job growth among small- and middle-sized companies across the country.” Investors increasingly turning to BDCs and other alternative investments to boost portfolio returns in low-interest-rate environments. But the risks in such assets were highlighted on Thursday in a Massachusetts securities case involving a BDC sponsored by AR Capital, which is owned by Nicholas Schorsch and William M. Kahane. An opponent of the measure said that BDCs are much more expensive for investors than other regulated funds and that BDCs should make internal reforms before turning to Congress. “If they want to grow further, they can reduce their fees, which are way out of line with funds that invest in similar assets,” said Marcus Stanley, policy director at Americans for Financial Reform. Allowing them to increase their leverage and invest in financial firms, which might also use leverage in their investments, makes BDCs a riskier bet for those seeking higher yields, according to Mr. Stanley. “It's uncalled for and quite likely to be harmful to investors,” he said.

Latest News

Texas man says SEC and fund could make him pay twice
Texas man says SEC and fund could make him pay twice

A $141M judgment and a federal asset freeze collide over one shrinking pool

Osaic executives Kristy Britt and Greg Cornick to leave
Osaic executives Kristy Britt and Greg Cornick to leave

The firm's CFO and EVP of Wealth Management Solutions are the latest executives to exit the broker-dealer.

Estate planning becomes a client retention issue for financial advisors, survey finds
Estate planning becomes a client retention issue for financial advisors, survey finds

Clients are saying they would consider switching advisors if another professional offered estate planning services, according to a new Trust & Will survey.

Candidly adds AI agents for Trump Accounts, workplace benefits
Candidly adds AI agents for Trump Accounts, workplace benefits

CEO Laurel Taylor says the fintech's composable AI stack helps workers optimize dollars across Trump Accounts, 529s, 401(k)s, and other employee benefits.

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.