It's time to take action on 12(b)-1 fees

This is the year for the SEC to settle the 12(b)-1 issue. Securities and Exchange Commission Chairman Christopher Cox has pledged to examine the fee system, questioning whether the use of 12(b)-1 fees has moved away from the original intent, which was to cover marketing and distribution expenses.
JAN 14, 2008
This is the year for the SEC to settle the 12(b)-1 issue. Securities and Exchange Commission Chairman Christopher Cox has pledged to examine the fee system, questioning whether the use of 12(b)-1 fees has moved away from the original intent, which was to cover marketing and distribution expenses. The SEC approved such fees in 1980 to encourage mutual funds to put more effort into marketing, believing that it generates economies of scale for fund shareholders, thus reducing the administrative and management costs for each shareholder. The most recent SEC study of mutual fund expense ratios found that although expense ratios, on average, have increased in the past two decades, they generally decline as the amount of assets in a fund increases. In other words, large funds generally have lower expense ratios than small funds. And although expense ratios on average have increased, this may be largely because many companies have greatly reduced front loads, which are not included in expense ratios, and replaced them with 12(b)-1 fees, which are included. Further, shareholders today have access to more-expensive services, such as telephone redemption and exchange privileges, consolidated account statements and check or wire redemptions. All of this suggests that 12(b)-1 fees are working as planned. So why the concern about the fees? There are several reasons. First, when the fees were approved, because sale commissions were paid out of front-end loads, the marketing and distribution costs envisioned involved primarily advertising and share issuance. Since then, many funds have reduced or even eliminated their front-end loads, while using 12(b)-1 fees mostly to compensate advisers to sell the funds. Up to 75% of such revenue is paid to investment advisers, financial planners and brokers, who are now important marketers of mutual fund shares. Also, some observers are concerned that 12(b)-1 fees represent a conflict of interest for these marketers. However, if those concerns led to 12(b)-1 fees' being abolished, either many individual investors would go without guidance, or mutual fund companies would have to find another way to compensate advisers and brokers. Some have proposed placing a cap on 12(b)-1 fees, either in terms of the dollar amount or the period for which they can be charged. This would present an incentive for less scrupulous advisers or brokers to switch clients into new funds when the cap were reached, thus starting the clock running again. Before 12(b)-1 fees are abolished — or, less drastically, a cap is imposed — we would prefer clear, simple, up-front, verbal and written disclosure of all fund fees, and what they mean to the investor, before a purchase is completed. This disclosure should be made on one sheet of paper, separate from the prospectus. The sunlight of clear, simple disclosure is the best disinfectant for any mold being fostered by 12(b)-1 fees.

Latest News

Turning Wealth into Retirement Income: Insights from Leading Financial Advisers
Turning Wealth into Retirement Income: Insights from Leading Financial Advisers

In this InvestmentNews TV panel, leading advisors discuss longevity risk, retirement income planning, withdrawal strategies, healthcare costs, and the mindset shifts retirees need to enjoy the wealth they've worked so hard to accumulate.

Advisor moves: Raymond James lands $700M Truist duo in Florida
Advisor moves: Raymond James lands $700M Truist duo in Florida

&Partners has also added a $357 million Texas family practice, while Janney recruits a $250 million Edward Jones advisor in Miami

Wirehouse moves: JPMorgan taps Merrill veteran for Southeast role as BofA beefs up OCIO team
Wirehouse moves: JPMorgan taps Merrill veteran for Southeast role as BofA beefs up OCIO team

Linda Patel will lead J.P. Morgan Advisors in Florida and Georgia as Bank of America adds nonprofit specialists in New York

Colorado advisor loaded up elderly clients with risky Interval funds: regulator
Colorado advisor loaded up elderly clients with risky Interval funds: regulator

Interval funds and other semi-liquid or illiquid products are typically two to three times more expensive than plain vanilla stock or bond mutual funds or exchange-traded funds.

Investor alleges alkaline water startup hid sales data in white text
Investor alleges alkaline water startup hid sales data in white text

The royalty statements looked normal - until someone checked the electronic files.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor