SEC must tread carefully with 12(b)-1s

JUL 16, 2007
As the Securities and Exchange Commission considers what changes, if any, should be made to the rule allowing 12(b)-1 fees, it should keep in mind medicine’s golden rule: First, do no harm. The SEC should be careful that any change it makes does no harm to investors. But it also should minimize any harm to financial services professionals who sell mutual funds to investors. Any rule change should recognize that many investors rely on brokers and investment advisers for guidance as to which mutual funds to buy and for follow-up service. The brokers and advisers, on the other hand, often rely on 12(b)-1 fees for a significant part of their income and the income of the firms that employ them. Flat abolition of 12(b)-1 fees, with no obvious avenue for firms and their advisers or brokers to replace the income, could drive many out of the business, leaving many smaller investors without guidance or assistance. Investors who should be using mutual funds to gain the protection of diversification might either try to invest in stocks or decide not to invest at all, because it seems too complicated. They might instead put the money into low-yielding bank accounts or certificates of deposit. Or the loss of a revenue stream might even encourage less scrupulous brokers or advisers to push investors toward individual stocks when such investments aren’t appropriate — or other investment products that pay nice fees. Despite these concerns, however, changes are needed to 12(b)-1 fees, which provide an estimated $11 billion a year in revenue to brokerage and investment advisory firms. That is $11 billion coming out of the pockets of mutual fund investors, often without their knowledge, and that is an $11-billion-a-year reduction in investment returns. Far too often, brokers and advisers fail to disclose clearly the existence of the 12(b)-1 fee. Far too often, they fail to earn the fee by continuing to service the clients after the sale. The simplest change for the SEC to make is to require brokers and advisers to provide to each investor a statement outlining, individually and in total, the fees and expenses attached to each fund in which the client is considering investing. This statement should also have an example of how the fees and expenses might affect the investment returns over one and five years. Failure to provide this disclosure should be a serious offense. Alternatively, the SEC could abolish 12(b)-1 fees but provide another mechanism for advisers and brokers to be paid by fund companies for any continuing services they provide to investors. Ideally, they would be required to provide evidence of that service before the fee was paid. The 12(b)-1 fee, instituted to help mutual funds through a difficult period, has outlived its original purpose. Now it serves a purpose not originally intended. A review of its utility and justification is well overdue. But the SEC must tread carefully. The unintended consequences of the abolition of 12(b)-1 fees could be worse for investors than their continuation if some other provision isn’t made for paying brokers and financial advisers.

Latest News

Tax-aware investing should expand client choices, not constrain them 
Tax-aware investing should expand client choices, not constrain them 

The best tax plan asks not only how much a client could save, but what they would have to give up to save it. 

Merrill veteran Jonathan Stogsdill joins Trinity Wealth Advisors in St. Louis
Merrill veteran Jonathan Stogsdill joins Trinity Wealth Advisors in St. Louis

A 20-year financial services veteran brings values-driven planning expertise to the St. Louis-based RIA.

SEC enforcement against public companies hits record low under Atkins
SEC enforcement against public companies hits record low under Atkins

New research shows a 71% plunge in actions in fiscal year 2026, with total settlements the lowest since the database began.

Edward Jones advisor launches SteadRock Private Wealth on LPL platform
Edward Jones advisor launches SteadRock Private Wealth on LPL platform

An Ohio-based advisor departs Edward Jones to build an independent firm focused on retirees and business owners.

SEC and state regulators tighten grip on fraud in fiscal 2026
SEC and state regulators tighten grip on fraud in fiscal 2026

Broker-dealer enforcement actions surged 66% as the SEC and state regulators cracked down on Ponzi schemes and digital asset fraud.

SPONSORED Best Practices for Engaging Women Around Alternatives

Growing wealth, evolving priorities, and untapped opportunities are reshaping how women approach long-term investing.

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.