SEC warning could lower mutual fund fees paid to brokers

SEC warning could lower mutual fund fees paid to brokers
The agency issued guidance to directors saying they should install a process to evaluate whether administrative fees are being used to encourage distribution.
JAN 22, 2016
The Securities and Exchange Commission is warning mutual fund directors to look more closely at fees the funds pay brokers and other intermediaries who use them in investor portfolios. In guidance posted on the SEC website, the staff of the Division of Investment Management said a recent sweep examination showed fees that are purportedly for administrative services — such as recordkeeping, answering customer questions and providing account and tax statements — are instead being used to encourage sales of the funds. Under SEC rules, the so-called sub-accounting fees cannot finance distribution. The distribution fees must be outlined in a 12b-1 fee. The problem, the SEC said, is that in omnibus accounts maintained by mutual funds, all the fees are mixed together and payments to brokers encouraging them to sell a particular fund can be disguised as administrative fees. The SEC told fund directors to “pay particular attention” to fees paid to intermediaries for account servicing if they're also selling the funds. That could mean brokers will see smaller payouts from funds. “This [guidance] is going to cause fund boards to take a sharp pencil to their fees,” said Niels Holch, executive director of the Coalition of Mutual Fund Investors. “That will affect part of the distribution relationship brokers have with funds.” INVESTOR RETURNS The SEC staff said mutual fund directors should put in place a process to evaluate whether sub-accounting fees are being used to boost sales. It also said advisers and service providers to the fund should explain the details of distributions and servicing clearly to fund directors. The agency is concerned that what it calls payments for distribution in disguise could harm investors. “Mutual fund fees have a direct impact on investor returns,” the SEC guidance states. “For example, because investors may evaluate funds based on the specific levels of 12b-1, management and other fees, potential mischaracterization of fees may lead them to invest in funds that they would not otherwise have selected.” An investor advocate said the guidance will help fund directors sort out the myriad fees attached to funds. “The guidance is really a significant step forward to clarify the standards for evaluating sub-accounting fees … [and] protect investor interests,” Mr. Holch said. The interest group that represents fund directors welcomed the SEC's direction. “This detailed document will provide guidance for boards and for advisers struggling to apply the previous decades-old staff guidance to today's vastly different distribution environment,” Susan Ferris Wyderko, president and chief executive of the Mutual Fund Directors Forum, said in a statement.

Latest News

Independent contractor formerly associated with MML Investors Services charged with running Ponzi
Independent contractor formerly associated with MML Investors Services charged with running Ponzi

Trevor Uhls was charged with wire fraud and money laundering in a criminal complaint filed in U.S. District Court for the Western District of Missouri.

Osaic adds $367M multigenerational team from Ameriprise in Iowa
Osaic adds $367M multigenerational team from Ameriprise in Iowa

The multigenerational Cedar Rapids firm is joining through a key OSJ as recruiting competition heats up across the wealth space.

IRS floats eligible investment rules for Trump Accounts
IRS floats eligible investment rules for Trump Accounts

New Treasury guidance sets fee caps, defines index-tracking rules, and bars ESG-linked funds from the tax-deferred accounts for minors

Carson Group adds $405M Northwestern Mutual team in Atlanta
Carson Group adds $405M Northwestern Mutual team in Atlanta

Yari Capital's move to Carson continues a run of additions for the $62 billion firm, days after it hired a veteran recruiter from Osaic.

Wealth Enhancement inks 'coming home' deal with Oklahoma RIA
Wealth Enhancement inks 'coming home' deal with Oklahoma RIA

Servo Wealth Management's $210 million book brings the Minneapolis consolidator's total client assets further past $160 billion.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

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