The SEC Adopts Rules on Shareholder Reporting, Fund Advertisements

The rules adopted by the SEC update requirements for mutual fund and ETF shareholder reports and promote transparent fee and expense presentations in investment company advertisements.



The U.S. Securities and Exchange Commission voted today to adopt significant changes to its mutual find and exchange-traded fund advertisement disclosure framework.

The new rule and form amendments will require mutual funds and ETFs to transmit “concise and visually engaging shareholder reports” to promote transparent and balanced presentations of fees and expenses in investment company advertisements.

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“Retail investors are typically non-professional investors buying and selling securities, mutual funds, or ETFs through traditional or online brokerage accounts,” says Syed Farooq, director, assurance, in a blog published by tax consulting and advisory firm Cohen & Co. “They usually do not have the time or sufficient background to understand all of the complex information captured in voluminous annual and semi-annual shareholder reports or fund prospectuses.”

Farooq says that with an increased entry of new Millennial and Gen Z investors, the need for “simplicity, clarity and transparency has never been greater.” The rules will “help drive improved decision-making ability for retail investors, management, boards and external service providers,” he adds.

According to the SEC, funds will be required to provide shareholder reports that highlight key information, such as fund expenses, performance, and portfolio holdings. The instructions for the reports will encourage the use of graphics and text features to make them more effective.

Funds will be required to tag the information in their reports in a structured data format. The rule amendments also require funds to make certain information that may be more relevant to investors and financial professionals who desire more in-depth information available online and available for delivery free of charge to investors on request, the SEC says. That information will no longer appear in fund’s shareholder reports but will remain available to investors on a website identified in the shareholder report and must be filed semi-annually with the SEC.

“Shareholder reports are amongst the most important documents that fund investors receive. These reports, however, often are more than 100 pages in length. As a result, a retail investor looking to understand the performance, fees, and other operations of a mutual fund or exchange-traded fund may need to sift through extensive financial information,” says SEC Chair Gary Gensler. “Today’s final rules will require fund companies to share a concise set of materials that get to the heart of the matter. Further, today’s final rules are designed to promote transparent and balanced presentations of fees and expenses in investment company advertisements.”

The SEC has also adopted amendments to investment company advertising rules that require fee and expense presentations in registered investment and business development company advertisements and sales literature be consistent with relevant prospectus fee table presentations and be reasonably current. The amendments also address representations of fees and expenses that could be materially misleading.

The amendments become effective 60 days after publication in the Federal Register, though the SEC is providing an 18-month transition period after the effective date to provide mutual funds and ETFs with adequate time to adjust their shareholder report and transmission practices.

The SEC is also providing an 18-month transition period after the effective date to comply with the final amendments to the advertising rules.

The rules amendments that address representations of fees and expenses that could be materially misleading will apply on the effective date.

ERIC Publishes Letter Offering Support and Recommendations for SECURE 2.0

The letter offered broad support for many of the provisions in the three bills composing ‘SECURE 2.0’ and provided recommendations for the final legislation.



The ERISA Industry Committee released a letter addressed to Congress that detailed its recommendations and views regarding a package of retirement reform bills dubbed “SECURE 2.0.” The In the letter, ERIC said it hopes to see a retirement reform bill passed by the end of the year.

SECURE 2.0 refers to one bill passed by the House, called the Securing a Strong Retirement Act, and two Senate bills that have passed their respective committees, but have not yet received a full vote. The Senate bills are called the Enhancing American Retirement Now Act (EARN), and the Savings Enhancement to Supplement Healthy Investments for the Nest Egg Act (RISE and SHINE). The three bills aim to increase American’s access to retirement plans in a variety of ways.

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The original SECURE Act was the Setting Every Community Up for Retirement Enhancement Act of 2019.

The latest legislation aims to improve Americans’ ability to save for retirement. For example, provisions in the EARN and SSRA bills are intended to make it easier for workers with student loan debt to repay it and save for retirement. The bills would enable workers to have pay deducted to repay their loans and have their employer match that amount as a retirement plan contribution. ERIC supports this proposal and hopes to see a version of it in the final bill.

Another common obstacle to saving is the concern of needing money for an emergency, and not having it available to them quickly since it is in a retirement plan and subject to a tax penalty for early withdrawal. The EARN and RISE and SHINE bills have early withdrawal provisions that make it easier to withdraw money from a plan in certain situations. ERIC likewise supports this proposal.

The ERIC letter also supported simplifying fee disclosure and summary plan statements, and tax incentives for plan participation. It also supported a provision only found in the EARN bill, which would allow overfunded pensions to use the extra money on health and life insurance benefits for plan participants until 2032. The current expiration on that provision was set for 2025 by prior legislation.

All three bills permit well-funded plans to forego recoupment of overpayments if the overpayment was the fault of the retiree. ERIC hopes to see this provision in the final legislation.

One proposal absent from all three bills that ERIC suggested was for Congress to create a plan “lost and found.” Some employers have large and complicated retirement plans and sometimes struggle to find missing participants. It recommends that Congress require creation of a database of retirement accounts so that workers and retirees can track down past employers and access their retirement funds.

The letter also expressed disapproval for SSRA section 314 “which takes a step away from electronic delivery of plan disclosures.” Section 314 of SSRA requires participants occasionally receive certain information by paper documents.

Congressman Jim Himes, D-Connecticut, of the House Financial Services Committee, told a conference hosted by the Investment Adviser Association that he expects SECURE 2.0 to pass during this Congress, most likely during the “lame duck” period between November and January.

The full letter is available here.

 

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