Treatise Update: Mutual Funds and Exchange Traded Funds Regulation (Third Edition)

Mutual Funds and Exchange Traded Funds Regulation (Third Edition) offers professionals who work at or advise mutual and exchange-traded funds an in-depth look into the SEC and DOL rules that impact these funds. Readers will discover insights on taxation considerations, prospectus delivery and disclosure standards, safe harbors, valuation practices, compliance concerns, conflicts of interest, contract drafting, marketing, and inspector request response strategies.  

The new release includes updates to the following chapters:

  • Chapter 11, Proxy Voting, reviews the SEC’s July 2022 rescission of part of the 2020 amendments to the proxy and solicitation rules under the Exchange Act; the November 2022 SEC amendments designed to enhance disclosures by investment companies regarding proxy votes; and the 2022 DOL Rule changes to the prior rulemaking.
  • Chapter 25, SEC Inspections, provides updated discussions on routine examinations and the characteristics the SEC’s Office of Compliance Inspections and Examinations (EXAMS) uses when ranking firms; and the incorporation of the new Marketing Rule into the examination process.
  • Chapter 32, Money Market Funds, covers Rule 2a-7 and the other rules (the “2023 Amendments”) that govern money market funds, including changes to the liquidity fee and redemption gate framework under Rule 2a-7; and disclosure Form N-1A and Form N-MFP. New discussion of the amendment to Rule 2a-7 to allow stable NAV money market funds to implement a reverse distribution or similar share cancellation mechanism (RDM) that would reduce the number of the fund’s outstanding shares in order to maintain a stable share price in a negative interest rate environment.
  • Chapter 35,Exchange-Traded Funds, includes revisions to Rule 12d1-4 under the Investment Company Act, a new rule designed to streamline and enhance the regulatory framework for funds that invest in other funds (“funds of funds”).
  • Chapter 45, Investment Management M&A, discusses the Inflation Reduction Act.

The Table of Authorities and Index have also been updated for this release.

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