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SEC to investigate funds’ use of derivatives
13 May 2010
The US Securities and Exchange Commission is to investigate exemptions employed by mutual and exchange-traded funds in their use of derivatives because of what it calls the increased complexity of the instruments employed.
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The regulator is planning a review to examine whether
any additional protections are necessary for funds operating under the
Investment Company Act. The SEC will defer considering all exemptions to the
act until the review has been completed.
The review will examine whether funds that rely
substantially on derivatives are maintaining adequate risk management controls,
and whether funds’ use of derivatives is in keeping with the leverage,
concentration and diversification specifications of the act.
“It’s appropriate to engage in a more thorough review
of the use of derivatives by ETFs and mutual funds, given the questions
surrounding the risks associated with the derivative instruments underlying
many funds,” said SEC chairman Mary Schapiro.
“Although the use of derivatives by funds is not a new
phenomenon, we want to be sure our regulatory protections keep up with the
increasing complexity of these instruments and how they are used by fund
managers,” said Andrew Donohue, director of the SEC’s division of investment
management.
“This is the right time to take a step back and
rethink those protections.”