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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.

Read more: SEC fund ETF

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.”


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Poll

What concerns you most about the upcoming regulation changes?

Opportunity for regulatory arbitrage
15%
Impact on revenues
35%
Unnecessary complexity
11%
Workability of central clearing for OTC derivatives
9%
Workability of forcing complex derivatives onto exchanges
31%