
Fundamentals for Newer Directors 2014 (pdf)
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Explore expert resources, analysis, and opinions on key topics affecting the asset management industry.
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See ICI’s upcoming and past events.
The latest edition of ICI’s flagship publication shares a wealth of research and data on trends in the investment company industry.
Explore expert resources, analysis, and opinions on key topics affecting the asset management industry.
Read ICI’s latest publications, press releases, statements, and blog posts.
See ICI’s upcoming and past events.
ICI Innovate brings together multidisciplinary experts to explore how emerging technologies will impact fund operations and their implications for the broader industry.
ICI Innovate is participating in the Emerging Leaders initiative, offering a heavily discounted opportunity for the next generation of asset management professionals to participate in ICI’s programming.
The Emerging.
Stay informed of the policy priorities ICI champions on behalf of the asset management industry and individual investors.
Explore research from ICI’s experts on industry-related developments, trends, and policy issues.
Explore expert resources, analysis, and opinions on key topics affecting the asset management industry.
Read ICI’s latest publications, press releases, statements, and blog posts.
See ICI’s upcoming and past events.
Washington, DC, April 17, 2012 - The Investment Company Institute and the U.S. Chamber of Commerce today filed a legal challenge to the Commodity Futures Trading Commission’s (CFTC) final rule imposing redundant regulations on registered investment companies—such as mutual funds and exchange traded funds (ETFs)—without satisfying the agency’s obligation to weigh the costs or benefits of the rule. Eugene Scalia and Daniel J. Davis of Gibson, Dunn, and Crutcher LLP will be counsel to ICI and the Chamber on this litigation.
“The rule layers the CFTC’s regulatory regime atop that already applied to funds by the Securities and Exchange Commission under all the major federal securities laws. The CFTC in its rulemaking process did not remotely justify such regulatory excess,” said ICI president and CEO Paul Schott Stevens. “The rule will impose significant compliance costs on mutual fund advisers and, ultimately, these costs will come out of shareholders’ pockets. Additional cost for no benefit to investors – that’s the wrong outcome.”
“The Chamber strongly supports smarter regulation that reduces systemic risk. Unfortunately, the CFTC’s new rule looks more like regulation for regulation’s sake,” said David Hirschmann, president and CEO of the U.S. Chamber’s Center for Capital Markets Competitiveness. “The new rule creates confusion, not clarity, by subjecting mutual funds to redundant, overlapping, and unnecessary regulatory requirements. The CFTC completely ignored its statutory duty to evaluate the costs this unnecessary regulation will undoubtedly impose on the economy.”
In a complaint filed with the U.S. District Court for the District of Columbia, ICI and the Chamber charge that the CFTC’s Rule 4.5 amendment – which requires advisers to registered investment companies already regulated by the U.S. Securities and Exchange Commission (SEC) to be dually regulated by the CFTC as “commodity pool operators” – violates the Commodity Exchange Act (CEA) and the Administrative Procedure Act (APA) on multiple counts. The complaint states the rule is “arbitrary and capricious” and requests injunctive relief to prevent the CFTC from implementing the Rule.
Excerpts from the complaint:
“The CFTC failed to satisfy its statutory obligation to weigh the costs and benefits of this new regulation,” said Eugene Scalia, partner at Gibson, Dunn & Crutcher, LLP, who is representing ICI and the Chamber. “The agency imposed burdensome new requirements without showing that they are necessary, or even that they will be helpful to investors. What’s more, just a few years ago the CFTC determined that similar requirements had adverse effects on the markets.”
For more information, please visit ICI’s Commodity Investments Resource Center that includes additional information about the case.
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