Memo #
15666

JOINT NASD/INDUSTRY BREAKPOINT TASK FORCE

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[15666] February 19, 2003 TO: BOARD OF GOVERNORS No. 8-03 BROKER/DEALER ADVISORY COMMITTEE No. 7-03 PRIMARY CONTACTS - MEMBER COMPLEX No. 15-03 SEC RULES MEMBERS No. 22-03 RE: JOINT NASD/INDUSTRY BREAKPOINT TASK FORCE NASD has announced the formation of a task force to recommend ways in which the mutual fund and brokerage industries can assure that investors are not overcharged when they purchase mutual funds with front-end loads. An NASD news release announcing the formation of the Breakpoint Task Force is attached. According to NASD’s release, the SEC asked NASD, with the support of the ICI and the Securities Industry Association, to spearhead the formation of the task force after routine NASD examinations found that investors do not always receive the correct sales charge discounts. In a recent Notice to Members, NASD directed its members that sell mutual funds with front-end loads to immediately review the adequacy of their policies and procedures to ensure that investors are charged the correct sales loads on mutual fund transactions. The release states that the Breakpoint Task Force is intended to identify and guide the implementation of a more uniform and cost-effective solution to supplement or replace corrections crafted by individual firms. The Task Force will be chaired by Mary Schapiro, Vice Chairman, NASD, and President, Regulatory Policy and Oversight, NASD. She will be joined by ICI General Counsel Craig Tyle, as well as Stuart Kaswell, Vice President and General Counsel, SIA, and Elisse Walter, Executive Vice President, Regulatory Policy and Oversight, NASD. Other mutual fund industry Task Force members include: Karnig H. Durgarian, Senior Managing Director, Putnam Investments; Terry K. Glenn, Chairman of the Americas and President of ML Funds, Merrill Lynch Investment Managers; Tony Green, President, AIM Fund Services, Inc.; Paul G. Haaga, Jr., Executive Vice President, Capital Research and Management Company; and George Hrabovsky, President, Alliance Global Investor Services, Inc. 2 Additional information on mutual fund sales charge breakpoint issues is available on the ICI’s public website at http://www.ici.org/issues/understand_breakpoints.html. Frances M. Stadler Deputy Senior Counsel Attachment (in .pdf format)

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