Financial Services - Regulations of Mutual Funds

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REGULATIONS OF MUTUAL FUNDS

PRANAV PRASAD
MBA II – B
Reg. No : 18MBA112
Regulations of Mutual fund

A mutual fund is a professionally managed investment fund that pools money from
many investors to purchase securities. These investors may be retail or institutional in nature.

Mutual funds have advantages and disadvantages compared to direct investing in


individual securities. The primary advantages of mutual funds are that they provide economies
of scale, a higher level of diversification, they provide liquidity, and they are managed by
professional investors. On the negative side, investors in a mutual fund must pay various fees
and expenses.

 The Securities Act of 1933 requires that all investments sold to the public, including mutual
funds, be registered with the SEC and that they provide potential investors with
a prospectus that discloses essential facts about the investment.

 The Securities and Exchange Act of 1934 requires that issuers of securities, including mutual
funds, report regularly to their investors; this act also created the Securities and Exchange
Commission, which is the principal regulator of mutual funds.

 The Revenue Act of 1936 established guidelines for the taxation of mutual funds. Mutual funds
are not taxed on their income and profits if they comply with certain requirements under the
U.S. Internal Revenue Code; instead, the taxable income is passed through to the investors in
the fund. Funds are required by the IRS to diversify their investments, limit ownership of voting
securities, distribute most of their income (dividends, interest, and capital gains net of losses)
to their investors annually, and earn most of the income by investing in securities and
currencies. The characterization of a fund's income is unchanged when it is paid to
shareholders. For example, when a mutual fund distributes dividend income to its shareholders,
fund investors will report the distribution as dividend income on their tax return. As a result,
mutual funds are often called "pass-through" vehicles, because they simply pass on income and
related tax liabilities to their investors.
 The Investment Company Act of 1940 establishes rules specifically governing mutual funds.
The focus of this Act is on disclosure to the investing public of information about the fund and
its investment objectives, as well as on investment company structure and operations.
 The Investment Advisers Act of 1940 establishes rules governing the investment advisers.
With certain exceptions, this Act requires that firms or sole practitioners compensated for
advising others about securities investments must register with the SEC and conform to
regulations designed to protect investors.
 The National Securities Markets Improvement Act of 1996 gave rulemaking authority to the
federal government, preempting state regulators. However, states continue to have authority to
investigate and prosecute fraud involving mutual funds.

Open-end and closed-end funds are overseen by a board of directors, if organized as a


corporation, or by a board of trustees, if organized as a trust. The Board must ensure that the
fund is managed in the interests of the fund's investors. The board hires the fund manager and
other service providers to the fund.
The sponsor or fund management company, often referred to as the fund
manager, trades (buys and sells) the fund's investments in accordance with the fund's
investment objective. Funds that are managed by the same company under the same brand are
known as a fund family or fund complex. A fund manager must be a registered investment
adviser.

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