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Defending Against Arbitrage Attacks on Closed-End Funds Print E-mail
Written by C. Meyrick Payne and Jay Keeshan of Management Practice Inc.   
     Closed-end funds are often formed because they offer investors an opportunity to invest in a focused portfolio which meets their specific needs, usually with built-in leverage, potentially higher returns, and tax advantages. Often the investment focus of the fund is fashionable at the time it is launched. Theoretically the investor can get their money out by selling shares to another investor through one of the established stock exchanges.
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Capital Requirements for Mutual Fund Investment Advisers - March 2011 Print E-mail
Written by C. Meyrick Payne, Management Practice and Ian Campbell-Laing   

     The recent economic crisis has caused some mutual fund directors to ask for guidance regarding how much, if any, capital is needed to manage a mutual fund advisory business. This is an unusual question as most fund industry observers have always assumed that mutual fund management was more a function of capability than capital. Nevertheless with the report of the Financial Crisis Inquiry Commission, hot off the press, perhaps it is time to explore whether mutual funds are part of the shadow banking system and thus subject to systemic strain. Furthermore the demise in September 2008 of the Primary Reserve Money Market Fund was, in part, the result of the manager, the Reserve Group, not being well enough capitalized to sustain $1 per share net asset value, such that when its Lehman Bonds became impaired, it “broke the buck”. And it was the first to do so in over fourteen years.

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Mutual Funds and Their Directors in Turbulent Times - October 2008 Print E-mail
Written by C. Meyrick Payne   

Turbulent times bring out the best and worst in every aspect of financial investing. Once again, mutual funds are proving to be an appropriate investment for individuals, families and small organizations. Mutual funds are safer and less volatile in turbulent times because of their professional management, diversification, transparency, and governance structure.

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Securities Lending: What Fund Directors Should Consider - June 2008 Print E-mail
Written by Jay Keeshan   

In recent years the topic of securities lending has become an important issue for mutual fund directors, in large part due to advances in technology, which have made the lending process more streamlined and allowed significant profits to be earned. These, in turn, mean higher returns for fund shareholders.  In fact the total profits earned by US mutual funds from securities lending in 2006 was $760 million, up from $510 million in 2005.  Whether a fund is currently lending its shareholdings or not, it is important for fund directors to stay current with this rapidly changing element of the fund industry.

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Mutual Funds – Investment Advice for Financial Beginners - August 2007 Print E-mail
Written by Tom F. Roake   

As someone with little financial experience, making the leap from saving to investing can be more than a little daunting, especially when banks pay consistent interest and guarantee deposits. However, interest rates paid by banks are typically much lower than rates available to investors, and could even result in financial loss if they are less than inflation. In order to make the switch from saving to investing, it is important to understand how the market works, the types of investments available, and the best way in which to meet your goals through investing.

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“Let’s Move On; Let’s Talk About It”: The Real Role of the Independent Chair - March 2007 Print E-mail
Written by C. Meyrick Payne   

Throughout the course of the long debate over the SEC’s proposed rule to require 75% independent board members and an independent chair on a mutual fund board, many observers have come to appreciate that the change is relatively small and quite subtle. After all the Audit, Nominating and Contracts committees are all chaired by independents and most fund groups already have a lead independent director. The real difference is in the explicit control of the board’s agenda. 

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Lessons for Fund Directors from the "Bisys Crisis" - November 2006 Print E-mail
Written by C. Meyrick Payne, Partner, Management Practice Inc.   

The SEC has recently investigated the activities of Bisys Fund Services, a well known provider of administrative, transfer agency and fund accounting services, and 27 of their mutual fund clients.

This investigation alleges improper payments from Bisys to their clients for distribution and other services, which the Wall Street Journal describes as kickbacks of $230 million. More recently the SEC disclosed a similar investigation into SEI, another provider of back-office services. In essence this conduct constitutes taking money from fund shareholders described as being for one purpose and using it for another. The larger problem is that this conduct seems to have been conducted under agreements which were kept secret from the mutual fund boards.

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Debating the 75% Independent and the Independent Chair Rule - January 2006 Print E-mail
Written by C. Meyrick Payne   

Make no mistake, the current debate in the mutual fund industry is about how powerful Mutual Fund Directors need to be to protect America’s savers from potential misdeeds of those who control the $8.5 trillion dollars of mutual fund money. Generally speaking fund directors have been becoming more powerful for many years, particularly since a leader of the governance process has been identified. This MPI Bulletin looks at the substantive arguments on both sides.

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MPI Presents Training Session to the SEC - September 2005 Print E-mail
Written by C. Meyrick Payne and Jay Keeshan   
Management Practice Inc. (MPI) was recently asked by the Securities and Exchange Commission to present to a group of about 100 employees as part of their ongoing training program about mutual fund governance and the world of independent directors. We presented in five modules:
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A Realistic Approach to Evaluating Board Performance Print E-mail
Written by C. Meyrick Payne of Management Practice Inc., a consulting firm focused on the needs of independent   
One of the most important of the ICI's Advisory Committee on Best Governance Practice is that Board periodically evaluates its performance. In spite of this recommendation, the process has not been fully embraced partly because of fear that any written document which is even slightly critical might be used by the plaintiff's bar to bring a lawsuit against the directors. The ICI Advisory Committee was deliberately vague about the measures and criteria to use because each board is quite different and faces different set of priorities. Now the SEC is set to require a similar process. The time has come to delve into the philosophical foundation of a realistic Board evaluation.

Several years ago a well known financial planner came up with an evaluation method which tried to correlate certain elements of governance with fund performance, expense control and investor service. This index became known as the Mutual Fund Board Index (MFBi). While arithmetically correct, the MFBi was misleading because it was based on historical data and assumed that fund directors had control over investment performance. Additionally the index assigned grades and expressed them in rank order which meant that a board which had strong oversight procedures might score badly because fund performance was poor. The experience with MFBi unnerved directors and counsel alike.
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Watchdogs Bite Back Print E-mail
Written by John Winthrop, Independent Trustee of the Pioneer Funds   
The concerns of independent trustees of investment companies are growing. The number of responsibilities seems to be increasing; the assignment is becoming more complicated.

In 1940 there were only 68 mutual funds, according to The Mutual Fund Fact Book published by the Investment Company Institute. In 1972 there were 361 funds. Thirty years later, at the end of 2002, there were 8,256 funds. Those of us who have been involved in this growth industry over the past three decades now live in a very different world.
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