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Written by C. Meyrick Payne and Sara Yerkey
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The most important function served by mutual fund directors is the annual review of investment management arrangements. One of the most complex and potentially confusing factors in this review is the analysis of the investment manager's profitability. Not only is the computation of this factor difficult, but determining what weight to give the results of the analysis in renegotiation of the advisory contract can be even more puzzling. For example, if the manager’s profit margins are high or consistently increasing, should directors take this as indicating a reason to reconsider certain terms of the contract? Or should adviser profitability be viewed in some other way?
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Written by C. Meyrick Payne, Senior Partner, Management Practice Inc. (MPI)
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Mutual Fund directors often wrestle with what should be appropriate response to poor investment performance in one of the funds that they govern. Some incorrectly describe the range of tools available to directors as "a feather or a sledgehammer". These critics believe that the directors can only mildly chastise the Management Company or alternatively lift the advisory contract. Nothing could be further from the truth, particularly as the troublesome fund is usually part of a larger complex where there are a variety of organizational alternatives. Invariably the top executives of the Management Company are just as anxious to correct poor performance as the independent directors. The purpose of this article is enumerate some effective alternatives which generally fall into three categories; organizational, fee-related and structural. Each of these is discussed below.
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Written by C. Meyrick Payne
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Under the provisions of section 15 (c) of the Investment Company Act of 1940, a majority of the independent trustees must annually approve the terms of the investment advisory contract. To accomplish this, the trustees must consider a great many variables, including the adviser's experience, expertise, financial capability, quality of service, as well as the overall profitability to the adviser of the services provided.
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