SEC Issues Risk Alert on Mutual Fund and ETF Compliance Deficiencies
The SEC Division of Examinations (the "Division") identified common compliance risks observed in examinations of mutual funds and exchange-traded funds.
In a Risk Alert, the Division highlighted deficiencies relating to:
-
policies and procedures involving portfolio management, valuation, trading, conflicts of interest, fees and expenses, and advertising;
-
fund boards' oversight of fund compliance programs; and
-
disclosures in filings and advertising and sales literature.
The Division also highlighted best practices to assist funds in designing and implementing compliance programs, including:
-
reviewing policies and procedures for consistency with practices;
-
conducting periodic testing for compliance with disclosures;
-
ensuring oversight of key vendors;
-
assessing whether information provided to the fund's board is accurate and whether board reporting processes are being adhered to; and
-
reviewing disclosures in fund filings and investor communications for accuracy, as well as consistency with investment policies and restrictions.