Vol 3, Issue No.8, August, 2003
International Events

Hony. Editor
Dr. Bindi Mehta
(Director, Research at ICSI - CCRT, Formerly, Chief economist, CRISIL)



 
International Events
SEC seeks stiffer mutual fund safeguards

US financial regulators will urge Congress to call for greater transparency and stronger corporate governance safeguards in the mutual funds industry, according to a report to be sent to Capitol Hill during the month.

The Securities and Exchange Commission is recommending that mutual funds disclose more information about portfolio turnover and transaction costs in their literature. It also recommends that fund managers be forced to share more information about their compensation arrangements.

A report was commissioned after a hearing held in March to examine whether investors were being treated fairly by mutual fund companies. The hearing coincided with a General Accounting Office study that detailed a rise in mutual fund fees during the late 1990s. The SEC said it was not clear whether overall mutual fund costs had risen, but it did express concern at the opacity of trading costs. It called for fund managers to discuss transaction costs and provide more information on the frequency of portfolio turnover – one of the largest transaction costs – in the prospectus.

Regulators were also concerned about ‘soft dollar’ arrangements, in which funds direct their trades through brokerages that provide them with research. The SEC noted such considerations could prevent funds from taking advantage of the cheapest execution, pushing up costs for investors. The SEC also recommended that mutual funds disclose their compensation arrangements for fund managers. The funds do not have to publish the actual figure, the SEC suggested, but whether, for example, they were being rewarded for generating returns over a short or long period.


 



 
 
ICGN Award for Good Corporate Governance

The Commonwealth Association for Corporate Governance (CACG) has won an international award for its work in promoting excellence in corporate governance.

The International Corporate Governance Network (ICGN) announced on Thursday, 10 July that the 2003 ICGN Award for contributions to furthering standards of good corporate governance would go jointly to the CACG and to Dr William Crist, former chairman of CalPERS, the California Public Employees' Retirement System (US).

A statement issued by ICGN on 11 July said, "The CACG is a remarkable organisation; there is no other group out on the ground promoting practical aspects of corporate governance and having such a major impact on so many countries."

CACG was established in 1998 in response to the Edinburgh Commonwealth Economic Declaration, 'Promoting Shared Prosperity', issued by Commonwealth Heads of Government at their 1997 summit. Based in Marlborough, New Zealand, the CACG has, under the direction of the Commonwealth Secretariat, undertaken projects in more than 35 Commonwealth countries in Africa, South Asia, the Caribbean and the Pacific.

Working with 30 affiliate organisations around the world, CACG is the main agency for the delivery of the Secretariat's programme to promote good corporate governance. It provides training for company directors, undertakes research to gauge the impact of corporate governance initiatives in participating companies, and develops guidelines on best practice in corporate governance for adaptation to the needs of individual countries.

"The Commonwealth has always advocated an 'inclusive' approach to corporate governance, covering its contribution to development and corporate social responsibility, as well as compliance with regulatory standards," said Michael Gillibrand, head of advisory services at the Secretariat's Governance and Institutional Development Division. "In this way we endeavour to create a positive environment for investment in member countries."

ICGN's members are large investment fund managers around the world. In 2001, their combined assets were estimated to exceed US$10 trillion. The awards were presented at the ICGN annual conference at the Euronext Stock Exchange in Amsterdam, the Netherlands. This was the first time the award has gone to an organisation rather than an individual.

The CACG will play an active role in the 2nd Pan-African Consultative Forum on Corporate Governance, taking place in Nairobi, Kenya, on 21-23 July 2003. The Forum will focus on corporate governance as a means to promote investment under the New Partnership for Africa's Development (NEPAD). Participants from across Africa will discuss key corporate governance issues in the region, review progress and achievements, foster co-operation among organisations active in efforts to improve corporate governance, and agree international standards and priorities to improve corporate governance in the region. The Forum is supported by the African Development Bank, the World Bank Group, the Global Corporate Governance Forum, the Organisation for Economic Co-operation and Development, and the Commonwealth Secretariat.

Geoffrey Bowes (New Zealand),
holding proudly the Award

from left to right: Michael Gillibrand (UK), Mervyn King (South Africa), Geoffrey Bowes (New Zealand), Vijay Poonoosamy (Mauritius)
behind:Marcelo MacKinley (Canada), Caroline Phillips (UK)


(Source: CNIS - eNews for the Commonwealth, Issue 144 16 July 2003)


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Lawyers, bankers, auditors to loose immunity in US

The US courts are inching towards dismantling a legal bulwark that shields lawyers, accountants and bankers from being held liable in lawsuits brought by angry shareholders. As investors seek restitution for losses in a bear stock market amid a constant stream of corporate scandals, pressure is building to roll back a 1994 Supreme Court decision in a pivotal case known as the Central Bank of Denver.

The decision held that outside corporate advisers – lawyers, accountants, analysts and bankers – can not be held liable for aiding and abetting securities fraud class actions, unless they are ‘primary violators’ of the law. “We would be concerned about efforts to further broaden the definition of ‘primary violator’ because it could spur an untold number of truly trivial and insignificant lawsuits,” said Jim Spellman, a spokesman for the Securities Industry Association, which represents Wall Street brokerage firms. The number of federal securities class action lawsuits jumped up by 31 % in 2002 to 224 from 171 in 2001. This was excluding cases focused narrowly on Initial Public Offers, said the Stanford Law School securities class action clearing house.

 


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© 2001 Academy of Corporate Governance