Canada – laws and regulations are made and enforced by each province and territory, which has its own securities regulator, a government agency usually known as a ‘Securities Commission’. Representatives from each commission serve on an umbrella body, the Canadian Securities Administrators, which occasionally creates national rules. In addition, the Mutual Fund Dealers Association of Canada (MFDA) and the Investment Dealers Association of Canada (IDA) have been formed as Self Regulatory Organisations (SROs) to regulate specific industry groups within certain provinces. SROs are not government agencies but member bodies that operate subject to the oversight of the Securities Commissions.
Australia – the first unit trust to be offered in Australia was named just that – Hugh Dalton’s Australian Fixed Trusts offering units in the First Australian Unit Trust in late 1936, when the funds industry was largely unregulated. The Australian retail funds market is now fully regulated under the provisions of the Managed Investments Act (MIA) and, more recently, the Financial Services Reform Act of 2001, which changed the licens ing and disclosure requirements. The MIA requires managers to take on the duties and obligations of the single responsible entity, whereby they are obligated under statute law to uphold unitholder rights. Under this arrangement, trustee duties have been fused with manager duties, but whilst external custody is not mandatory, the majority of managers use independent custodian services. Superannuation funds also gain the regulatory protection of the MIA, as approximately 90% of these savings are invested in wholesale and retail MIA vehicles. Read the rest of this entry »
Establishment
Establishing a mutual fund follows a similar procedure in all countries. First, a management company determines the investment opportunity for a fund with a particular investment objective and policy, then decides its appropriate type or construction, either the corporate type, as an investment company, or the contractual type, as a unit or investment trust. It is worth noting that, in law, only the corporate type has a’legal personality’.
Usually in conjunction with an independent custodian, depositary or trustee, the fund’s constitutional documents are prepared and executed as legally binding instruments. The officers and agents, such as the investment manager, transfer agent, selling agent, administrator, auditor, are identified and then the terms and conditions upon which the fund will be offered and operated are settled and the charges and tees of the various parties agreed. Application for authorisation is then made to the relevant authority. Read the rest of this entry »
For regulatory purposes, there are two essential scheme documents:
- the instrument of incorporation (if a company) or the trust deed (if a trust‘;
- the prospectus or offering document, also known in some jurisdictions as scheme particulars.
It is the instrument of incorporation that establishes the mutual fund, and a fund established as a company may well have a certificate of incorporation before it applies for authorisation. However, it cannot be offered to the public until it has an order of authorisation. Read the rest of this entry »
Several charges are associated with mutual funds, although they need not all apply to every fund. Charges are the costs that investors pay for the administration and management of their investment, applied in one of three ways:
- as part of the share or unit price paid upon entry to the fund;
- as a direct charge rendered separately from the amount of the investment;
- paid from the property (assets) of the fund. Read the rest of this entry »
