08/06/2010 04:24:00 PM EST
Securities and Exchange Commission Staff Urges More Tailored Derivatives-Related Disclosures by Investment Companies

by Marguerite C. Bateman
Late last Friday, the staff of the Securities and
Exchange Commission (SEC) issued guidance on disclosures relating to
investments in derivatives by investment companies. In a letter to the
Investment Company Institute (ICI), the SEC staff shared observations from its
ongoing evaluation of existing disclosures in fund prospectuses and Statements
of Additional Information and shareholder reports (including the financial
statements included therein). The staff indicated that, while its review was
ongoing, it was taking what, in our view at least, is the relatively unusual
step of providing interim guidance to encourage funds to proactively assess the
adequacy of their disclosures in both registration statements and shareholder
reports. The guidance applies to mutual funds, as well as other types of
registered investment companies and business development companies.
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