See More

The SEC Adopts Toughened ‘Names Rule’ for Investment Funds

2 mins
Updated by Michael Washburn
Join our Trading Community on Telegram

In Brief

  • The Investment Company Act's Names Rule aims to protect investors from certain misleading practices.
  • It requires funds to make a bulk of investments in a manner most people would infer based on their names.
  • Now, the SEC has expanded the rule to include more funds and has given the bigger ones 24 months to comply.
  • promo

In an effort to strengthen investor protections and curb misleading practices on the part of registered funds, the Securities and Exchange Commission (SEC) has upgraded its “Names Rule.”

The change is likely to affect many funds active in the cryptocurrency space. It will undoubtedly expand the SEC’s purview and ability to bring enforcement actions.

The SEC Demands “Truth in Advertising” Through Names Rule

The Names Rule is a clause within the Investment Company Act of 1940 that, in essence, requires funds to invest money in a manner consistent with the funds’ names. Or at least with how an average person would construe their names.

For example, if a fund includes the term “real estate” in its name, it cannot make a bulk of its investments in firms and assets that have nothing to do with real estate. Under the rule, such a fund needs to make at least 80% of its investments in a way that people seeing “real estate” in the name would logically assume.

Per the upgraded rule, the SEC said in its announcement, more funds will be subject to this requirement. Though it did not say how many more or what the expanded criteria entail. And, funds must review the allocation of their assets at least quarterly.

“Today’s final rules will help ensure that a fund’s portfolio aligns with a fund’s name. Such truth in advertising promotes fund integrity on behalf of fund investors,” said SEC Chair Gary Gensler.

Learn more about Gary Gensler’s regulatory vendetta against crypto funds and exchanges.

The New Rule Requires Larger Funds to Comply Faster

In addition, the upgraded rule lays down a maximum timeframe, which the SEC gave as “generally 90 days,” for fixing any discrepancies between name and investment strategy.

The amendments will go into effect 60 days after regulators set them down in the Federal Register.

If you are one of the bigger asset managers, you had better get your act together faster. The SEC gives funds of a $1 billion or more in value 24 months to comply. Funds with smaller values get up to 30 months.

Top crypto projects in the US | July 2024
Harambe AI Harambe AI Explore
Uphold Uphold Explore
Coinbase Coinbase Explore
Chain GPT Chain GPT Explore
Top crypto projects in the US | July 2024
Harambe AI Harambe AI Explore
Uphold Uphold Explore
Coinbase Coinbase Explore
Chain GPT Chain GPT Explore
Top crypto projects in the US | July 2024

Trusted

Disclaimer

In adherence to the Trust Project guidelines, BeInCrypto is committed to unbiased, transparent reporting. This news article aims to provide accurate, timely information. However, readers are advised to verify facts independently and consult with a professional before making any decisions based on this content. Please note that our Terms and ConditionsPrivacy Policy, and Disclaimers have been updated.

frame_2192__1_.png
Michael Washburn
Michael Washburn is a New York-based managing editor who joined BeInCrypto in March 2023. Over his career, he written extensively about the corporate legal world and the intersection of finance and law, has produced thousands of articles and features, and has mentored many reporters and researchers finding their way in a fast-changing industry.
READ FULL BIO
Sponsored
Sponsored