SEC's New Rule Change May Help Bolster Directors
Wall Street Journal Online (09/05/00) Vol. 28, No. 15 p.6; Burns, Judith
The Securities and Exchange Commission (SEC) is
creating new rules that could strengthen the independence of
mutual-fund directors. The proposed rules would require
directors to be independent and force them to disclose whether
they sit on any boards of funds in which they have money
invested. The directors' privacy will be protected, with their
investments being listed revealed in a dollar range, not in a
precise figure. Another change by the SEC has garnered some
serious criticism, as it would require independent directors to
outsource legal counsel. Critics argue that the proposed
legal-advice provision would be too costly to small mutual funds
that do not have a large shareholder base to spread around the
expense of outside counsel. In response to this criticism, Paul
Royce, director of the SEC's investment management division, said
that the rule will not require directors to hire their own
attorneys, but when they seek legal advice, they must outsource
it. This will give them "independent, objective, unbiased
advice," to protect the shareholders' interests.