SEC Issues Long-Awaited Distribution And Sub-Accounting Guidance

 On Jan. 6, 2016, the staff of the SEC's Division of Investment Management released long-awaited guidance on mutual fund payments to intermediaries for services to omnibus and networked shareholder accounts. The guidance reflects the IM staff's views on a range of payments to financial intermediaries for non-distribution-related services, including sub-transfer agent, administration, sub-accounting and other shareholder servicing fees (the staff call these, collectively, the "sub-accounting fees"). The guidance reaffirms that directors bear a substantial responsibility in approving these arrangements, expands the factors that boards should consider and identifies practices that should prompt greater board scrutiny.