Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Money Market Funds Shake Up

Author: Robert A. Marsico

Date: September 28, 2016

Key Contacts

Back

New Rules enacted by the SEC Poised to Shake Up Money Market Funds

Big changes are in store for the $2.7 trillion money market funds industry.Rules enacted by the Securities and Exchange Commission (SEC) are slated to take effect on October 14, 2016, and could lead to market volatility.

SEC’s Money Market Reform Rules

The new SEC money market rules require institutional money market funds to maintain a floating net asset value (NAV) for sales and redemptions based on the current market value of the securities in their portfolios. Traditionally, funds have maintained a constant $1 share price.

The SEC enacted the rules in response to the 2008 financial crisis, specifically when Reserve Primary Fund “broke the buck” (the net asset value of the fund fell below $1) due to heavy losses brought on from the collapse of Lehman Brothers. After a flood of redemption requests, the government was forced to step in to stabilize the money market industry. The SEC passed the new rules in 2014, but gave the industry two years to come into compliance.

More on the new SEC rules

The new SEC rules also provide non-government money market fund boards with new tools to address a run on the fund. The new tools – fees and gates – authorize fund boards to impose liquidity fees or to suspend redemptions temporarily (also known as “gate”) if a fund’s level of weekly liquid assets falls below a certain threshold.Specifically, if a money market fund’s level of “weekly liquid assets” falls below 30 percent of its total assets, the money market fund’s board can impose a liquidity fee of up to two percent on all redemptions. In addition, if a money market fund’s level of weekly liquid assets dips below 30 percent, a money market fund’s board could in its discretion temporarily suspend redemptions.

Impact of New Money Market Rules on Investors

Government money-market funds (defined as any money market fund that invests 99.5% or more of its total assets in cash, governmental securities and/or repurchase agreements which are collateralized solely by government securities or cash) can still seek to maintain a $1 share price after SEC rules take effect, and they will not be subject to redemption fees or redemption gates. As a result, many money market funds have already transitioned to government funds, prompting government fund assets to exceed institutional funds for the first time ever this past May.

Over the past several months, money market funds have been required to disclose their per-share net asset values based on market prices, and there has been little fluctuation from $1. However, under the new rules, significant market changes, such as a change in interest rate by the Federal Reserve, could trigger investor losses.Investors should also be aware of other potential changes resulting from the new fees and gates. As highlighted above, investments could be locked up during times of extreme market stress. However, it is also important to note that funds cannot suspend redemptions for more than 10 business days within any 90-day period.

Are you unsure how these new SEC rules might affect you? Would you like to discuss the matter further? If so, please contact me, Robert Marisco, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!