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
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"

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.

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