1st Edition

Regulation and Governance of Mutual Funds United Kingdom and United States of America Perspectives on Investor Protection

By Mohammed Khair Alshaleel Copyright 2023
272 Pages 16 B/W Illustrations
by Routledge

272 Pages 16 B/W Illustrations
by Routledge

272 Pages 16 B/W Illustrations
by Routledge

This book provides a detailed analysis of mutual fund regulations and governance in the UK from the investor protection perspective. It comprehensively describes mutual funds by their function, social utility, and legal attributes, examining the level of protection provided to retail investors under existing regulations. Mutual funds are externally managed with fund ownership separated out from... Read more

Chapter 1: Introduction

1.1 Scope and Purpose

1.2 The Concept of Mutual Funds: Meaning and Terminology

1.3 Open-ended Retail Mutual Funds

1.4 Structure and Outline

PART I: MUTUAL FUNDS: CONCEPT, GROWTH AND HISTORY

Chapter 2: Mutual Funds: Meaning, Forms and Operations

2.1 Introduction

2.2 Concept of Mutual Funds

2.3 Role of Investment in Mutual Funds

2.4 Hedge Funds Versus Mutual Funds

2.5 Classification of Mutual Funds

2.6 Operation of a Mutual Fund

2.7 Legal Nature of Open-Ended Investment Companies and Unit Trust

2.8 Conclusion

Chapter 3: Mutual Funds: Growth and History

3.1 Introduction

3.2 Growth of the Mutual Funds Industry

3.3 Brief History of Mutual Funds

3.4 Conclusion

PART II: MUTUAL FUNDS REGULATION AND GOVERNANCE: THE QUEST FOR INVESTOR PROTECTION

Chapter 4: Mutual Funds Regulation: The United Kingdom

4.1 Introduction

4.2 Objectives of Financial Regulation

4.3 Existing legal Framework of Mutual Funds in the United Kingdom

4.4 Valuation and Pricing Regulations

4.5 Delegation of Functions

4.6 Winding up Mutual Funds

4.7 Conclusion

Chapter 5: Mutual Funds Prudential Regulation: The United Kingdom

5.1 Introduction

5.2 Prudential Regulation: Objectives and Tools

5.3 Mutual Funds Risk Management

5.4 Liquidity Risks Management in an Evolving Mutual Fund Industry

5.5 Mutual Funds Investment Limits: Prudent Spread of Risk

5.6 Conclusion

Chapter 6: Governance of Mutual Funds: Comparative Accounts of the United Kingdom and United States

6.1 Introduction

6.2 Conflicts of Interest: Agency Problem Theory

6.3 Definition and Scope of Governance

6.4 Competing Governance Models: Corporate Versus Contractual Model

6.5 Agency Problems as a Challenge to Governance

6.6 Disclosure as a Regulatory Tool in Mutual Funds Governance

6.7 Effectiveness of Voting Rights in Mutual Funds Governance

6.8 Role of the FCA in Protecting investors

6.9 Conclusion

Chapter 7: Regulation of Undertakings for Collective Investment in Transferable Securities: The European Union

7.1 Introduction

7.2 Development of the UCITS

7.3 Separation of Management and Supervision Functions: The Foundation of Investor Protection

7.4 Non-UCITS

7.5 EU Passports

7.6 Shareholder Rights Directive II and its Implications for UCITS Managers and Investors

7.7 UCITS and Brexit: Loss of Passporting Rights

7.8 Conclusion

Chapter 8: Mutual Funds and Investor Protection in the United Kingdom: Past, Present and Future

8.1 Framing Investor Protection in Mutual Funds Regulation and Governance

8.2 Concluding Comments

Biography

Mohammed Khair Alshaleel is Lecturer in Financial and Commercial Law at the University of Essex, UK.