《美國投資管理經(jīng)典案例研究》以普惠金融的代表——共同基金的規(guī)制為研究重點(diǎn),同時(shí)對從事集合理財(cái)?shù)钠渌愋偷臋C(jī)構(gòu),如保險(xiǎn)資產(chǎn)管理公司、銀行集合信托基金、養(yǎng)老與退休基金、資產(chǎn)證券化集合投資基金、私募基金的特殊監(jiān)管機(jī)制進(jìn)行了闡析。既有對美國《投資基金法》和《投資顧問法》主要監(jiān)管理念與法規(guī)的系統(tǒng)分析,又深入研究了在美國基金監(jiān)管史上產(chǎn)生重大影響和代表性的經(jīng)典案例。作者以通俗易懂的英文風(fēng)格行文,將抽象的理論與具體的案例融合,進(jìn)行了深入而廣泛的理論研究與文獻(xiàn)綜述,尤其是書中大量的代表性案例,詳細(xì)地闡述了相關(guān)規(guī)則的歷史背景及其借鑒。
目錄
TABLE OF CONTENTS
CHAPTER 1 CONCEPT OF INVESTMENT COMPANY
SECTION 1.1 PRIMARY ENGAGEMENT: MANAGING INVESTMENTS VS OPERATING BUSINESS
Topic 1 Operating Company vs Investment Company
Topic 2 Industrial Holding Company vs Spe Situation Investment Company
SECTION 1.2 TYPES OF REGISTERED INVESTMENT COMPANIES
Topic 1 “Redeemable Security”: Open-End/Closed-End Dichotomy
Topic 2 Interval Funds: Periodic Repurchasability vs Limited Redeemability
Topic 3 Exchange-Traded Fund: Open-End/Closed-End Hybrid
Topic 4 Money Market Fund: A Type of Open-End Investment Company
CHAPTER 2 MUTUAL FUND STRUCTURAL CONFLICTS; GOVERNANCE; OVERREACHING RISK
SECTION 2.1 FIDUCIARY NATURE OF ADVISER-FUND INVESTORS RELATIONSHIP
Topic 1 Structure of the Investment Company Industry
Topic 2 Fiduciary Duty in Respect of Management Fees
Topic 3 Fiduciary Restrictions on Profitable Transfer of Advisory Contract
SECTION 2.2 INDEPENDENT WATCHDOG FOR FUND INVESTORS
Topic 1 Role of Mutual Fund Board
Topic 2 Fund’s Independent Directors: Watchdogs and the Watched
SECTION 2.3 REGULATORY STRICTURES PROTECTING FUNDS FROM AFFILIATE OVERREACHING
Topic 1 Prior Exemption Required of Affiliate “Acting as Principal” Involving Fund
Topic 2 Remuneration Limitation on Affiliate “Acting as Broker” for Fund
Topic 3 Prohibition of Affiliate “Acting as Agent” Compensated by Third Party
CHAPTER 3 MUTUAL FUND DISTRIBUTION; TRADING; INVESTMENTS
SECTION 3.1 MUTUAL FUND DISTRIBUTION
Topic 1 Structure of Mutual Fund Distribution Finance
Topic 2 Prohibited Distribution Arrangement: IA Revenue Sharing for BD Shelf Space
SECTION 3.2 TRADING IN MUTUAL FUND SHARES
xiv Table of Contents
Topic 1 Late Trading: Insider?6?8s Illegal Profits
Topic 2 Abusive Market Timing: Unfair Short-Term Arbitrage Profit
SECTION 3.3 MUTUAL FUND TRADING IN PORTFOLIO SECURITIES
Topic 1 Soft Dollar Practices
SECTION 3.4 MUTUAL FUND INVESTMENT AND LEVERAGE RESTRICTIONS
Topic 1 Fund of Funds: Pyramid vs Hub-and-Spokes
CHAPTER 4 INVESTMENT ADVISER REGULATION AND ENFORCEMENT UNDER ADVISERS ACT
SECTION 4.1 INVESTMENT ADVISER CONDUCT REGULATION
Topic 1 Statutory Investment Adviser and Exclusions
Topic 2 Registration, Exemption, and Reporting Regime for Statutory Advisers
Topic 3 Standards of Conduct: Investment Adviser vs Broker-Dealer
SECTION 4.2 INVESTMENT ADVISER ANTIFRAUD ENFORCEMENT
Topic 1 Antifraud Statute of Advisers Act
Topic 2 Fraudulent “Pay to Play” Practices
Topic 3 Misleading Investment Performance Advertising
CHAPTER 5 CERTAIN POOLED INVESTMENT VEHICLES BEYOND MUTUAL FUNDS
SECTION 5.1 INSURANCE COMPANY, SEPARATE ACCOUNTS, AND VARIABLE CONTRACTS
Topic 1 Ectoplasmic Theory: Insurance Company vs Variable Separate Account
Topic 2 Issuer of Securities: Insurance Company vs. Non-Unitized Separate Account
SECTION 5.2 BANK COMMON TRUST FUND AND COLLECTIVE INVESTMENT FUND
Topic 1 Fiduciary Trust Services vs Investment Management Services
Topic 2 Trust Funds and Pension Funds Maintained by Bank
SECTION 5.3 POOLED INVESTMENT VEHICLES FUNDING PENSION PLANS
Topic 1 Defined Benefit vs Defined Contribution
SECTION 5.4 STRUCTURED FINANCING VEHICLES
Topic 1 Mortgage-Related Pools
SECTION 5.5 PRIVATE INVESTMENT COMPANIES
Topic 1 Hedge Fund
Topic 2 Performance Fee