SEC mutual fund governance ruling [DC Circuit] News
SEC mutual fund governance ruling [DC Circuit]

Chamber of Commerce of the USA v. SEC, United States Court of Appeals for the District of Columbia Circuit, June 21, 2005 [ruling that the US SEC should reconsider its rule that requires mutual funds to be run by boards with independent chairmen]. Excerpt:

We hold the Commission did not exceed its statutory authority in adopting the two conditions, and the Commission's rationales for the two conditions satisfy the APA. We agree with the Chamber, however, that the Commission did violate the APA by failing adequately to consider the costs mutual funds would incur in order to comply with the conditions and by failing adequately to consider a proposed alternative to the independent chairman condition. We therefore grant in part the Chamber's petition for review.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.