The Commodity Futures Trading Commission is moving to increase oversight of the growing number of mutual funds that make speculative bets on gold, oil and other commodities and currencies through offshore subsidiaries.
The Wall Street Journalreports that officials at the federal agency are concerned that a proliferation of non-U.S. subsidiaries set up by mutual funds beyond the reach of current regulations could expose investors to volatile swings in commodities prices and potentially huge losses. A proposed rule by the CFTC would essentially preclude mutual funds from using subsidiaries to invest in commodities, but the mutual-fund industry is fighting the move.
According to the paper, at the center of the battle are mutual funds offering exposure to commodities, mainly through futures contracts and derivatives tied to their prices. Similar funds allow investors to bet on the direction of currencies. Many of the mutual funds have set up foreign subsidiaries, typically in the Cayman Islands, that invest as much as 25% of a mutual fund's assets in commodities.
While the mutual funds are regulated by the Securities and Exchange Commission, they aren't subject to oversight by the CFTC, which scrutinizes other trading vehicles that invest in commodities. U.S. regulators have no power over the foreign units.
"Right now, the funds that we see on the marketplace don't fully disclose what they're doing inside the foreign corporation and don't have much detail on trading strategies or fees," Ken Steben, president and chief executive of Steben & Co., which runs managed futures funds that are subject to CFTC oversight and compete against mutual funds for investor money, told The Journal.
CFTC Commissioner Scott O'Malia has said the agency needs to "close the regulatory gap that allows some registered companies to offer futures-only products outside of the commission's jurisdiction, especially its antifraud authorities."
