IT'S 4 P.M.: HOW MUCH IS YOUR FUND WORTH? - November 9, 2003

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_______________
Copyright © 2001
Stanford Law School


2003 News and Press Releases

News News 2003


HEADLINE ARCHIVED:

IT'S 4 P.M.: HOW MUCH IS YOUR FUND WORTH?
By: Bruce G. McWilliams


NYTimes.com, November 9, 2003

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EXCERPT: The heart of the scandals rocking the mutual fund industry is the arcane and sometimes arbitrary way a fund is priced each day. Informational Web sites explain in general how a fund's price is calculated: first, take the value of the stocks plus any cash in the fund, add dividends, subtract expenses, and divide by the number of fund shares. That produces the net asset value per share - the daily fund price that is printed in newspapers. The general concept is that the value of the assets should be equal to the cash an investor puts in or withdraws. If the fund is priced inaccurately, an unfair advantage is given to existing shareholders or to those moving into or out of the fund. The Investment Company Act of 1940 requires mutual funds to value their holdings at least once a day; most funds close their books at 4 p.m. sharp, which is also the close of regular trading on the exchange floor. (Unique in the industry, the Fidelity Select funds, from Fidelity Investments, reprice hourly during the business day, allowing investors to profit from sharp industry trends.) For the pricing of most securities, the late-afternoon cutoff poses no particular problem; fund companies evaluate their portfolios using the last traded price of the day. Data services provide a stream of closing prices, which are then applied against the fund's holdings to calculate the value of the portfolio. But the process is extremely complex, said Thomas Seale, chief executive of European Fund Administration, a specialized firm based in Luxembourg whose principal activity is to calculate net asset values for funds. The pricing "is exact for the second it is completed, but goes stale immediately afterward," he said, and "therein lie the arbitrage possibilities." For thinly traded securities, like smaller-company stocks and junk bonds, or for foreign securities whose markets closed hours earlier, fund companies generally estimate a "fair value." In this instance, the fund is expected to provide a good-faith estimate of the share's theoretical trading price at the cutoff time. Pricing is complicated for many foreign securities because Asian markets may close 12 to 15 hours earlier than the valuation time, while European markets may close four hours earlier. This is not a new issue, but it has certainly become a hot one. In a letter in April 2001 to the Investment Company Institute - the mutual fund trade group - the Securities and Exchange Commission described the steps that sly investors could take to profit. It gives the example of a "significant event," like an increase in the American markets, that would probably lead to a gain in Asian markets when they opened the next day. An investor could buy shares of a fund holding Asian shares at the 4 p.m. price and sell the next day, after the net asset value of the fund had risen. (The letter is on the S.E.C. Web site at http://www.sec.gov/divisions/investment /guidance/tyle043001.htm.) The S.E.C. said it feared that "short-term investors may attempt to exploit the differences between market prices that are no longer current and the value of a fund's portfolio securities." The continued arbitrage activity "also may harm shareholders because it may cause funds to manage their portfolio in a disadvantageous manner," the letter said. The fund manager may be forced "to liquidate certain securities" or "maintain a larger percentage of its assets in cash to meet higher redemption levels." Eric Zitzewitz, an assistant professor of strategic management at the Stanford Graduate School of Business, estimated in a paper last year that international arbitrage investors could earn 35 percent to 70 percent returns annually by trading regularly after the close. On the other hand, if the fund manager correctly estimates what the share prices will be for these closed markets and includes them in the 4 p.m. cutoff, the possibility of excess profit disappears.

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