Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Money Market Funds Shake Up

Author: Robert A. Marsico

Date: September 28, 2016

Key Contacts

Back

New Rules enacted by the SEC Poised to Shake Up Money Market Funds

Big changes are in store for the $2.7 trillion money market funds industry.Rules enacted by the Securities and Exchange Commission (SEC) are slated to take effect on October 14, 2016, and could lead to market volatility.

SEC’s Money Market Reform Rules

The new SEC money market rules require institutional money market funds to maintain a floating net asset value (NAV) for sales and redemptions based on the current market value of the securities in their portfolios. Traditionally, funds have maintained a constant $1 share price.

The SEC enacted the rules in response to the 2008 financial crisis, specifically when Reserve Primary Fund “broke the buck” (the net asset value of the fund fell below $1) due to heavy losses brought on from the collapse of Lehman Brothers. After a flood of redemption requests, the government was forced to step in to stabilize the money market industry. The SEC passed the new rules in 2014, but gave the industry two years to come into compliance.

More on the new SEC rules

The new SEC rules also provide non-government money market fund boards with new tools to address a run on the fund. The new tools – fees and gates – authorize fund boards to impose liquidity fees or to suspend redemptions temporarily (also known as “gate”) if a fund’s level of weekly liquid assets falls below a certain threshold.Specifically, if a money market fund’s level of “weekly liquid assets” falls below 30 percent of its total assets, the money market fund’s board can impose a liquidity fee of up to two percent on all redemptions. In addition, if a money market fund’s level of weekly liquid assets dips below 30 percent, a money market fund’s board could in its discretion temporarily suspend redemptions.

Impact of New Money Market Rules on Investors

Government money-market funds (defined as any money market fund that invests 99.5% or more of its total assets in cash, governmental securities and/or repurchase agreements which are collateralized solely by government securities or cash) can still seek to maintain a $1 share price after SEC rules take effect, and they will not be subject to redemption fees or redemption gates. As a result, many money market funds have already transitioned to government funds, prompting government fund assets to exceed institutional funds for the first time ever this past May.

Over the past several months, money market funds have been required to disclose their per-share net asset values based on market prices, and there has been little fluctuation from $1. However, under the new rules, significant market changes, such as a change in interest rate by the Federal Reserve, could trigger investor losses.Investors should also be aware of other potential changes resulting from the new fees and gates. As highlighted above, investments could be locked up during times of extreme market stress. However, it is also important to note that funds cannot suspend redemptions for more than 10 business days within any 90-day period.

Are you unsure how these new SEC rules might affect you? Would you like to discuss the matter further? If so, please contact me, Robert Marisco, at 201-806-3364.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Money Market Funds Shake Up

    Author: Robert A. Marsico

    New Rules enacted by the SEC Poised to Shake Up Money Market Funds

    Big changes are in store for the $2.7 trillion money market funds industry.Rules enacted by the Securities and Exchange Commission (SEC) are slated to take effect on October 14, 2016, and could lead to market volatility.

    SEC’s Money Market Reform Rules

    The new SEC money market rules require institutional money market funds to maintain a floating net asset value (NAV) for sales and redemptions based on the current market value of the securities in their portfolios. Traditionally, funds have maintained a constant $1 share price.

    The SEC enacted the rules in response to the 2008 financial crisis, specifically when Reserve Primary Fund “broke the buck” (the net asset value of the fund fell below $1) due to heavy losses brought on from the collapse of Lehman Brothers. After a flood of redemption requests, the government was forced to step in to stabilize the money market industry. The SEC passed the new rules in 2014, but gave the industry two years to come into compliance.

    More on the new SEC rules

    The new SEC rules also provide non-government money market fund boards with new tools to address a run on the fund. The new tools – fees and gates – authorize fund boards to impose liquidity fees or to suspend redemptions temporarily (also known as “gate”) if a fund’s level of weekly liquid assets falls below a certain threshold.Specifically, if a money market fund’s level of “weekly liquid assets” falls below 30 percent of its total assets, the money market fund’s board can impose a liquidity fee of up to two percent on all redemptions. In addition, if a money market fund’s level of weekly liquid assets dips below 30 percent, a money market fund’s board could in its discretion temporarily suspend redemptions.

    Impact of New Money Market Rules on Investors

    Government money-market funds (defined as any money market fund that invests 99.5% or more of its total assets in cash, governmental securities and/or repurchase agreements which are collateralized solely by government securities or cash) can still seek to maintain a $1 share price after SEC rules take effect, and they will not be subject to redemption fees or redemption gates. As a result, many money market funds have already transitioned to government funds, prompting government fund assets to exceed institutional funds for the first time ever this past May.

    Over the past several months, money market funds have been required to disclose their per-share net asset values based on market prices, and there has been little fluctuation from $1. However, under the new rules, significant market changes, such as a change in interest rate by the Federal Reserve, could trigger investor losses.Investors should also be aware of other potential changes resulting from the new fees and gates. As highlighted above, investments could be locked up during times of extreme market stress. However, it is also important to note that funds cannot suspend redemptions for more than 10 business days within any 90-day period.

    Are you unsure how these new SEC rules might affect you? Would you like to discuss the matter further? If so, please contact me, Robert Marisco, at 201-806-3364.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: