Research Handbook on the Regulation of Mutual Funds
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Research Handbook on the Regulation of Mutual Funds

Edited by William A. Birdthistle and John Morley

The growth of mutual funds has been a truly global phenomenon and deserves a broad international analysis. Local political economies and legal regimes have created different regulatory preferences for the oversight of these funds, and academics, public officials, and legal practitioners wishing to understand the global investing environment need an appreciation for these international differences. This Handbook addresses these and several other issues concerning mutual funds. The contributors, leading scholars in the field of investment law from around the world, provide a current legal analysis of funds from a variety of perspectives and using an array of methodologies that consider the large fundamental questions governing the role and regulation of investments funds as well identity and behavior of investors and issues surrounding less orthodox funds, such as money market funds, ETFs, and private funds.
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Chapter 6: Protecting mutual fund investors: an inevitable eclecticism

Lyman P.Q. Johnson

Abstract

The chapter examines the variety of approaches taken on investor protection since 1940 and argues that making efforts on many fronts is the best—and probably the only politically viable—regulatory strategy. Specifically, it considers board-centered, investor-centered, SEC-centered, and market-centered solutions. Though it is found that all are flawed by themselves, and that each could be improved, the medley of their combined effect may be the best protection for investors.

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