Last week, the House Financial Services Committee approved legislation that would allow broker-dealers to publish research on exchange traded funds that would not be considered a solicitation to buy or sell shares of ETFs mentioned in research reports.
“The measure was co-authored by Rep. French Hill, R-Ark., and Rep. John Carney, D-Del. The measure was one of 13 bills the House Financial Services Committee approved that are designed to ease capital-raising rules for small businesses. They will go to the House floor next for a vote by the full chamber,” reports Mark Schoeff Jr. for InvestmentNews.
Due to various securities laws and regulations, broker-dealers currently do not publish ETF research. The legislation “would direct the Securities and Exchange Commission (SEC) to provide a safe harbor for research reports that cover Exchange Traded Funds (ETFs) so that the reports would not be considered “offers” under the Securities Act of 1933,” according to a statement from Hill’s office.
Permitting broker-dealers to publish ETF research would allow those companies to gain a potentially larger slice of the rapidly growing ETF industry.
According to ETFGI, a London-based ETF research firm, the global exchange traded products industry will surpass hedge funds in terms of assets under management this quarter.
“According to our analysis published on April 24th, assets in the global ETF/ETP industry reached a new record of US$2.926 trillion at the end of Q1 2015, while assets in the global hedge fund industry, according to a new report published by Hedge Fund Research (HFR), reached a record US$2.939 trillion. Assets in the ETF/ETP industry have been gaining on those invested in the hedge fund industry with the difference narrowing from US$230 billion at the end of 2013 to just US$13 billion at the end of Q1 2015,” according to a note published by ETFGI last month. [Another ETF Milestone]
Assets in U.S.-listed exchange traded products rose to a record $2.132 trillion at the end of April, according to ETFGI.
“This commonsense bill, which mirrors other research safe harbors implemented by the SEC, will provide clarity to the law and allow investors to access useful information in this rapidly growing market. I appreciate the support of Congressman Carney and thank the Committee for its efforts to promote capital formation, remove unnecessary burdens, and grow jobs and the economy,” said Hill in the statement.
Hill was a commercial and investment banker prior to being elected to Congress in 2014.