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GAO-17-271R 1 (2016-12-05)

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GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328609



December 5, 2016

The Honorable Richard Shelby
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Jeb Hensarling
Chairman
The Honorable Maxine Waters
Ranking Member
Comm ittee on Financial Services
House of Representatives

Subject: Securities and Exchange Commission: Investment Company Swdng Pricing

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Securities and Exchange Commission (the Commission) entitled
Investment Company Swing Pricing (RIN: 3235-AL61). We received the rule on October 19,
2016. It was published in the Federal Register as a final rule on November 18, 2016. 81 Fed.
Reg. 82,084. The effective date of the rule is November 19, 2018.

The final rule adopts amendments to rule 22c-1 under the Investment CompanyAct to permit a
registered open-end management investment company (open-end fund or fund) (except a
money market fund or exchange-traded fund), under certain circumstances, to use swing
pricing, the process of adjusting the fund's net asset value per share to effectively pass on the
costs stemming from shareholder purchase or redemption activity to the shareholders
associated with that activity, and amendments to rule 31a-2 to require funds to preserve certain
records related to swing pricing. The Commission is also adopting amendments to Form N-1A
and Regulation S-X and a new item in Form N-CEN, all of which address a fund's use of swing
pricing.

Enclosed is our assessment of the Commission's compliancewith the procedural steps required
by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that the Commission complied with the applicable
requirements.


GAO-1 7-271 R

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