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GAO-05-451R 1 (2005-03-28)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-296101


          March 28, 2005

          The Honorable Richard C. Shelby
          Chairman
          The Honorable Paul S. Sarbanes
          Ranking Minority Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Michael G. Oxley
          Chairman
          The Honorable Barney Frank
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Mutual Fund Redemption Fees

          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 (SEC), entitled
          Mutual Fund Redemption Fees (RIN: 3235-AJ17). We received the rule on
          March 14, 2005. It was published in the Federal Register as a final rule; request for
          additional comment on March 18, 2005. 70 Fed. Reg. 13328.

          The final rule permits registered open-end investment companies (funds) to impose a
          redemption fee of up to 2 percent on the redemption of fund shares. The rule is
          intended to allow funds to recoup some of the direct and indirect costs of frequent
          trading and to reduce the dilution of fund shares. The rule also requires that the
          fund, regardless of whether it imposes a redemption fee, enter into a written
          agreement with each of its intermediaries (such as broker-dealers or retirement plan
          administrators) under which the intermediaries must provide the fund, upon request,
          information about the identity of shareholders and information about their
          transactions in fund shares.

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


GAO-05-451R

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