State Street Global Advisors Gains SEC 1940 Act Relief from SEC for All ETFs
November 27 2006 - 12:46PM
Business Wire
State Street Global Advisors (State Street) (NYSE: STT), announced
today that all of its exchange-traded funds (ETFs) now have
exemptive relief from the U.S. Securities and Exchange Commission
(SEC) permitting investment by investment companies in excess of
the limitations under the Investment Company Act of 1940, as
amended (1940 Act). The relief will enable registered investment
companies to invest in ETFs managed by State Street in excess of
the limits set by Section 12(d)(1)(A) of the 1940 Act, providing
them with more flexibility to achieve their asset allocation and
investment strategies. Section 12(d)(1)(A) prohibits an investment
company from acquiring more than three percent of the total
outstanding voting stock of another investment company, investing
more than five percent of its total assets in a single investment
company, and investing more than 10 percent of its total assets in
two or more investment companies. The latest SEC exemptive order
covers Select Sector SPDRs�, State Street�s ETF offering that
divide the Standard & Poor�s 500 Index� into nine sector index
funds and streetTRACKS�, a collection of ETFs that track a variety
of market cap, style, international and sector/industry indexes.
The SPDR� Trust and DIAMONDS� Trust were granted similar relief in
a 2004 SEC order. �This relief will allow mutual funds greater
flexibility to invest in State Street managed ETFs to achieve their
portfolio management goals,� said James Ross, senior managing
director of State Street. �Previously, they were restricted by the
40 Act stipulation in the amount they could invest, and we are
pleased that this obstacle has been removed.� The SEC order
includes specific terms and conditions under which an investment
company may invest in an ETF in excess of the Investment Company
Act�s limits. For example, it must enter into an agreement with the
ETF, refrain from exercising undue influence over the ETF, and
comply with the investment company�s own investment restrictions
and policies. State Street, in partnership with the American Stock
Exchange, introduced the first and now largest ETF�the SPDR�in
1993. ETFs are investment companies that hold portfolios of
securities that generally track indexes such as the S&P 500� or
Dow Jones Industrial Average, but trade like shares of stock. They
are subject to investment risk and fluctuate in market value. ETFs
are designed to provide individual and institutional investors with
tax efficiency, relatively low costs, buying and selling
flexibility, all-day tracking and trading, and diversification.
Institutional investors use ETFs to accomplish a variety of
investment strategies, such as equitizing cash, managing cash
flows, allocating assets between equity and fixed-income
investments, diversifying country and sector exposure, and using
hedging techniques. A global leader in the exchange-traded market,
State Street has more than $110 billion in ETF assets under
management worldwide (at October 31, 2006), with a market share of
nearly 21 percent.* It manages 66 ETFs worldwide. About State
Street Global Advisors State Street Global Advisors, the investment
management arm of State Street Corporation, delivers investment
strategies and integrated solutions to clients worldwide across
every asset class, investment approach and style. With $1.6
trillion in assets under management as of September 30, 2006, State
Street Global Advisors has investment centers in Boston, Hong Kong,
London, Milan, Montreal, Munich, Paris, Singapore, Sydney, Tokyo
and Zurich, and offices in 25 cities worldwide. For more
information, visit State Street Global Advisors at www.ssga.com. *
Source: SSgA Advisor Consulting Services as of October 31, 2006
ETFs trade like a stock and are subject to market risk.
streetTRACKS� are distributed by State Street Global Markets, LLC,
member NASD, SIPC. Before investing, consider the funds� investment
objectives, risks, charges and expenses. A prospectus, which
contains this and other important information about the fund can be
obtained by calling 866.787.2257. Read it carefully before
investing. State Street Global Advisors (State Street) (NYSE: STT),
announced today that all of its exchange-traded funds (ETFs) now
have exemptive relief from the U.S. Securities and Exchange
Commission (SEC) permitting investment by investment companies in
excess of the limitations under the Investment Company Act of 1940,
as amended (1940 Act). The relief will enable registered investment
companies to invest in ETFs managed by State Street in excess of
the limits set by Section 12(d)(1)(A) of the 1940 Act, providing
them with more flexibility to achieve their asset allocation and
investment strategies. Section 12(d)(1)(A) prohibits an investment
company from acquiring more than three percent of the total
outstanding voting stock of another investment company, investing
more than five percent of its total assets in a single investment
company, and investing more than 10 percent of its total assets in
two or more investment companies. The latest SEC exemptive order
covers Select Sector SPDRs(R), State Street's ETF offering that
divide the Standard & Poor's 500 Index(R) into nine sector
index funds and streetTRACKS(R), a collection of ETFs that track a
variety of market cap, style, international and sector/industry
indexes. The SPDR(R) Trust and DIAMONDS(R) Trust were granted
similar relief in a 2004 SEC order. "This relief will allow mutual
funds greater flexibility to invest in State Street managed ETFs to
achieve their portfolio management goals," said James Ross, senior
managing director of State Street. "Previously, they were
restricted by the 40 Act stipulation in the amount they could
invest, and we are pleased that this obstacle has been removed."
The SEC order includes specific terms and conditions under which an
investment company may invest in an ETF in excess of the Investment
Company Act's limits. For example, it must enter into an agreement
with the ETF, refrain from exercising undue influence over the ETF,
and comply with the investment company's own investment
restrictions and policies. State Street, in partnership with the
American Stock Exchange, introduced the first and now largest
ETF--the SPDR--in 1993. ETFs are investment companies that hold
portfolios of securities that generally track indexes such as the
S&P 500(R) or Dow Jones Industrial Average, but trade like
shares of stock. They are subject to investment risk and fluctuate
in market value. ETFs are designed to provide individual and
institutional investors with tax efficiency, relatively low costs,
buying and selling flexibility, all-day tracking and trading, and
diversification. Institutional investors use ETFs to accomplish a
variety of investment strategies, such as equitizing cash, managing
cash flows, allocating assets between equity and fixed-income
investments, diversifying country and sector exposure, and using
hedging techniques. A global leader in the exchange-traded market,
State Street has more than $110 billion in ETF assets under
management worldwide (at October 31, 2006), with a market share of
nearly 21 percent.* It manages 66 ETFs worldwide. About State
Street Global Advisors State Street Global Advisors, the investment
management arm of State Street Corporation, delivers investment
strategies and integrated solutions to clients worldwide across
every asset class, investment approach and style. With $1.6
trillion in assets under management as of September 30, 2006, State
Street Global Advisors has investment centers in Boston, Hong Kong,
London, Milan, Montreal, Munich, Paris, Singapore, Sydney, Tokyo
and Zurich, and offices in 25 cities worldwide. For more
information, visit State Street Global Advisors at www.ssga.com. *
Source: SSgA Advisor Consulting Services as of October 31, 2006
ETFs trade like a stock and are subject to market risk.
streetTRACKS(R) are distributed by State Street Global Markets,
LLC, member NASD, SIPC. Before investing, consider the funds'
investment objectives, risks, charges and expenses. A prospectus,
which contains this and other important information about the fund
can be obtained by calling 866.787.2257. Read it carefully before
investing.
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