A indústria de fundos de investimento: o poder regulamentar como garantia ao investidor e a responsabilidade civil do administrador de fundos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The Investment Fund Industry, concisely and objectively examines investment funds regulated by Comissão de Valores Mobiliários, pointing out the key management, portfolio management, and corporate governance aspects of this activity so important to the National Financial System, in parallel with the indispensable protection given to small investors and managerial responsibility. In their apparent simplicity, investment funds are the most complex phenomena in the securities markets, due to the fact that they participate in all of them, often in a hybrid manner, inasmuch as they put together a number of risk assets with different compensations, with a view to diluting risks and to obtaining a degree of added value, always seeking effects of scale in order to better compensate investments by its quota-holders, by ensuring access to certain markets and assets, which would not be possible for common investors who are not in possession of the indispensable expertise and professionalism. Hence, these funds portfolio managers provide access by common investors, in proportion to their share, to conditions and markets to which they would never have access. This analysis is not intended to view the economic issue, but rather the dogmatic issue. In fact, investors protection systems, fund portfolio composition, risk sharing, among other relevant aspects, are already in conformity with a previous structure duly put in place by the regulating body. And success by investment funds is a result of a combination of a number of factors; in addition to those mentioned above, they are intended to encourage savings by means of a continuous appeal to new investors and through the diversification of means of investing. In this respect it examines the technical and factual vulnerability of common investors, who assume all kinds of risks and any likely losses brought about resulting from market fluctuations, the investor protection rules, as well as the responsibility by fund managers and portfolio managers. It covers the investment fund types and ratings in Brazil, highlighting the key aspects with regard to organization and registration of funds, segregation of assets, their prospectus and regulations, portfolio composition and investment policy, quota pricing, liquidity, quota-holders meetings, taxation of profits, controls and reports. Finally, it points out the joint responsibility of investment fund managers and portfolio managers for any likely losses caused to investors owing to conduct contrary to the law, to regulations and to normative rulings, owing to actions or omissions, and from an eminently legal viewpoint, without forgetting to bring to light the serious crisis which adversely affected investment funds in the year 2002, in connection with the mark to market episode. The Investment Fund Industry aims at the objective of contributing to the development of this important national savings funding instrument, arguing in favor of an indispensable partnership between fund managers, regulating bodies, and class associations, so that together they may search for innovations and diversifications brought about by the very nature of the financial market, without ever losing sight of the preservation of investors interests and rights

ASSUNTO(S)

direito investment fund industry indústria de fundos de investimento

ACESSO AO ARTIGO

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