Section 28 E

Section 28 procedural guide word kepro forms instructions.
Section 28 e. 0 comments add a comment. Section 28 ii e. Under section 28 e a money manager is protected from liability for a breach of fiduciary duty solely on the basis of having paid more than the lowest commission rate for brokerage and research services provided by a broker dealer when the manager determines in good faith that the amount of the commission is reasonable in relation to the value of the services.
Section 28 e provides a safe harbor for any fiduciary that pays up from its fully negotiated commission rate to receive qualifying research or brokerage services from its broker s. This section provides a safe harbor to money managers who use the commission dollars of their advised accounts to obtain research and brokerage services. Section 28 e exchange broker and dealer commissions.
The securities and exchange commission is responsible for interpreting and enforcing section 28 e. E as used in this section a victim is a person who suffers direct or threatened physical psychological or financial harm as a result of the commission or attempted commission of a crime or delinquent act. Section 28 e of the security and exchange act of 1934 permits certain fund management expenses to be covered under a safe harbor provision.
Brokerage and research services 1 no person using the mails or any means or instrumentality of interstate commerce in the exercise of investment discretion with respect to an account shall be deemed to have acted unlawfully or to have breached a fiduciary duty under state or federal law unless expressly provided to the contrary by a. With effect from 1 4 2018 ay 2019 20 a new sub clause e has been added to section 28 ii to bring into tax net gains receipts in the nature of compensation arising out of termination modification of a contract related to business of the assessee. Section 28 e exchange broker and dealer commissions.
Summary we are publishing interpretive guidance on the application of section 28 e of the securities exchange act of 1934 exchange act.