SEC Adopts Rule Requiring ESG-Labelled Funds to Invest 80% in Alignment with Theme - ESG Today (2024)

SEC Adopts Rule Requiring ESG-Labelled Funds to Invest 80% in Alignment with Theme - ESG Today (1)

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SEC Adopts Rule Requiring ESG-Labelled Funds to Invest 80% in Alignment with Theme - ESG Today (2)Mark Segal

The U.S. Securities and Exchange Commission (SEC) announced the adoption of new rules that will require funds with names that suggest an investment focus on ESG or sustainability-related factors to invest at least 80% of the value of assets in accordance with those factors.

The SEC action consists of an amendment of the Commission’s “Names Rule,” first adopted in 2001, as a measure to prevent fund names from misrepresenting their inherent investments and risks, which included a requirement for investment companies with names that suggest a focus on a certain type of investment to adopt a policy to invest at least 80% of the value of their assets in those investments.

The adopted amendments expand the 80% rule to apply to funds with names that suggest a focus on investments with particular characteristics. While not applying only to ESG funds – funds labelled as “growth” or “value” would also be included, for example – the ruling focused heavily on ESG funds, noting the rapid increase in investor interest in funds that offer ESG strategies and the proliferation of such funds, as well as the growing potential for greenwashing due to the wide range of ESG-related terms and evolving investor expectations.

The final rule noted that use ESG-related terms such as “sustainable” or “green” present “particular investor protection concerns,” as “funds that consider ESG factors in their investment strategies comprise a thematic area that entails unique considerations, and that involves the use of terminology that may be especially powerful in fund names to attract investors.”

SEC Chair Gary Gensler said:

“Today’s final rules will help ensure that a fund’s portfolio aligns with a fund’s name. Such truth in advertising promotes fund integrity on behalf of fund investors.”

The final rule did not include action in an initial proposal that would have defined the use of ESG terms in the names of “ESG integration funds” as “materially deceptive and misleading.” ESG integrations funds consider ESG factors alongside other non-ESG factors in investment decisions, although the ESG factors are not more significant than the other factors. In a statement announcing the new rule, Gensler said that this aspect of the proposal is still under consideration.

SEC Adopts Rule Requiring ESG-Labelled Funds to Invest 80% in Alignment with Theme - ESG Today (3)

Mark founded ESG Today following a 20 year career in investment management and research. Prior to founding ESG Today, Mark worked at Delaney Capital Management (DCM) in Toronto, Canada, most recently as the firm’s head of U.S. equities. While at DCM, Mark was part of the firm’s ESG team, responsible for evaluating and tracking the sustainability factors impacting portfolio companies, and assessing the suitability of companies for portfolio inclusion. Mark also spent several years in the sell-side research industry, covering the technology and services sectors. Mark holds an MBA from Columbia University in New York, a BBA from the Schulich School of Business at York University in Toronto, and is a CFA charterholder.

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SEC Adopts Rule Requiring ESG-Labelled Funds to Invest 80% in Alignment with Theme - ESG Today (2024)

FAQs

SEC Adopts Rule Requiring ESG-Labelled Funds to Invest 80% in Alignment with Theme - ESG Today? ›

The U.S. Securities and Exchange Commission (SEC) announced the adoption of new rules that will require funds with names that suggest an investment focus on ESG or sustainability-related factors to invest at least 80% of the value of assets in accordance with those factors.

What is the 80% rule for ESG SEC? ›

This rule extends the 1940 Names Rule to include ESG labeling. It mandates that any fund that includes a specific type of investment in its name, such as ESG, must allocate at least 80% of the fund's value accordingly.

What is the SEC proposed ESG rule? ›

What the SEC climate disclosure rule means for businesses. The SEC first issued a proposed ESG disclosures rule in March 2022 that would require public companies to disclose their greenhouse gas (GHG) emissions and other climate change risks.

What is the SEC ESG fund naming rule? ›

Under these proposals, if a fund has any ESG-related words in its name, a minimum of 80% of its investments should be used to meet the fund's environmental or social characteristics or sustainable investment objectives in accordance with the binding elements of the investment strategy as disclosed in the pre- ...

Do 85% of investors consider ESG? ›

The survey, which canvassed opinions from 250 C-suite executives and 250 global investors, also revealed that 84% of executives see ESG as a key to a more robust corporate strategy. Additionally, 85% of investors believe that ESG investments lead to better financial returns and more resilient investment portfolios.

What is the 80 investment policy? ›

80 Percent Investment Policy Requirement: The Names Rule's existing 80 percent investment policy requirement requires funds whose names suggest a focus on particular investments, industries, or geographical regions to invest at least 80 percent of their fund assets in the type of investment, industry, or geographic ...

What was Biden's ESG rule? ›

Congress in March passed a Republican-backed resolution to repeal the rule but Biden, a Democrat, vetoed it. ESG involves factors that investors may take into account such as a company's climate- and environment-related policies, diversity practices and corporate governance issues such as executive compensation.

Is ESG required by SEC? ›

The SEC's climate disclosure rules are the latest to require expanded ESG reporting. On March 6, 2024, the SEC adopted new climate disclosure rules.

What states have banned ESG investing? ›

Similar anti-ESG bills were also passed in Alabama, Arkansas, Indiana, Kansas, Missouri, Montana, North Carolina, New Hampshire, Texas, and Utah.

Why does the SEC care about ESG? ›

The SEC is closely watching the rapid growth of ESG strategies and investments. The commission is concerned that market demand for ESG products has created a financial incentive for asset managers to identify products as ESG, even when the definition is not entirely fitting.

What is the SEC naming rule 80? ›

Under the current Names Rule, if a registered investment company's name suggests it has a focus in particular investment types, industries, or geographies, or that it has tax-exempt status, the fund must adopt a policy to invest at least 80 percent of the value of its assets consistent with its name.

What is the 80 names rule? ›

The Names Rule currently requires registered investment companies whose names suggest a focus in a particular type of investment to adopt a policy to invest at least 80 percent of the value of their assets in those investments (an “80 percent investment policy”).

What is the SEC fund labeling rule? ›

On September 20, 2023, the SEC amended the names rule to expand the types of names that could be considered materially deceptive or misleading if a fund does not adopt a policy to invest, under normal circ*mstances, at least 80% of the value of its assets in the investment focus that the name suggests.

Do investors actually care about ESG? ›

Investors increasingly believe companies that perform well on ESG are less risky, better positioned for the long term and better prepared for uncertainty. Companies that realign to the stakeholder capitalism agenda may have a competitive advantage over those that try to return to business as usual.

Do shareholders really care about ESG? ›

About 85 percent of the chief investment officers we surveyed state that ESG is an important factor in their investment decisions.

How do you tell if an investment is ESG or not? ›

How Do I Know Which Investments Are ESG? Several financial firms have ESG ratings and scoring systems. For instance, MSCI has a rating scheme covering over 8,500 companies, giving them scores and letter grades based on their compliance with ESG standards and initiatives.

What is the SEC climate disclosure rule 2024? ›

On March 6, 2024, nearly two years after its proposed rules were first released, the US Securities and Exchange Commission (the SEC or the Commission), in a 3-2 vote along party lines, approved final rules requiring companies to disclose certain climate-related information in registration statements and annual reports.

Is ESG reporting mandatory in the USA? ›

Is ESG reporting mandatory in the United States? There is currently no federal mandate for ESG (Environmental, Social, and Governance) reporting in the United States. However, there are various initiatives and regulations that require companies to disclose certain ESG information.

What are ESG reporting rules? ›

ESG reporting is all about disclosing information covering an organization's operations and risks in three areas: environmental stewardship, social responsibility, and corporate governance. Consumers look to ESG reports to figure out if their dollars are supporting a company whose values align with theirs.

What are the criteria for ESG compliance? ›

Common ESG compliance frameworks

This framework focuses on forest health and preservation, water security, and a carbon footprint of an organization. It asks companies for voluntary disclosure of data that isn't related to financials, such as company environmental performance and greenhouse gas emissions.

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