Understanding 12b-1 Funds: A Critical Guide for Investors

A comprehensive guide to understanding 12b-1 funds, including their fees, implications, and special considerations to help investors make informed decisions.

What Are 12b-1 Funds?

A 12b-1 fund is a mutual fund that charges its holders a specific type of fee known as a 12b-1 fee. This fee is allocated to cover distribution and marketing expenses and is usually paid as a commission to brokers who sell the fund. 12b-1 funds take a portion of the investment assets held to cover these expenses, which are included in the fund’s expense ratio and detailed in its prospectus. These fees are sometimes referred to as a “level load”.

Key Points to Know

  • Covering Costs: A 12b-1 fund includes a 12b-1 fee that is charged to cover the fund’s sales and distribution costs.
  • Fee Percentage: This fee is a percentage of the fund’s total market value, as opposed to funds charging a load or direct sales fee.
  • Expense Breakdown: 12b-1 fees include the cost of marketing and selling fund shares, paying brokers and other sellers, and advertising costs such as printing and mailing fund prospectuses.
  • Popularity Decline: The popularity of 12b-1 funds has declined in recent years due to the rise of exchange-traded funds (ETFs) and more low-cost mutual fund options.

Discovering the Mechanics of 12b-1 Funds

The term 12b-1 is driven from Rule 12b-1 of the Investment Company Act of 1940, which allows fund companies to act as distributors of their shares. This rule permits the use of a mutual fund’s assets to pay for distribution charges. These fees cover expenses like compensating brokers who sell the fund and paying advertising costs, including printing and distributing marketing materials. While the SEC does not currently set caps on the size of 12b-1 fees, FINRA regulations mandate that these fees, when used for marketing and distribution expenses, cannot exceed 0.75% of a fund’s average net assets annually.

Breaking Down 12b-1 Fees

Some 12b-1 plans also include shareholder service fees. These fees are paid to individuals or entities responsible for responding to investor inquiries and providing investment information. A fund can pay these fees without adopting a 12b-1 plan. If they are part of a 12b-1 plan, they will be listed in the fee table under that plan. Conversely, if paid outside the plan, they will appear in the “Other expenses” category. FINRA imposes a cap of 0.25% per year on shareholder service fees, irrespective of whether they’re part of a 12b-1 plan. Originally intended to bear advertising and marketing expenses, a very modest portion of this fee now goes towards these costs.

The Capped Percentage

0.75% is currently the highest amount of a fund’s net assets that investors can be charged under 12b-1 fees.

Important Considerations for Investors

Over the last several years, 12b-1 funds have plummeted in popularity. Due to an increase in exchange-traded fund (ETF) options and the proliferation of inexpensive mutual fund options, investors now have a variety of choices. Many experts view 12b-1 fees as a deadweight cost, and they advise investors to seek comparable funds that do not include such fees.

Related Terms: exchange-traded fund, FINRA, Investment Company Act, level load.

References

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--- primaryColor: 'rgb(121, 82, 179)' secondaryColor: '#DDDDDD' textColor: black shuffle_questions: true --- ## What is a 12B-1 Fund? - [ ] A fund that exclusively invests in bonds - [ ] A fund with no management fees - [x] A mutual fund that has an additional ongoing fee for marketing and distribution - [ ] A fund that is traded on an exchange like a stock ## What is the primary purpose of 12B-1 fees? - [ ] To cover accounting and legal fees - [x] To cover marketing and distribution expenses - [ ] To fund the research activities of the fund managers - [ ] To maintain a reserve for investor redemptions ## How is a 12B-1 fee typically structured? - [x] As an annual percentage of the fund's assets - [ ] As a flat fee paid at the time of investment - [ ] As a performance-based bonus - [ ] As a percentage of trading commissions ## 12B-1 fees are capped at what percentage per year according to SEC regulations? - [ ] 0.10% - [ ] 0.50% - [x] 1.00% - [ ] 2.00% ## Which type of mutual fund shares typically charges the highest 12B-1 fees? - [ ] Class A shares - [x] Class C shares - [ ] Class F shares - [ ] Class B shares ## What is one criticism often associated with 12B-1 fees? - [x] They may not always result in higher sales of fund shares - [ ] They are too transparent - [ ] They are only charged to long-term investors - [ ] They reduce the administrative workload of the fund ## Can any mutual fund impose a 12B-1 fee without disclosure? - [ ] Yes, if it's less than 0.25% per year - [ ] Yes, if the investors agree with the fee post-factum - [ ] Yes, but only during the fund's startup phase - [x] No, it must be disclosed in the fund’s prospectus ## Who typically receives the bulk of the 12B-1 fees? - [ ] The fund's portfolio managers - [x] Brokers and other sales professionals - [ ] The fund's compliance officers - [ ] Independent auditors ## How do investors often learn about the amount being charged through 12B-1 fees? - [ ] From the quarterly earnings report - [ ] During the yearly dividend - [x] By reading the fund’s prospectus or shareholder documents - [ ] Through an advisory group meeting ## Are ETFs (Exchange-Traded Funds) likely to charge 12B-1 fees? - [x] No, they usually do not have 12B-1 fees - [ ] Yes, but only if they are actively managed - [ ] Yes, but primarily in the first year of operation - [ ] Yes, if they are passively managed