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There can be disagreement as to what the "fair value" of a private security is precisely because it does not trade and in many cases could be one of a kind. That's not fraud, but let's just say the pricing can tend to favor the managers of the funds when there is a debate between what they see as the intrinsic value of a private security is versus what the market says publicly traded securities with very similar credit qualities, businesses and risks are worth.Stale pricing can create problems for investors. For example, funds are incented to engage in “return smoothing” by selective use of valuations
Employee Benefit Plan Review, October 2022, Volume 76, Number 8, pages 16-19. CCH Incorporated.Fidelity isn’t the first company to give 401(k) participants access to cryptocurrency assets. Another industry provider, ForUsAll Inc., has linked workers with cryptocurrency exchanges through brokerage windows for several years. Fidelity takes a different approach with its Digital Asset Accounts product, which doesn’t rely on outside exchanges or brokerage windows.
One way of addressing this is to set limits. As stated in the OP, Fidelity sets a 20% limit. So the 20% Bitcoin decline in value lamented in the senators' letter would have resulted in a 4% or less decline in a participant's plan value. Significant but not catastrophic. And ForUSAll sets an even tighter limit, just 5%.DOL provides a clear and definite warning to plan fiduciaries:While the focus of this guidance is on 401(k) plans, the DOL’s warnings also extend to plans and plan fiduciaries responsible for allowing cryptocurrency investments through self-directed brokerage windows.The plan fiduciaries responsible for overseeing such investment options or allowing such investments through brokerage windows should expect to be questioned about how they can square their actions with their duties of prudence and loyalty in light of the risks described above.
https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/dol-guidance-could-crimp-401k-brokerage-windows.aspx (Limit 3 free articles per month)Update: A Partisan Divide
The Department of Labor's cryptocurrency guidance has provoked contrasting responses on Capital [sic] Hill.
On May 5, Sen. Tommy Tuberville, R-Ala. introduced legislation that would prohibit the DOL from limiting the kinds of products workplace retirement savers can invest in through self-directed brokerage accounts.
A day earlier, Sen. Elizabeth Warren, D-Mass., criticized Fidelity Investments for its decision to launch a new 401(k) cryptocurrency product, in a May 4 letter to Fidelity CEO Abigail Johnson.
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