US mutual funds cut expenses by shifting billions to trusts

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By Tim McLaughlin

BOSTON, March 4 (Reuters) - Mutual fund companies, including No. 2 Fidelity Investments, have slashed fees on their most popular funds by shifting billions of dollars into collective trusts not regulated by the U.S. Securities and Exchange Commission.

The growing shift to collective trusts could prove a weapon for actively managed mutual funds losing out to low cost passive investment products such as the exchange-traded funds offered by rivals such as Vanguard Group, the biggest mutual fund company. For investors, one drawback is less transparency about the risks and performances of their holdings.

"CITs are more opaque to the outside world because reporting requirements are not as stringent," said Michael Rawson, manager of research at Morningstar Inc.

Retirement plans sponsored by Delta Air Lines Inc cut fees by 23 percent last year when they shifted an estimated $1 billion in assets managed by Fidelity's Contrafund into a collective investment trust (CIT).

"The lower the expense of a fund, the less money taken out of overall earnings, which can translate into better returns for investors," Delta said in a letter to employees. The airline declined further comment.

The $107 billion Contrafund, a staple offering in 401(k) and other U.S. retirement plans, still manages the money, but the Delta assets are no longer regulated by the SEC. Instead, the primary regulator is the state banking commissioner of Massachusetts, where the Fidelity Management Trust Company is chartered.

As with other CITs, investors do not receive an SEC-required prospectus, a lengthy document that spells out investment objectives and risk. Ticker symbols and ratings from independent research firms such as Morningstar also are not generally available, according to analysts.

And the regulator for one CIT can differ from another, depending on where the trust is chartered, meaning they could be subject to different law. Invesco's is the Texas banking commission, for example, and BlackRock's is the Office of the Comptroller of the Currency, a bureau of the U.S. Treasury Department.

Assets in CITs are surging because they can have significantly lower overhead costs than the average mutual fund. CITs can only be offered to qualified retirement plans such as 401(k)s and analysts say their less stringent reporting requirements translate into lower operating expenses for fund companies. Meanwhile, there has been a rash of lawsuits in which employees accuse their employers of charging excessive fees in their 401(k) retirement plans.