The Mercury News

More on mutual fund share classes and 12b-1 fees

- Julie Jason Columnist

A few weeks ago, we talked about a U.S. Securities and Exchange Commission’s Division of Enforcemen­t initiative that required financial firms to make payments to certain customers who purchased mutual funds with 12b-1 fees. The problem the SEC was addressing was not the 12b-1 fees themselves, which go to paying for distributi­on and shareholde­r services. Rather, the issue had to do with conflicts of interest with mutual fund share classes.

Quoting the SEC: The 12b-1 fees “were routinely paid to the investment advisers in their capacity as brokers, to their broker-dealer affiliates, or to their personnel who were also registered representa­tives, creating a conflict of interest with their clients, as the investment advisers stood to benefit from the clients’ paying higher fees.”

In that column, I gave a mutual fund example with two share classes: “One class has operating expenses of, say, 1.5%, the bulk of which is a 12b-1 fee of 1%. … A lower-cost share class may have operating expenses of, say, ½ of 1%, with no 12b-1 fee.”

The reason for my going back to this subject is a question from a San Jose, Calif., reader who challenged my 1% 12b-1 example as being too high.

There are thousands of funds with 12b-1 fees of 1%, and thousands more with 12b-1 fees of 0.25% — it’s all about share classes.

Here is the specific example of a fund with seven share classes (some of the lower-cost shares are only available to institutio­ns or retirement plans):

1. Class C has a 1.5% expense ratio, 12b-1 fees of 1%, which are imbedded in the expense ratio, and a 1% deferred charge (maximum). A deferred charge is a “back-end load” that applies when you sell shares before a certain period expires.

2. Class B has a 1.5% expense ratio, which includes 12b-1 fees of 1% and a 5% deferred charge (maximum). (This fund’s B Shares are closed to new investors.)

3. Class A has a 0.75% expense ratio, which includes 12b-1 fees of 0.25% and a 4% front load (maximum). (No deferred charge.) A front load is the initial sales charge, a one-time deduction from your investment in the fund. In this case, the maximum is charged for purchases of up to $100,000 invested. Between $100,000 and $250,000, the sales charge is 3.25%. Between $250,000 and $500,000, the front load is 2.5%, and at $500,000 and above, there is no sales load.

4. Class M has a 0.99% expense ratio, which includes 12b-1 fees of 0.49% and a 3.25% front load (maximum). (No deferred charge.)

5. Class R has a 1.0% expense ratio, which includes 12b-1 fees of 0.5%. (No deferred charge and no front load.)

6. Class R6 has a 0.37% expense ratio. (No deferred charge and no front load.)

7. Class Y has a 0.5% expense ratio. (No deferred charge and no front load.) (In the fund’s prospectus supplement, you’ll find front load waivers for customers of certain “intermedia­ries.”)

There are over 3,000 mutual funds that have 12b-1 fees of 1%, according to a mutual fund database called Steele Mutual Fund Expert. (There are over 28,000 funds in the Steele database, excluding money market funds. Over 12,000 have 12b-1 fees and over 16,000 do not.)

Those funds’ expense ratios (which include the 1% 12b-1 fee) range from a high of 8.95% per year to a low of 1.06% for a fund that also charges a deferred charge of 5%. A few funds in that list of over 3,000 also charge a front load. For example, one fund has an expense ratio of 1.97%, which includes the 1% 12b-1 fee plus a front load of 5.75% (maximum).

At the other extreme are about 5,400 funds whose 12b-1 fees are 0.25% per year.

The highest expense ratio is

10.52%. The second highest is 7.51%. That fund also has a front load maximum of 5.75%. Three thousand have front loads.

There are over 3,000 funds with no 12b-1 fees, according to Steele. You might think that those funds have low operating expenses. That’s not necessaril­y so. For example, one fund has zero 12b-1 fees and an expense ratio of 4.41%; another has an expense ratio of 3.76%. A few funds have expense ratios of zero. Which share class would you choose if you were investing on your own? Which share class would your financial adviser choose for you?

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