BNY Mellon Investment Adviser has been fined $1.5m (£1.2m, €1.4m) by the US regulator for “mis-statements and omissions” regarding ESG investment processes in a number of funds.
The Securities and Exchange Commission (SEC) found, from July 2018 to September 2021, the firm said all the investments in the funds had undergone an ESG quality review, but this was not always the case. The SEC discovered “numerous investments held by certain funds did not have an ESG quality review score as of the time of investment”.
It is the first legal settlement related to funds’ ESG descriptions.
Without admitting or denying the SEC’s findings, BNY Mellon Investment Adviser agreed to a cease-and-desist order to pay the $1.5m penalty for violating Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rules 206(4)-7 and 206(4)-8, and Section 34(b) of the Investment Company Act.
Warning
Sanjay Wadhwa, deputy director of the SEC’s division of enforcement and head of its climate and ESG task force, said: “Registered investment advisers and funds are increasingly offering and evaluating investments that employ ESG strategies or incorporate certain ESG criteria, in part to meet investor demand for such strategies and investments.
“Here, our order finds that BNY Mellon Investment Adviser did not always perform the ESG quality review that it disclosed using as part of its investment selection process for certain mutual funds it advised.”
Adam Aderton, co-chief of the SEC enforcement division’s asset management unit and a member of the taskforce, issued this warning: “Investors are increasingly focused on ESG considerations when making investment decisions.
“As this action illustrates, the commission will hold investment advisers accountable when they do not accurately describe their incorporation of ESG factors into their investment selection process.”
ESG Clarity has contacted BNY Mellon for comment.
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