Get 40% Off
🚨 Volatile Markets? Find Hidden Gems for Serious Outperformance
Find Stocks Now

SEC Fines Van Eck $1.75 Million for Failure to Disclose Social Media Influencer’s Role in ETF Launch

Published 17/02/2024, 09:55
SEC Fines Van Eck $1.75 Million for Failure to Disclose Social Media Influencer’s Role in ETF Launch

Coin Edition -

  • SEC fines Van Eck $1.75 million for failing to disclose influencer’s role in ETF launch.
  • Van Eck omitted details about the influencer’s role and the fee structure from the ETF’s board during the approval process
  • The firm agreed to a cease-and-desist order, a censure, and a monetary penalty.

The U.S. Securities and Exchange Commission (SEC) has levied a $1.75 million civil penalty against registered investment adviser Van Eck Associates Corporation. The penalty settles charges that Van Eck failed to disclose a social media influencer’s involvement in the launch of its new exchange-traded fund (ETF).

The SEC’s order reveals that in March 2021, Van Eck Associates introduced the VanEck Social Sentiment ETF. The service was designed to monitor an index based on “positive insights” from social media and other data sources.

However, the company failed to disclose the intended participation of a well-known and controversial social media influencer in promoting the index alongside the ETF launch.

According to the SEC, the index provider had planned to engage the influencer to boost the index’s visibility. The firm tied the influencer’s compensation to a sliding scale linked to the fund’s size. This meant that as the ETF grew, the index provider would receive a more significant percentage of the management fee paid to Van Eck Associates.

Crucially, Van Eck Associates omitted these details about the influencer’s involvement and the fee structure from the ETF’s board during the approval process for the fund launch and the management fee.

Andrew Dean, Co-Chief of the Enforcement Division’s Asset Management Unit, stressed the importance of accurate disclosures, particularly in matters impacting the advisory contract. He noted that Van Eck Associates’ lapse limited the board’s ability to fully assess the situation during a critical evaluation for advisory contracts.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

Notably, Van Eck Associates has consented to the SEC’s order. They acknowledged violating the Investment Company Act and Investment Advisers Act. As a result, the company agreed to a cease-and-desist order, a censure, and a monetary penalty.

The post SEC Fines Van Eck $1.75 Million for Failure to Disclose Social Media Influencer’s Role in ETF Launch appeared first on Coin Edition.

Read more on Coin Edition

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.