50 Ill. Adm. Code 4430.20
Required Disclosures
Section 4430
Section 4430.20 Required
Disclosures
No pension fund shall engage an
investment advisor, registered broker-dealer, bank, insurer or any other person
for the purpose of providing investment services unless the following written
disclosure requirements are met:
a) A description, expressed as a set amount or range in dollars
or as a percentage of the dollar value of a particular transaction or
transactions, of any and all commissions, fees, penalties, or any other items
of compensation related to a particular transaction that may be received by any
such person from the pension fund. The written description must be furnished
by any such person effectuating any transaction with a pension fund, and the
written description need not be furnished with respect to each subsequent
transaction to which the description applies.
b) If the investment service contemplated is one which might
result in the pension fund acquiring an asset from any inventory held by an
investment advisor, registered broker-dealer, bank, insurer, or other person,
the written engagement or contract must also include a statement disclosing:
1) The possibility that the investment advisor, registered
broker-dealer, bank or insurer may obtain a financial benefit from such sale
beyond the items listed under subsection (a) above; and
2) That the realization and extent of any such benefit is
dependent upon market valuations as of the date the inventoried asset was
acquired as compared to the price at which the pension fund acquires the asset;
and
3) That the pension fund should take steps to familiarize itself
with the market in which any such acquisitions or investments are to be made.