Settlement Update:
Effective March 15, 2010, the distribution of the Franklin Advisers Fair Fund settlement has concluded and the Fund Administrator will no longer issue any further payments or provide service for settlement inquiries.
If you have a tax related question, you can reference the “Statement to Eligible Investors” that was issued by the Tax Administrator. A copy of the Statement to Eligible Investors can be found on the “Tax Information” page through April 2011. As always, you should consult your financial advisor or tax professional to determine the potential tax consequences and appropriate tax treatment for your situation.
Thank you.
Settlement Summary
On August 2, 2004, the SEC instituted administrative proceedings against Franklin
Advisers, Inc. (the "Order"). Pursuant to the Order, and as part of the related settlement
of that proceeding, Franklin was required to pay $30 million in disgorgement and a $20
million civil penalty, for a total of $50 million (the "Fair Fund"). The allegations in the
Order involved excessive market timing activity in several of the Franklin
Templeton ("FT") mutual funds.
The Order also provided for the appointment of an Independent Distribution
Consultant ("IDC") who was required to develop a plan (henceforth referred to as the
"Distribution Plan") to distribute the Fair Fund to the eligible shareholders of the
FT mutual funds fairly and proportionately, according to a methodology developed in
consultation with Franklin and the independent trustees and directors of the
affected FT funds and acceptable to the staff of the SEC.
To achieve the objective of "fairly and proportionately" allocating the Fair Fund,
the IDC adopted the following principles to guide development of this Distribution
Plan:
| Principle 1: |
The fairest way to apportion the Fair Fund among the affected FT mutual funds
is on the basis of the relative theoretical adverse economic impact that market
timing trading activity could have caused to each affected FT mutual fund. |
| Principle 2: |
The fairest way to apportion the Fair Fund among the affected Shareholders is
on the basis of each affected Shareholder's relative holding of an affected FT
mutual fund during the period in which market timing trading occurred in the FT
mutual fund. |
| Principle 3: |
The fairest way to apportion the Fair Fund is on the basis of data analyzed
using objective criteria. |
| Principle 4: |
Development and implementation of this Distribution Plan should proceed
without unnecessary economic waste. Accordingly, the IDC imposed the standard of
commercial reasonableness whenever possible to comply with the Order, the SEC's
Fair Fund Rules, and other applicable requirements. |
The Distribution Plan's methodology identifies 20 FT mutual funds (the "Affected Funds")
whose shareholders may be eligible to participate in the distribution according to the
terms of the Distribution Plan if they held their shares within the time period that the
market timing activity occurred (the "Eligible Period"). The 20 Affected Funds are the
Class A shares of:
| Fund Name |
Settlement Date Range |
| Franklin CA Growth Fund |
07/30/98 - 09/12/00 |
| Franklin California Tax-Free Income Fund |
02/13/97 - 12/15/00 |
| Franklin Convertible Securities Fund |
09/07/00 - 09/07/00 |
| Franklin Federal Tax-Free Income Fund |
12/31/96 - 12/01/00 |
| Franklin Gold and Precious Metals Fund |
04/04/00 - 09/11/00 |
| Franklin Growth and Income Fund |
04/03/00 - 09/11/00 |
| Franklin Growth Fund |
04/10/00 - 08/16/00 |
| Franklin Insured Tax-Free Income Fund |
04/04/00 - 09/15/00 |
| Franklin New York Tax-Free Income Fund |
04/11/00 - 08/22/00 |
| Franklin Real Estate Securities Fund |
05/16/00 - 09/13/00 |
| Franklin Small Cap Growth Fund |
04/03/00 - 10/18/01 |
| Mutual Discovery Fund |
04/03/00 - 09/06/00 |
| Mutual European Fund |
04/03/00 - 08/31/00 |
| Templeton Developing Markets Trust |
04/03/00 - 09/14/00 |
| Templeton Foreign Fund |
04/03/00 - 09/11/00 |
| Templeton Foreign Smaller Companies Fund |
05/11/00 - 09/11/00 |
| Templeton Global Opportunities Trust |
04/03/00 - 09/14/00 |
| Templeton Global Smaller Companies Fund |
04/03/00 - 09/11/00 |
| Templeton Growth Fund |
04/03/00 - 09/14/00 |
| Templeton World Fund |
04/03/00 - 09/14/00 |
The IDC hired Boston Financial Data Services ("Boston Financial") as the Fund Administrator
of the Distribution Plan. As Fund Administrator, Boston Financial's responsibilities
include issuing the distribution checks to eligible shareholders, operating a specialized
call center to answer questions related to the settlement, and assisting the IDC with
periodic accountings of the distribution as outlined in the Distribution Plan.
If you have any questions regarding the Franklin settlement or the Distribution Plan,
please refer to the Frequently Asked Questions section of this website for additional
information, or refer to the Contact Information section of this website for details on
how to contact the Fund Administrator.