SEC fines BNY Mellon over false ESG statements

27 May 2022

Alex Whitebrook

The Securities and Exchange Commission (SEC) charged BNY Mellon Investment Advisor, Inc. for misstatements and omissions about ESG considerations in undertaking investment decisions for mutual funds they oversee.
EU regulation

SEC fines BNY Mellon over false ESG statements

May 27, 2022

On May 23rd, 2022, The Securities and Exchange Commission (SEC) charged BNY Mellon Investment Advisor, Inc. for misstatements and omissions about ESG considerations in undertaking investment decisions for mutual funds they oversee. BNY Mellon has agreed to settle the charges with the regulator, paying a $1.5 million penalty.

According to the SEC, between July 2018 to September 2018, BNY Mellon claimed that all investments in its funds had undergone an ESG quality review. However, the regulator found that several investments held by the funds did not have an ESG quality review score at the time of investment.

The SEC launched the Climate and ESG Task Force within the Division of Enforcement in March 2021, to analyse disclosure and compliance issues relating to investment advisers and funds ESG strategies.

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."

He went on to state that BNY Mellon investment did not always perform the ESG quality review it disclosed as part of its investment selection process for certain mutual funds it advised.

As ESG considerations grow, the Commission aims to hold investment advisors accountable for failure to describe their incorporation of ESG factors.

Commenting on this case and on the Task Force, Adam S. Aderton, Co-Chief of the SEC Enforcement Division' Asset Management Unit and a member of the Task Force stated, "The Commission will hold investment advisers accountable when they do not accurately describe their incorporation of ESG factors into their investment selection process."

On May 25th 2022, the SEC rolled out new ESG guidelines that require firms to disclose greater detail on their investment strategies and call for funds and advisors to report "census-type data", outlining such information in a more structured format.

Minerva identifies greenwashing as a genuine concern of ESG investors. Watch our introductory briefing on greenwashing for more information.

Latest News

SHareholder meeting

Minerva Proxy Update: Shareholder voting signals continued executive pay, board accountability focus

SHareholder meeting

US SEC moves to rescind Rule 14a-8, risks damaging shareholder proposal process

SHareholder meeting

AI-related risks outstripping company governance practices, Railpen report cautions

SHareholder meeting

ASX governance reform: simplification must preserve decision-useful disclosure

SHareholder meeting

Accountability versus allocation: Who is corporate reporting for?

SHareholder meeting

SFDR Review Moves Forward, But Key Questions Remain for Investors

Featured Briefings

Minerva Briefing

Global IPOs: Growth, governance and risk

Minerva Briefing

Shareholder Proposal Voting Trends 2026 H1

Minerva Briefing

Virtual-Only AGMs

Minerva is a global provider of sustainable stewardship solutions with over 30 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data and expert insights, enabling them to navigate the intricate and ever-evolving landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Related Stories

US SEC moves to rescind Rule 14a-8

US SEC moves to rescind Rule 14a-8, risks damaging shareholder proposal process

September 17, 2026
Read More
FRC

FRC’s new regulatory approach signals a shift from rule-making to market stewardship

September 4, 2026
Read More
Shein lists in Hong Kong at reduced valuation after protracted IPO journey

Shein lists in Hong Kong at reduced valuation after protracted IPO journey

September 2, 2026
Read More
Democratic attorneys general defend credit ratings agencies against anti-ESG pressure

Democratic attorneys general defend credit ratings agencies against anti-ESG pressure

August 28, 2026
Read More
SEC axes Rule 14a-8 ‘no action’ process for shareholder proposals

SEC axes Rule 14a-8 ‘no action’ process for shareholder proposals

August 20, 2026
Read More
Investors urge SEC to reject Texas Stock Exchange voting rule

Investors urge SEC to reject Texas Stock Exchange voting rule

August 20, 2026
Read More