ESG Investing: Pros, Cons, and How to Comply (2024)

ESG investing is a type of investing that considers environmental, social, and governance (ESG) factors when making investment decisions. ESG factors include, amongst others, things like a company's carbon emissions, labor practices, and board diversity. For several years now, investors have been seeking investments that align with their morals and values - and ESG investments began with the intent to do just that. Unfortunately, the investment industry set out to create niche products that were not truly incorporating these aspects into portfolio creation. Fund managers set out to do what is common to them - provide investors with solutions that generate revenue (for the managers) and provide returns (for their investors). Because of this, regulators have stepped in not only to provide guidance and direction, but also to monitor fund managers to ensure they are complying with the requirements in labeling an investment as an ESG investment.

There are many pros to ESG investing. First, it can help investors align their investments with their values. For example, investors who are concerned about climate change may choose to invest in companies that are working to reduce their carbon footprint. Second, ESG investing can help investors manage risk. By considering not only financial performance, but also ESG factors, investors can identify potential risks that may not be apparent from financial data alone; for example, the risk of a factory being located on a site which may be increasingly susceptible to flooding. Third, ESG investing has proven to have a positive impact on the environment and society. For example, a study by the Global Impact Investing Network found that impact investments outperformed traditional investments by 3.2% per year over a 10-year period.

However, there are also some cons to ESG investing. First, ESG funds may carry higher-than-average expense ratios. This is because ESG investing requires more research and due diligence, which can be costly. Second, ESG investing can be subjective. There is no one definition of what constitutes an ESG investment, and different investors may have different criteria. This can make it difficult for investors to compare ESG funds and ensure that they are investing in a fund that is truly aligned with their values. Lastly, there is the risk of greenwashing, which is when a company or fund makes false or misleading claims about its ESG credentials.

Here are some specific ESG factors that investors may want to monitor:

• Environmental factors: a company's carbon emissions, water usage, and waste disposal practices
• Social factors: a company's labor practices, human rights record, and commitment to diversity and inclusion
• Governance factors:a company's board composition, executive compensation and incentive structure, and internal controls

Investors can monitor ESG factors by using a variety of methods and resources, including:

• Self-reporting:Companies are often required to self-report their ESG performance to regulators. This can be done through a variety of methods, such as filing a report, completing a questionnaire, or participating in an audit.

• Third-party verification:Regulators may also require companies to have their ESG performance verified by a third party. This can be done by an independent auditor, a ratings agency, or another organization that specializes in ESG compliance.
• ESG data providers:There are several ESG data providers that collect and aggregate ESG data from companies. This data can be used by regulators to monitor ESG compliance and to identify companies that are not meeting the requirements.
• ESG ratings:ESG ratings are a way to assess a company's ESG performance. These ratings are often used by investors and other stakeholders to make decisions about where to invest their money.

The specific method used to monitor and evidence ESG regulatory requirements will vary depending on the jurisdiction and the specific requirements. However, the methods described above are some of the most common approaches.

Of course, monitoring a new type of investing comes with its challenges, including:

• Lack of standardization:There is no single, universally accepted definition of ESG. This can make it difficult to compare companies' ESG performance and to assess their compliance with regulatory requirements.
• Data availability:ESG data can be difficult to obtain and expensive to collect. This can make it difficult for companies to comply with ESG regulatory requirements.
• Greenwashing:There is a risk of greenwashing, which can make it difficult for investors and other stakeholders to know which companies are in fact committed to ESG.

On top of these challenges, regulators have shown that they are not afraid to impose massive fines against firms who improperly categorizing themselves as ESG:

• Goldman Sachs: In 2022, Goldman was fined $4 million by the SEC for misleading investors about the ESG credentials of its funds.
• BNY Mellon: In 2022, BNY Mellon was fined $1.5 million by the US Securities and Exchange Commission for misstatements and omissions related to ESG.
• Deutsche Bank: In 2023, Deutsche is expecting to pay a fine of $30 million by the SEC for violations to mismanagement of ESG funds.

These fines are a reminder that ESG investing is a complex and evolving field. Investors should be careful to do their research and to choose ESG funds that are truly aligned with their values.

Despite these challenges, ESG is becoming increasingly important to investors, regulators, and other stakeholders. As a result, we can expect to see more innovative methods developed to monitor and evidence ESG regulatory requirements in the future.

In the meantime, firms should consider providers or solutions that will help in vetting through the requirements. As these requirements continue to evolve, the use of proper data points and accurate analytics will help in mitigating issues with regulators. Firms should also continue to have forward thinking in the monitoring of these items. As we continue to see the development and usage of AI, I envision working through these issues much more quickly and efficiently in the future.