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The Investment Company Act of 1940 (commonly referred to as the '40 Act) is an act of Congress which regulates investment funds. It was passed as a United States Public Law ( Pub. L. 76–768 ) on August 22, 1940, and is codified at 15 U.S.C. §§ 80a-1 – 80a-64 .
Created by Section 4 of the Securities Exchange Act of 1934 (now codified as 15 U.S.C. § 78d and commonly referred to as the Exchange Act or the 1934 Act), the SEC enforces the Securities Act of 1933, the Trust Indenture Act of 1939, the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Sarbanes–Oxley Act of 2002 ...
Investment management firms, that are regulated by the Investment Company Act of 1940, the Investment Advisers Act of 1940 and ERISA 1974, will almost always take shareholder voting rights. By contrast, larger and collective pension funds, many still defined benefit schemes such as CalPERS or TIAA , organize to take voting in house, or to ...
The majority of the Court of Appeals ruled against the plaintiffs citing a lack of judicial authority to regulate investment company fees. Easterbrook, reading for the majority, argued that the free market was the best regulator of the fees. Easterbrook rejected the argument, saying the government was in no place to make such an assessment.
Alfred Jaretzki Jr. (1892–1976) was an American lawyer and an expert on investment companies. Jaretzki helped draft the Investment Company Act of 1940 passed by the United States Congress. He later authored an article in a 1941 issue of Washington University Law Quarterly that details the elements of the law and reasons for its passage. [1]
The Securities Act of 1933 regulates the distribution of securities to public investors by creating registration and liability provisions to protect investors. With only a few exemptions, every security offering is required to be registered with the SEC by filing a registration statement that includes issuer history, business competition and material risks, litigation information, previous ...
In a court order Wednesday, U.S. District Judge Stephen R. Bough said the Missouri rule was preempted by federal laws governing investment brokers and was unconstitutionally vague.
Investment companies, mainly mutual funds, with any interstate presence and above a certain size, must register with the SEC under The Investment Company Act of 1940. Investment companies are considered to be an industry with special reporting requirements, outlined in Rules 6-01 to 6-10. See also other sections such as Article 12 which ...