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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.
Form N-1A is a registration statement used by investment companies to create new open-end mutual funds. A company must file this form with the Securities and Exchange Commission's EDGAR filing system. Companies file an N-1A under the Investment Company Act of 1940 if they wish to register shares of the
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]
A major type of company not covered under the Investment Company Act 1940 is private investment companies, which are simply private companies that make investments in stocks or bonds, but are limited to under 250 investors and are not regulated by the SEC. [4] These funds are often composed of very wealthy investors.
It is cited as 17 C.F.R. Part 210; the name of the part is "Form and Content of and Requirements for Financial Statements, Securities Act of 1933, Securities Exchange Act of 1934, Public Utility Holding Company Act of 1935, Investment Company Act of 1940, Investment Advisers Act of 1940, and Energy Policy and Conservation Act of 1975".
The Investment Advisers Act of 1940, codified at 15 U.S.C. § 80b-1 through 15 U.S.C. § 80b-21, is a United States federal law that was created to monitor and regulate the activities of investment advisers (also spelled "advisors") as defined by the law.
One of these, the Investment Company Act of 1940, clearly defined the responsibilities of investment companies. [2] This same year, what would become ICI was established in New York as the National Committee of Investment Companies, an organization to aid in the administration of the act. [3]
An IA must adhere to a fiduciary standard of care laid out in the US Investment Advisers Act of 1940.This standard requires IAs to act and serve a client's best interests with the intent to eliminate, or at least to expose, all potential conflicts of interest which might incline an investment adviser—consciously or unconsciously—to render advice which was not in the best interest of the IA ...