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15 U.S.C. § 80a–19Payments or distributions

submitted 86 years ago by ch. 686 to r/title-15-COMMERCE-AND-TRADE · 181 words · no verdicts yet

in plain englishAI-generated · not legal advice

A fund can only pay dividends from its accumulated net income, or from the current or prior year's net income — and if any part comes from another source, it must disclose that in writing. A fund also cannot pay out long-term capital gains more than once a year.

(a) Dividends; restriction; exception. It is unlawful for a registered investment company to pay a dividend, or make a distribution in the nature of a dividend, wholly or partly from any source other than (1) the company's accumulated undistributed net income, figured under good accounting practice and not counting profits or losses from selling securities or other property, or (2) the company's net income for the current or preceding fiscal year — unless the payment comes with a written statement that fully discloses where the money came from. The Commission may set the form of that statement by rule, in the public interest and for the protection of investors. (b) Long-term capital gains; limitation. It is unlawful, in violation of Commission rules adopted as necessary or appropriate in the public interest or for the protection of investors, for a registered investment company to distribute long-term capital gains, as title 26 defines them, more often than once every twelve months.
the actual law source: uscode.house.gov ↗public domain
(a) Dividends; restriction; exception

It shall be unlawful for any registered investment company to pay any dividend, or to make any distribution in the nature of a dividend payment, wholly or partly from any source other than—

(1)

such company’s accumulated undistributed net income, determined in accordance with good accounting practice and not including profits or losses realized upon the sale of securities or other properties; or

(2)

such company’s net income so determined for the current or preceding fiscal year;

unless such payment is accompanied by a written statement which adequately discloses the source or sources of such payment. The Commission may prescribe the form of such statement by rules and regulations in the public interest and for the protection of investors.

(b) Long-term capital gains; limitation

It shall be unlawful in contravention of such rules, regulations, or orders as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors for any registered investment company to distribute long-term capital gains, as defined in title 26, more often than once every twelve months.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 19, 54 Stat. 821; Pub. L. 91–547, § 11, Dec. 14, 1970, 84 Stat. 1422; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of Aug. 22, 1940, ch. 686 · 54 Stat. 821
  • 1970Amended · Pub. L. 91-547 · 84 Stat. 1422
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2095

A history note hasn’t been published yet. The record shows enactment by ch. 686 on 1940-08-22.

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