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15 U.S.C. § 80a–34Unlawful representations and names

submitted 86 years ago by ch. 686 to r/title-15-COMMERCE-AND-TRADE · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

Sellers of fund securities can't claim the government guarantees or insures them, or that a bank guarantees them. Funds sold through banks must clearly disclose they aren't FDIC-insured. Funds also can't use names the SEC finds deceptive or misleading.

(a) Misrepresentation of guarantees. (1) It's unlawful for anyone selling securities of a registered investment company to claim or imply the security or the company (A) is guaranteed, sponsored, recommended, or approved by the United States or one of its agencies or officers; (B) is insured by the FDIC; or (C) is guaranteed by, or is an obligation of, a bank or insured depository institution. (2) Anyone selling securities of a fund advised by, or sold through, a bank must clearly disclose that investing in the fund isn't insured by the FDIC or any other government agency; the SEC, after consulting federal banking regulators, can make rules on how that disclosure must be given. (3) "Insured depository institution" and "appropriate Federal banking agency" mean what they mean in section 1813 of title 12. (b) Unlawful representation of sponsorship by United States or agency thereof. It's unlawful for anyone registered under this law to claim or imply that the United States, or any of its agencies or officers, sponsored, recommended, or approved them, or vetted their qualifications. (c) Statement of registration under securities provisions. (a) and (b) don't stop someone from truthfully stating that a person or security is registered under this law, the Securities Act of 1933, or the Securities Exchange Act of 1934, as long as the statement is true and doesn't misrepresent what that registration means. (d) Deceptive or misleading names. A registered investment company can't use, as part of its own name or the name of its securities, any word the SEC finds materially deceptive or misleading. The SEC can define, by rule, regulation, or order, which names count as deceptive or misleading.
the actual law source: uscode.house.gov ↗public domain
(a) Misrepresentation of guarantees
(1) In general

It shall be unlawful for any person, issuing or selling any security of which a registered investment company is the issuer, to represent or imply in any manner whatsoever that such security or company—

(A)

has been guaranteed, sponsored, recommended, or approved by the United States, or any agency, instrumentality or officer of the United States;

(B)

has been insured by the Federal Deposit Insurance Corporation; or

(C)

is guaranteed by or is otherwise an obligation of any bank or insured depository institution.

(2) Disclosures

Any person issuing or selling the securities of a registered investment company that is advised by, or sold through, a bank shall prominently disclose that an investment in the company is not insured by the Federal Deposit Insurance Corporation or any other government agency. The Commission may, after consultation with and taking into consideration the views of the Federal banking agencies (as defined in section 1813 of title 12), adopt rules and regulations, and issue orders, consistent with the protection of investors, prescribing the manner in which the disclosure under this paragraph shall be provided.

(3) Definitions

The terms “insured depository institution” and “appropriate Federal banking agency” have the same meanings as given in section 1813 of title 12.

(b) Unlawful representation of sponsorship by United States or agency thereof

It shall be unlawful for any person registered under any section of this subchapter, to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon by the United States or any agency or officer thereof.

(c) Statement of registration under securities provisions

No provision of subsection (a) or (b) shall be construed to prohibit a statement that a person or security is registered under this chapter, the Securities Act of 1933 [15 U.S.C. 77a et seq.], or the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], if such statement is true in fact and if the effect of such registration is not misrepresented.

(d) Deceptive or misleading names

It shall be unlawful for any registered investment company to adopt as a part of the name or title of such company, or of any securities of which it is the issuer, any word or words that the Commission finds are materially deceptive or misleading. The Commission is authorized, by rule, regulation, or order, to define such names or titles as are materially deceptive or misleading.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 35, 54 Stat. 840; Pub. L. 104–290, title II, § 208, Oct. 11, 1996, 110 Stat. 3432; Pub. L. 106–102, title II, § 214, Nov. 12, 1999, 113 Stat. 1398.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of Aug. 22, 1940, ch. 686 · 54 Stat. 840
  • 1996Amended · Pub. L. 104-290 · 110 Stat. 3432
  • 1999Amended · Pub. L. 106-102 · 113 Stat. 1398

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

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