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15 U.S.C. § 80a–39Procedure for issuance of orders

submitted 86 years ago by ch. 686 to r/title-15-COMMERCE-AND-TRADE · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

The SEC must give notice and a chance for a hearing before issuing an order under this law. A sworn application can serve as evidence in that proceeding. States and interested security holders can be admitted as parties.

(a) Notice and hearing. The SEC can issue an order under this law only after giving appropriate notice and an opportunity for a hearing. It notifies parties by personal service, registered or certified mail, or confirmed telegraph, sent to their last known business address. It can notify other interested people the same way, or by publishing notice in the Federal Register. (b) Application verified under oath admissible as evidence. The SEC can make rules letting a sworn application be used as evidence in an SEC proceeding, and letting the proceeding's record consist, in whole or part, of that application. (c) Parties. In any SEC proceeding, the SEC must admit as a party any interested state or state agency, and may admit as a party any representative of interested security holders, or anyone else whose participation would serve the public interest or protect investors.
the actual law source: uscode.house.gov ↗public domain
(a) Notice and hearing

Orders of the Commission under this subchapter shall be issued only after appropriate notice and opportunity for hearing. Notice to the parties to a proceeding before the Commission shall be given by personal service upon each party or by registered mail or certified mail or confirmed telegraphic notice to the party’s last known business address. Notice to interested persons, if any, other than parties may be given in the same manner or by publication in the Federal Register.

(b) Application verified under oath admissible as evidence

The Commission may provide, by appropriate rules or regulations, that an application verified under oath may be admissible in evidence in a proceeding before the Commission and that the record in such a proceeding may consist, in whole or in part, of such application.

(c) Parties

In any proceeding before the Commission, the Commission, in accordance with such rules and regulations as it may prescribe, shall admit as a party any interested State or State agency, and may admit as a party any representative of interested security holders, or any other person whose participation in the proceeding may be in the public interest or for the protection of investors.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 40, 54 Stat. 842; Pub. L. 86–507, § 1(15), June 11, 1960, 74 Stat. 201.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of Aug. 22, 1940, ch. 686 · 54 Stat. 842
  • 1960Amended · Pub. L. 86-507 · 74 Stat. 201

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

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