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15 U.S.C. § 80a–3aProtection of philanthropy under State law

submitted 31 years ago by Pub. L. 104-62 to r/title-15-COMMERCE-AND-TRADE · 352 words · no verdicts yet

in plain englishAI-generated · not legal advice

Charitable pooled-income and collective funds excused from being an "investment company" don't need state securities registration. Charities and their staff also don't need a state dealer, broker, or adviser license just for handling those funds. States had three years after 1995 to opt out of this rule for their own law.

(a) Registration requirements. A security, or an interest or participation in a pooled income fund, collective trust fund, collective investment fund, or similar fund that's excluded from the definition of "investment company" under section 80a–3(c)(10)(B), and its offer or sale, is exempt from any state statute or regulation requiring securities registration or qualification. (b) Treatment of charitable organizations. A charitable organization, or its trustee, director, officer, employee, or volunteer acting within their job or duties, doesn't have to register as, or be regulated as, a dealer, broker, agent, or investment adviser under any state's securities laws, just because they buy, hold, sell, or trade securities for their own account as trustee or administrator of, or otherwise on behalf of, (1) a charitable organization; (2) a fund excluded under section 80a–3(c)(10)(B); or (3) a trust or other donative instrument described there, or its settlors or beneficiaries. (c) State action. Despite (a) and (b), during the three years starting December 8, 1995, a state could enact a statute that specifically refers to this section and says this section won't preempt that state's own law. (d) Definitions. (1) "Charitable organization" means an organization described in section 170(c)(1)-(5) or section 501(c)(3) of title 26; (2) "security" has the same meaning as in section 78c; (3) "State" means each U.S. state, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
the actual law source: uscode.house.gov ↗public domain
(a) Registration requirements

A security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund that is excluded from the definition of an investment company under section 80a–3(c)(10)(B) of this title, and the offer or sale thereof, shall be exempt from any statute or regulation of a State that requires registration or qualification of securities.

(b) Treatment of charitable organizations

No charitable organization, or any trustee, director, officer, employee, or volunteer of a charitable organization acting within the scope of such person’s employment or duties, shall be required to register as, or be subject to regulation as, a dealer, broker, agent, or investment adviser under the securities laws of any State because such organization or person buys, holds, sells, or trades in securities for its own account in its capacity as trustee or administrator of, or otherwise on behalf of or for the account of one or more of the following:

(1)

a charitable organization;

(2)

a fund that is excluded from the definition of an investment company under section 80a–3(c)(10)(B) of this title; or

(3)

a trust or other donative instrument described in section 80a–3(c)(10)(B) of this title, or the settlors (or potential settlors) or beneficiaries of any such trusts or other instruments.

(c) State action

Notwithstanding subsections (a) and (b), during the 3-year period beginning on December 8, 1995, a State may enact a statute that specifically refers to this section and provides prospectively that this section shall not preempt the laws of that State referred to in this section.

(d) Definitions

For purposes of this section—

(1)

the term “charitable organization” means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of title 26;

(2)

the term “security” has the same meaning as in section 78c of this title; and

(3)

the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Source credit: (Pub. L. 104–62, § 6, Dec. 8, 1995, 109 Stat. 685.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-62 · 109 Stat. 685

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-62 on 1995-12-08.

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