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15 U.S.C. § 80a–5Subclassification of management companies

submitted 86 years ago by ch. 686 to r/title-15-COMMERCE-AND-TRADE · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

Management companies split into open-end companies, which issue redeemable securities, and closed-end companies, which don't. They also split into diversified companies, which spread at least 75% of assets across many issuers, and non-diversified companies. Later market drift alone doesn't cost a company its diversified status.

(a) Open-end and closed-end companies. (1) "Open-end company" — a management company that's offering for sale, or has outstanding, any redeemable security it issued. (2) "Closed-end company" — any management company that isn't an open-end company. (b) Diversified and non-diversified companies. (1) "Diversified company" — a management company where at least 75% of total asset value is cash and cash items (including receivables), government securities, other investment companies' securities, and other securities — except that for this calculation, no more than 5% of total assets, and no more than 10% of any one issuer's outstanding voting securities, can come from any single issuer. (2) "Non-diversified company" — any management company that isn't a diversified company. (c) Loss of status as diversified company. A registered diversified company that met the 75% test when it first qualified doesn't lose diversified status just because its investments later drift from that test, as long as the drift, right after it acquires the security or property that caused it, isn't wholly or partly the result of that acquisition.
the actual law source: uscode.house.gov ↗public domain
(a) Open-end and closed-end companies

For the purposes of this subchapter, management companies are divided into open-end and closed-end companies, defined as follows:

(1)

“Open-end company” means a management company which is offering for sale or has outstanding any redeemable security of which it is the issuer.

(2)

“Closed-end company” means any management company other than an open-end company.

(b) Diversified and non-diversified companies

Management companies are further divided into diversified companies and non-diversified companies, defined as follows:

(1)

“Diversified company” means a management company which meets the following requirements: At least 75 per centum of the value of its total assets is represented by cash and cash items (including receivables), Government securities, securities of other investment companies, and other securities for the purposes of this calculation limited in respect of any one issuer to an amount not greater in value than 5 per centum of the value of the total assets of such management company and to not more than 10 per centum of the outstanding voting securities of such issuer.

(2)

“Non-diversified company” means any management company other than a diversified company.

(c) Loss of status as diversified company

A registered diversified company which at the time of its qualification as such meets the requirements of paragraph (1) of subsection (b) shall not lose its status as a diversified company because of any subsequent discrepancy between the value of its various investments and the requirements of said paragraph, so long as any such discrepancy existing immediately after its acquisition of any security or other property is neither wholly nor partly the result of such acquisition.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 5, 54 Stat. 800; Pub. L. 100–181, title VI, § 607, Dec. 4, 1987, 101 Stat. 1261.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of Aug. 22, 1940, ch. 686 · 54 Stat. 800
  • 1987Amended · Pub. L. 100-181 · 101 Stat. 1261

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

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