15 U.S.C. § 80a–5 — Subclassification of management companies
submitted 86 years ago by ch. 686 to r/title-15-COMMERCE-AND-TRADE · 267 words · no verdicts yet
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.
For the purposes of this subchapter, management companies are divided into open-end and closed-end companies, defined as follows:
“Open-end company” means a management company which is offering for sale or has outstanding any redeemable security of which it is the issuer.
“Closed-end company” means any management company other than an open-end company.
Management companies are further divided into diversified companies and non-diversified companies, defined as follows:
“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.
“Non-diversified company” means any management company other than a 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.)
- 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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