For example, the Securities Exchange Act (1934) and the Investment Company Act (1940) require that regulators consider the likely impact of a proposed regulation on efficiency, competition and capital formation.
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For example, in the entire history of the Investment Company Act (the federal statute applicable to mutual funds) only one Compliance Director to a mutual fund adviser has ever blown the whistle on his employer since 1940.
The intent behind the federal securities laws, including the Investment Company Act and the Investment Advisors Act of 1940, was supposedly to provide investors with material information about money managers to enable them to make informed investment decisions.
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Since a felony conviction may result in a manager being statutorily barred from managing a mutual fund under the Investment Company Act, the federal statute that regulates mutual funds, certain fund complexes have engaged in fraudulent document creation and destruction to conceal illegalities.
At the heart of the problem is the fact that the Commission continues to believe the legal fictions incorporated in the Investment Company Act of 1940, the federal statute that regulates mutual funds.
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In 1990, the SEC issued the Investment Company Act Release No. 17809 and ultimately paved the way for the formation of mutual funds that allowed for share creation and redemption during the day.
The intent behind the Investment Company Act of 1940, which regulates mutual funds, and the Investment Advisers Act of 1940, which regulates money managers, was to provide investors with the important information they needed in order to determine whether to invest with a given manager and to judge the ongoing performance of their managers.
The Investment Company Act guards against overuse of leverage in mutual funds to protect retail investors.
That allows the company to act like a filter for high-tech clients like Motorola, Inc.
He is critical of the length of time it has taken the company to act.
If you want to know how to not protect investors, take a good look at the Investment Company Act of 1940.
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Investment companies are regulated primarily under the Investment Company Act of 1940.
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The challenge for Dell is that it will be competing against Acer, Lenovo and others - but the sheer size of the company should act as an advantage.
Instead, throughout the 1980s the SEC routinely issued exemptions from regulation under the applicable law, the Investment Company Act, for all sorts of structured products with remarkably little analysis.
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According to an SEC official, the regulators are evaluating whether derivatives are being used by mutual funds and ETFs in ways that are consistent with the protections of the Investment Company Act.
This failure to get to that range is very likely why fomer SAP chief Leo Apotheker lost his job last February, and likely impels the company to act as it did on Sybase.
Radcliffe did not reveal the name of the pump at first for fear of exposing patients, but after Medtronic tried to gloss over the threat, he went ahead and disclosed it, prompting the company to act.
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Of particular interest to hedge fund managers, privately offered funds will be able to conduct offerings using general solicitations or general advertisements under the new amendments, without losing either of the very important exclusions under Sections 3(c)(1) or 3(c)(7) of the Investment Company Act.
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Congress passed historic banking regulations during the New Deal, including the Glass-Steagall Banking Act of 1933, the Securities Act of 1933, and the Public Utility Holding Company Act of 1935, all of which vastly expanded the role of the federal government in overseeing and regulating Wall Street.
If there is any doubt in your mind that the company will not act with integrity, RUN away from the deal as quickly as you can to save yourself and your company from unnecessary headaches.
Whitney Holdings is a Louisiana bank holding company registered pursuant to the Bank Holding Company Act of 1956.
So, it's perhaps no surprise that the company got into the act itself.
While it is the duty of managers to work to maximize shareholder wealth by working for what is in the best interest of the company, not all managers act on behalf of the company at all times.
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That's part of the reason that Chuck is here today -- he's the president of a construction company in Pennsylvania, and the Recovery Act will fund about a third of the work his paving company will do this year.
Of special interest is the penalty the company faces under the Clean Water Act.
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Whatever Nokia's got planned, several analysts also said the company needs to act fast.
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While Apple has been slowly repairing the faulty directions provided by its mapping application, the company had to act quickly after learning that Australian motorists were being stranded in a dangerous environment.
"We don't believe it's too late to turn News Corp around, but the company needs to act now to make real and substantive changes to start this process, " said Julie Tanner, assistant director of socially responsible investing at Christian Brothers Investment Services.
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