Laws Relating to Securities Commission, Exchanges and Holding Companies - United States - Google Books

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21. Investigations; Injunctions and Prosecution of Offenses..

(a) Commission may investigate and publish information....

(b) Witnesses, oaths, affirmations, production of records.

Contumacy, refusal to obey subpena, aid of U. S. Courts and

(d) Privilege against self-incrimination_.

(e) Injunctions against violations; criminal proceedings.

Writs of mandamus..

22. Hearings by Commission...

May be public; appropriate records shall be kept..........

23. Rules and Regulations; Annual Reports:

(a) Commission and Federal Reserve Board may make rules and

(b) Annual reports to Congress by Commission and Federal Re-
serve Board shall include information, data and recommenda-
tion for further legislation deemed appropriate..

24. Information Filed with the Commission____

(a) Protection against disclosure of trade secrets in information

(b) Application for confidential treatment_

(c) Unlawful for Commission or employees to disclose or use for

personal benefit information contained in confidential applica-

tions and files..

25. Court Review of Orders.

(a) Review of Commission orders, time for filing and applications

for leave to adduce additional evidence..

(b) Effect on Commission orders of proceedings under subsection (a) -

26. Unlawful Representations__.

27. Jurisdiction of Offenses and Suits__

28. Effect on Existing Law. -

29. Validity of Contracts_-_-

Unlawful to represent that action or failure to act by Commission or

Board constitutes approval or finding of truth or accuracy-

(a) Rights and remedies are additional; recovery limited to actual

damages; jurisdiction of State Commissions_

(a) Waiver of compliance with Act or rules and regulations there-

under, or exchange rule required thereby, void.........

(b) Contracts in violation of Act or rules and regulations void as

to certain persons..

(0) Effect of loans or credit extensions or liens created innocently

in violation of Act; collection of debt or obligation or lien

made in good faith and without knowledge of violation__

80. Foreign Securities Exchanges

(a) Circumstances under which transactions by brokers and dealers

on foreign exchanges are unlawful__

81. Registration Fees--

84. Effective Date___.

(b) Circumstances under which this title is applicable to security
transactions outside U. S..

Due date of payments and amount of annual exchange fees..

(1) Wilful violations_-

Amount of fines, terms and conditions upon which im-
prisonment may be imposed__

38. Separability of Provisions.

Effect of invalidity of any provision or invalidity of application of such

provision to any persons or circumstances..

Different effective dates for certain sections.

TITLE II. AMENDMENTS TO SECURITIES ACT OF 1933

201. Amendments to Section 2 of Securities Act of 1933:

Section 2 (1); security-

Bection

202. Additions and amendments to Section 8 (a) of Securities Act of 1933..
Section 3 (a) (2); Government obligations exempt--
Section 3 (a) (4); eleemosynary institutions...
Additions to Section 3 (a)..

Section 3 (a) (9); securities exchanged with existing security
holders exempt.

Section 3 (a) (10); Court approval for issuance of securities in
exchange or by other official body exempt..
Section 3 (a) (11); Intrastate exemption..

204. Amendment to Section 5 of Securities Act of 1933..

Section 5 (c) repealed..

205. Amendment to Section 10 of Securities Act of 1933..
Section 10 (b) (1); revisions of prospectus.--.

206. Amendments to Section 11 of Securities Act of 1933..

(a) Section 11 (a); suitsf or untrue statements or omissions.

(b) Section 11 (b) (3); defenses to action..

(c) Section 11 (c); standard of reasonableness for determining lia-

(d) Section 11 (e); amount of recovery.

207. Amendment to Section 13 of Securities Act of 1933..
Amendment of limitation of time for bringing suits_

208. Amendment to Section 15 of Securities Act of 1933..
Defense to suit against controlling persons--

209. Amendments to Section 19 of Securities Act of 1933...

(a) Section 19 (a) amended:

(1) Addition of word "technical" in first sentence...

(2) Addition at end of section of a provision regarding acts

done in good faith...

210. Securities and Exchange Commission to perform functions of Federal

Trade Commission under Securities Act of 1933..

211. Securities and Exchange Commission authorized and directed to

study, investigate and report on work, activities, personnel and

functions of protective and reorganization committees...

Public, No. 255-74th Cong., Approved, August 9, 1935

214. Amendment to Section 20a of Part I of the Interstate Commerce Act,

Amendment of Section 3 (a) (6) of the Securities Act of 1933.......

Public, No. 333-74th Cong., Public Utility Act of 1935, Approved

August 26, 1935

TITLE I.-CONTROL OF PUBLIC HOLDING COMPANIES

To provide for control and regulation of public-utility holding companies, and for other purposes.

Citation of Act as "Public Utility Act of 1935".

1. Necessity for Control of Holding Companies------

2. Definitions_

8. Power to Make Particular Exemptions Regarding Holding Companies

and Affiliates___

4. Transactions by Unregistered Holding Companies..

5. Registration of Holding Companies----

6. Unlawful Security Transactions by Registered Holding and Sub-

sidiary Companies...

7. Declaration by Registered Holding and Subsidiary Companies in

respect of Securities Transactions..

8. Acquiring Interest in Electric and Gas Utility Companies Serving

Same Territory.

9. Acquisition of Securities and Utility Assets and Other Interests-

13. Service, Sales and Construction Contracts----

14. Periodic and Other Reports---

17. Officers, Directors and Other Affiliates__

10. Approval of Acquisition of Securities and Utility Assets and Other

11. Simplification of Holding Company System-

12. Intercompany Loans; Dividends; Security Transactions; Sale of

Utility Assets; Proxies; Other Transactions..

15. Accounts and Records_.

16. Liability for Misleading Statements_

18. Investigations; Injunctions, Enforcement of Title and Prosecution of

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27. Liability of Controlling Persons; Preventing Compliance with Title..

28. Unlawful Representations..

29. Penalties__

30. Study of Public-Utility and Investment Companies..

201. Amendment to Section 3 of the Federal Water Power Act, Definitions.

202. Amendment to Section 4 of the Federal Water Power Act..

203. Amendment to Section 5 of the Federal Water Power Act_

204. Amendment to Section 6 of the Federal Water Power Act_

205. Amendment to Section 7 of the Federal Water Power Act.

206. Amendment to Section 10 of the Federal Water Power Act.

207. Amendment to Section 14 of the Federal Water Power Act.

208. Amendment to Section 17 of the Federal Water Power Act.

209. Amendment to Section 18 of the Federal Water Power Act_.

210. Amendment to Section 23 of the Federal Water Power Act.

211. Amendment to Section 24 of the Federal Water Power Act..

212. Provides that Sections 1 to 29, inclusive, of the Federal Water Power

Act, as amended, shall constitute Part I of that Act; Sections 25 to

30 of such Act, as amended, are repealed...

213. Federal Water Power Act, as amended, is further amended by adding

thereto Part II...

PART II. REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE

201. Declaration of Policy; Application of Part; Definitions.

202. Interconnection and Coordination of Facilities; Emergencies; Trans-

mission to Foreign Countries_.

203. Disposition of Property; Consolidations; Purchase of Securities.

204. Issuance of Securities; Assumption of Liabilities----

205. Rates and Charges; Schedules; Suspension of New Rates

206. Fixing Rates and Charges; Determination of Cost of Production or

Transmission.......

207. Furnishing of Adequate Service...

208. Ascertainment of Cost of Property..

209. Use of Joint Boards; Cooperation with State Commissions....

PART III. LICENSES AND PUBLIC UTILITIES; PROCEDURAL AND ADMINISTRATIVE

803. Requirements Applicable to Agencies of the United States..

304. Periodic and Special Reports----

306. Complaints_.

305. Officials Dealing in Securities; Interlocking Directorates---------

307. Investigations by Commission; Attendance of Witnesses; Depo-

308. Hearings; Rules of Procedure.

809. Administrative Powers of Commission; Rules, Regulations, and

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815. General Forfeiture Provision

316. General Penalties; Venue_

817. Jurisdiction of Offenses; Enforcement of Liabilities.

818. Conflict of Jurisdiction__

320. Short Title...

Public, No. 621-74th Cong., Amendment to Securities Exchange Act of 1934,

Approved, May 27, 1936

AN AOT

2. Applications to Continue Unlisted Trading Privileges, Time of Filing

To provide for the continuation of trading in unlisted securities upon national securities exchanges, for the

registration of over-the-counter brokers and dealers, for the filing of current information and periodio

reports, by issuers, and for other purposes.

1. Subsection 12 (f) of Securities Exchange Act of 1934, amended;

Unlisted Trading Privileges..

8. Amendment to Section 15 of the Securities Exchange Act of 1934-

(a) Prohibition against use of mails or interstate commerce by

unregistered broker or dealer.

(b) Registration of brokers and dealers; denial or revocation of

registration..-

(c) (1) Prohibition against use of manipulative, deceptive, or other

fraudulent device or contrivance..

(2) Commission may make rules and regulations defining

devices or contrivances as are manipulative, deceptive or

otherwise fradulent__

(d) Undertaking by issuer required to be filed in registration state-

ments pursuant to Securities Act of 1933..

4. Amendment to Subsection (a) of Section 17 of the Securities Exchange

Act of 1934. Subsection 17 (a) now omits the language "every

broker or dealer making or creating a market for both the purchase

and sale of securities through the use of the mails or of any means or

instrumentality of interstate commerce" and inserting in lieu

thereof "every broker or dealer registered pursuant to section 15 of

5. Amendment to Subsection (a) of Section 18 of the Securities Exchange

Act of 1934. Subsection 18 (a) is amended by inserting immediately

before the comma following the language "or any rule or regulation

thereunder" the following: "or any undertaking contained in a

registration statement as provided in subsection (d) of section 15

of this title".

6. Amendment to Subsection (c) of Section 20 of the Securities Exchange

Act of 1934. Subsection 20 (c) is amended by inserting before the

period the following: "or any undertaking contained in a registra-

tion statement as provided in subsection (d) of section 15 of this

7. Amendment to Subsection (f) of Section 21 of the Securities Exchange

Act of 1934. Subsection 21 (f) is amended by inserting before the

period the following: "or with any undertaking contained in a regis-

tration statement as provided in subsection (d) of section 15 of this

8. Amendment to Subsection (a) of Section 23 of the Securities Exchange

Act of 1934. Subsection 23 (a) is amended with respect to acts done

or omitted in good faith in conformity with rules or regulations of

the Commission and the Federal Reserve Board.

9. Amendment to Section 32 of the Securities Exchange Act of 1934.

Section 32 revised in conformity with this Act; section 32 is now

"section 32 (a)"; new subsection 32 (b) added thereto------

10. Effect of this Act on Brokers and Dealers Having Effective Registration

11. Effect of this Act on Liability arising Prior to Effective Date by

Reason of any Violation of Section 15 of the Securities Exchange

Act of 1934 or rules and regulations...

12. Effective Date of this Act and Various Sections Thereof.

Public, No. 696-75th Cong., Chapter 575-3d Sess.

Approved, June 22, 1938

180
180

To amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United

States", approved July 1, 1898, and Acts amendatory thereof and supplementary thereto; and to repeal

Section 76 thereof and all Acts and parts of Acts inconsistent therewith.

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VII. Proceedings Subsequent to Approval of Petition...

VIII. Title, Rights and Powers of Trustees and Debtors in Possession...

IX. Creditors and Stockholders..

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To provide for the establishment of a mechanism of regulation among over-the-counter brokers and dealers

operating in interstate and foreign commerce or through the malls, to prevent acts and practices

Inconsistent with just and equitable principles of trade, and for other purposes.

The Securities Exchange Act of 1934, as amended, is amended by inserting

after section 15 thereof the following new section 15A.

15A. Registration of National and Affiliated Securities Associations..

(a) Registration-----

(1) Registration data, rules and regulations.

(2) Copies of "rules of the association".

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