Investment Companies Law
Generally, an investment company is a business that issues and invests in securities. An investment company invests funds it receives from client investors on a collective basis, and each investor shares their proportion of the resulting profits and losses.
Federal securities laws categorize investment companies into three basic types: mutual funds, closed-end funds, and unit investment trusts (UITs). Each type of investment company has its own unique features and legal obligations. For example, mutual fund and UIT shares are "redeemable," which means that investors who wish to sell their shares sell them back to the fund or trust at their approximate value. Closed-end fund shares, on the other hand, are usually not redeemable, but rather, when closed-end fund investors want to sell their shares, they sell them to outside buyers on the secondary market at a price determined by market conditions. Additionally, there are a number of variations to each basic type of investment company, such as stock funds, bond funds, money market funds, index funds, interval funds, and exchange-traded funds (ETFs).
Some types of companies that would otherwise appear to be an investment company are excluded under Securities and Exchange Commission (SEC) regulations. For example, private investment funds with 100 investors or less and certain private investment funds are not considered investment companies even though they issue securities and are primarily engaged in the business of investing in securities.
Investment companies primarily regulated under the Investment Company Act of 1940 and the administrative rules and forms propagated pursuant to the Act, as well as the Securities Act of 1933 and the Securities Exchange Act of 1934.
Before purchasing any investment, you should carefully read any contracts, disclosures, prospectuses, or other documents. For more information about investment companies, you can review the materials provided below. You can also find lawyers in your area who specialize in this industry by vising the Law Firms page of our website.
Investment Companies Law - US
- ABA - Special Investors and Investment Structure Group
The Special Investors and Investment Structure Group addresses specialized investments in real estate, including pension plan investments, insurance company investments and international investment in real estate. The Group also addresses specialized structures for investment and financing, including limited liability companies, partnerships, REITs, land trusts and real estate investment funds. To address these matters,
- Investment Advisers Act of 1940
This law regulates investment advisers. With certain exceptions, this Act requires that firms or sole practitioners compensated for advising others about securities investments must register with the SEC and conform to regulations designed to protect investors. Since the Act was amended in 1996, generally only advisers who have at least $25 million of assets under management or advise a registered investment company must register with the Commission.
- Investment Company Act
This act required that all such companies register with the Securities and Exchange Commission (SEC). Under The Investment Company Act of 1940, investment firms must also regularly disclose their investment policies and financial conditions to the public. The act also set operating standards to help ensure investment companies’ continued financial health and fair treatment of investors. These guidelines included limiting the amount of assets that could be leveraged to purchase additional assets, and regulating sales of shares in the investment company itself.
- Regulated Investment Company, Title 26 - Definition
For purposes of this subtitle, the term ''regulated investment company'' means any domestic corporation - (1) which, at all times during the taxable year - (A) is registered under the Investment Company Act of 1940, as amended (15 U.S.C. 80a-1 to 80b-2) as a management company or unit investment trust, or (B) has in effect an election under such Act to be treated as a business development company, or (2) which is a common trust fund or similar fund excluded by section 3(c)(3) of such Act (15 U.S.C. 80a-3(c)) from the definition of ''investment company'' and is not included in the definition of ''common trust fund'' by section 584(a).
- United States Securities Act
Often referred to as the "truth in securities" law, the Securities Act of 1933 has two basic objectives: * require that investors receive financial and other significant information concerning securities being offered for public sale; and * prohibit deceit, misrepresentations, and other fraud in the sale of securities.
Organizations Related to Investment Companies Law
- Financial Industry Regulatory Authority (FINRA)
The Financial Industry Regulatory Authority (FINRA) is the largest independent regulator for all securities firms doing business in the United States. FINRA’s mission is to protect America’s investors by making sure the securities industry operates fairly and honestly. All told, FINRA oversees nearly 4,620 brokerage firms, about 165,920 branch offices and approximately 636,340 registered securities representatives.
- International Trade Administration (ITA)
The International Trade Administration (ITA) strengthens the competitiveness of U.S. industry, promotes trade and investment, and ensures fair trade through the rigorous enforcement of our trade laws and agreements. ITA works to improve the global business environment and helps U.S. organizations compete at home and abroad. ITA supports President Obama’s recovery agenda and the National Export Initiative to sustain economic growth and support American jobs.
- Overseas Private Investment Corporation (OPIC)
The Overseas Private Investment Corporation (OPIC) was established as an agency of the U.S. government in 1971. OPIC helps U.S. businesses invest overseas, fosters economic development in new and emerging markets, complements the private sector in managing risks associated with foreign direct investment, and supports U.S. foreign policy. Because OPIC charges market-based fees for its products, it operates on a self-sustaining basis at no net cost to taxpayers.
- SBIC Program - Seeking SBIC Financing for your Small Business
Whether your business is in the early stages of development or already thriving and seeking growth capital, we want to help you determine if SBIC financing is right for your company – and if so, who in the SBIC community might be willing to consider an investment. Remember, the SBIC Program does not invest directly in small businesses. Instead, SBA puts its confidence in premier investment management funds to evaluate and invest in promising small companies.
- United States Securities and Exchange Commission (SEC)
The mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. As more and more first-time investors turn to the markets to help secure their futures, pay for homes, and send children to college, our investor protection mission is more compelling than ever.
Publications Related to Investment Companies Law
- Investment Treaty News
Since 2001, ITN has offered news, analysis and opinions on international investment law and its implications for sustainable development. The service began as a list-serve where information and views were shared among members, before becoming an electronic newsletter produced by a small editorial team. In its present form, ITN combines these functions by serving as a Web-based platform for discussion and debate, as well as providing regular journalistic reporting on developments and trends in international investment law.
- Investor Guide
Launched in 1996, InvestorGuide.com is WebFinance Inc.'s flagship business. The site's mission is to empower individual investors to take control of their finances and investments through the Internet. InvestorGuide.com believes that every investor, regardless of experience, can benefit from a guide designed to help them sort through all of the investing information on the Internet. Sections that benefit everyone equally are those covering online brokers, stock information, and a comprehensive list of publicly traded companies.
Articles on HG.org Related to Investment Companies Law
- Foreign Inheritance Blocked by U.S. Tax LawsWhen inheriting a foreign estate, the individual needs to understand what laws pertain to the process so his or her inheritance does not face complications with the United States Internal Revenue Service agencies. It is recommended to contact a lawyer before attempting to import the foreign estate funds, assets or property.
- What Is Repatriation Tax for Multi-Nationals?Taxation for multinationals may come through a foreign income tax of United States based corporations for these persons and companies with increases and an entire reform of the tax system. There is over $2 trillion in earnings by these business entities that has not been taxed previously, and these new laws may increase revenue to the entire country.
- Voluntary Disclosure of Foreign Bank AccountsThere are certain procedures necessary through the Internal Revenue Service when the owner of an estate has a foreign bank account called the Reports of Foreign Bank and Financial Accounts or FBAR. If the person with these accounts has not disclosed revenue, interest and income that has been placed in these accounts, he or she could face criminal charges.
- Foreign Investors Face Tax Consequences in the U.S.When an investor from another country is working with the United States, he or she may face consequences with taxation based on what process he or she has followed. There are several ways that lead to negative impact, and this could include a failure to report income for investments outside the country when the foreign citizen resides in the United States.
- False Claims Act Issues Involving Avoiding Customs ChargesThe False Claims Act is involved in several deals that involve the avoidance of Customs charges and attempting to bypass monetary payments and fees when filling in entry forms with the United States Customs and Border Protection agencies. When this occurs, severe penalties and fees may be issued against the company or organization involved.
- Applying Chinese Law in American CourtsAccounting for foreign laws is important for diplomats and citizens from other countries. Their actions may be subject to certain stipulations that are not considered in the United States even when they are prosecuted or remanded to the American court system.
- Information for International Investors Doing Business in the United States: Consumer ProtectionInvestments, business and foreign involvement has been cooperative in the past so that every party included is able to maximize profits. The absence of most restrictions that may be placed by other countries shows this to be the case, and any needed information is usually provided for these investment matters.
- Amendments to the Foreign Investment Regulations in ChinaAmendments to regulations are constantly occurring, but in China this affects the foreign investments for the country and those associated with investors. The amendment changed each investment from a case-by-case basis to a more open policy where only certain issues are placed on a list for refusal.
- Expatriation Tax when Returning to Your Home CountryWhen returning home from living or residing in another country, there are additional taxes that may apply to the person called the expatriation tax. This means that someone moving back to a country he or she lived in before moving away could be taxed for capital gains earned while not within the nation and then becomes a taxed resident once again.
- What You Need to Know about Tax Savings in the British Virgin IslandsThe tax savings in the British Virgin Islands has been reported as a promotion for the financial sector and with this location as a tax haven. This means it is important to know what this means, how these stipulations apply and who is affected so that citizens and others are aware of what is necessary in the British Virgin Islands for tax savings.
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