VOLUME 1
PART I THE INVESTMENT COMPANY ACT OF 1940
CHAPTER 1 INTRODUCTION
CHAPTER 2 LEGISLATIVE HISTORY OF THE ACT
CHAPTER 3 DEFINITION OF AN INVESTMENT COMPANY: EXCLUSIONS
AND EXEMPTIONS
CHAPTER 4 CLASSIFICATION OF REGISTERED INVESTMENT COMPANIES:
SECTIONS 4 AND 5
CHAPTER 5 REGISTRATION OF INVESTMENT COMPANIES AND THEIR
SECURITIES: SECTIONS 8 AND 24
CHAPTER 6 ORGANIZATION OF AN INVESTMENT COMPANY UNDER
THE ACT
CHAPTER 7 ADVISORY CONTRACTS, DISTRIBUTION AND UNDERWRITINGS:
SECTIONS 615
CHAPTER 8 AFFILIATED TRANSACTIONS, CUSTODY AND OTHER ISSUES:
SECTIONS 1720
CHAPTER 9 VALUATION, SALES ACTIVITIES AND U ITs: SECTIONS
2127, 3536
CHAPTER 10 REPORTING, RECORDKEEPING AND OTHER REQUIREMENTS
CHAPTER 11 OTHER REQUIREMENTS APPLICABLE TO INVESTMENT
COMPANIES
CHAPTER 12 BUSINESS DEVELOPMENT COMPANIES: SECTIONS 54-64
CHAPTER 13 ANTI-MONEY LAUNDERING REQUIREMENTS
PART II MUTUAL FUND ADVERTISING REQUIREMENTS
CHAPTER 14 INTRODUCTION TO MUTUAL FUND ADVERTISING REQUIREMENTS
CHAPTER 15 GENERIC ADVERTISEMENTS (RULE 135a)
CHAPTER 16 RULE 482 ADVERTISEMENTS
CHAPTER 17 MUTUAL FUNDS AND THE INTERNET
CHAPTER 18 SUPPLEMENTAL SALES LITERATURE: RULE 34b-1
CHAPTER 19 STANDARDS FOR ADVERTISING AND SALES MATERIALS:
RULE 156, NASD REQUIREMENTS, AND MSRB REQUIREMENTS
CHAPTER 20 FILING REQUIREMENTS, NASD/SEC REVIEW, AND RECORDKEEPING
CHAPTER 21 SALES MATERIALS FOR NON-ENGLISH SPEAKING AND VISUALLY
IMPAIRED INVESTORS/FOREIGN SALES MATERIAL
CHAPTER 22 USE OF INVESTMENT ADVISER PRIVATE ACCOUNT PERFORMANCE
INFORMATION TO PROMOTE A NEWLY REGISTERED FUND
PART III SPECIAL TOPICS IN INVESTMENT COMPANY REGULATION
CHAPTER 23 BANK MUTUAL FUNDS
CHAPTER 24 ACQUISITIONS OF INVESTMENT COMPANY COMPLEXES
CHAPTER 25 MUTUAL FUND ACTIVITIES OF EMPLOYEE BENEFIT PLANS
AND RELATED PROGRAMS
CHAPTER 26 EXCHANGE-TRADED FUNDS AND OTHER UNIQUE PRODUCTS
INDEX
PRIMARY SOURCE
Appendix A: INVESTMENT COMPANY ACT OF 1940
Appendix B: RULES AND REGULATIONS UNDER THE INVESTMENT
COMPANY ACT OF 1940
VOLUME 2
PRIMARY SOURCE, CONTINUED
Appendix C: FORMS UNDER THE INVESTMENT COMPANY ACT OF 1940
Appendix D: LEGISLATIVE HISTORY
Appendix E: SELECTED RELEASES ISSUED BY THE SECURITIES AND
EXCHANGE COMMISSION
VOLUME 3
PRIMARY SOURCE, CONTINUED
Appendix F: SEC NO-ACTION AND INTERPRETIVE LETTERS
Appendix G: SELECTED MATERIALS UNDER THE SECURITIES ACT OF
1933 AND THE SECURITIES EXCHANGE ACT OF 1934
Appendix H: MISCELLANEOUS MATERIALS
Lemke, Thomas P.
Thomas P. Lemke is Senior Vice President and General Counsel of Legg Mason, Inc., in Baltimore. Mr. Lemke has extensive experience in the law of financial services, particularly the regulation of investment companies, investement advisors, and broker-dealers in the U.S. and overseas. He started his career at the SEC¿s Division of Investment Management, serving as Chief Counsel during his last three years. He is a frequent speaker on investment management matters and has co-authored a number of books in the area, including Regulation of Investment Companies (Matthew Bender & Co.), Regulation of Investment Advisers (Clark Boardman Callaghan), Soft Dollars and Other Brokerage Arrangements (Mercer Point Press), and How to Read A Mutual Fund Prospectus (Mercer Point Press).
Smith III,Thomas A.
A. Thomas Smith, III is a Managing Director of Morgan Stanley and General Counsel of Morgan Stanley Investment Management ¿ Mutual Funds. Mr. Smith has a full range of experience concerning the laws that regulate asset management activities and financial services. Previously, he was responsible for legal matters regarding investment companies, investment advisers, broker-dealers, transfer agents and alliance programs, with both asset management and financial services firms. He also spent several years in private practice, focusing on the regulation of investment companies and investment advisers in the United States and abroad. Prior to that, he served as a staff attorney in the Office of Chief Counsel in the SEC¿s Division of Investment Management, where he concentrated on the regulation of investment companies and investment advisers under the federal securities laws.
Lins,T. Gerald
Mr. Lins is General Counsel of ING Furman Selz Asset Management LLC, which comprises several investment advisory entities managing a wide variety of investment strategies and vehicles, including separate accounts, hedge funds, offshore funds, mutual funds, collateralized debt obligations and wrap fee accounts. Previously, Mr. Lins was in charge of legal matters for a number of major asset managers and fund complexes, and also spent several years in private practice, concentrating on general corporate law matters and the regulation of investment companies, investment advisers, and other financial service providers. Prior to that, he was a staff attorney in the Office of Chief Counsel in the SEC¿s Division of Investment Management, where he had a broad range of experience with the regulation of investment companies and investment advisers under the federal securities laws. He received his J.D. in 1984 from Harvard Law School.
Mr. Lins is a co-author of numerous articles and several books including:
Regulation of Investment Advisers (West Publishing, 2002);
Regulation of Investment Companies (Matthew Bender & Co., Inc., 2002);
Soft Dollars and Other Brokerage Arrangements (Glasser LegalWorks, 2001);
The Money Manager¿s ERISA Sourcebook (Glasser LegalWorks, 2002); and
How to Read a Mutual Fund Prospectus (Mercer Point Press, 1999).