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Michigan Law Review

1941

Public Utility Holding Company Act of 1935

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Full-Text Articles in Securities Law

Holding Company Act - "Controlling Influence", Smith Warder Dec 1941

Holding Company Act - "Controlling Influence", Smith Warder

Michigan Law Review

Most new and revolutionary statutes for the regulation of interstate trade and commerce cause both lawyers and businessmen many headaches before their terms become fixed in meaning by judicial interpretation. The Public Utility Holding Company Act of 1935 is no exception. Difficult questions of interpretation are bound to arise under a statute of such a complicated nature, leaving, as it does, so much to the discretion of administrative officers. In the spring of this year the problem of what is a "controlling influence" was brought to light by two cases. While each case raised the question in a situation totally …


Securities Legislation - Public Utility Holding Company Act Jurisdiction Of The Securities And Exchange Commission, Robert Kneeland Jun 1941

Securities Legislation - Public Utility Holding Company Act Jurisdiction Of The Securities And Exchange Commission, Robert Kneeland

Michigan Law Review

In 1935 the International Paper and Power Company filed an application with the Securities and Exchange Commission to secure permanent exemption from the provisions of the Public Utility Holding Company Act of 1935. While this application was pending, the company formed a plan for recapitalization of its stock, and applied to the commission for an order validating the plan. The report of the commission on this plan was approved by the requisite number of shareholders of the company, whereupon the commission entered an order purporting to exempt from the provisions of the act the stock and the warrants for stock …