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Securities and Exchange Commission

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Articles 61 - 65 of 65

Full-Text Articles in Banking and Finance Law

Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson Jan 1986

Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson

University of Richmond Law Review

In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …

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Proposed Sec Rules For Private Offerings: The Impact On Venture Capital Financing, Gregory A. Kearns Jan 1971

Proposed Sec Rules For Private Offerings: The Impact On Venture Capital Financing, Gregory A. Kearns

University of Michigan Journal of Law Reform

In order to facilitate venture capital financing, corporations rely upon the private offering exemption from the registration and prospectus requirements of the Securities Act of 1933. In an attempt to prevent this exemption from serving as a conduit for the flow of securities into the public securities markets, the Securities and Exchange Commission (SEC) has proposed new rules regulating the resale of securities purchased in a private offering. These proposals would alter, among other things, the existing holding period, sales limitation, and financial information requirements. This article will examine the impact of the proposed *rules on venture capital financing of …

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The Expanding Jurisdiction Of The Securities And Exchange Commission: Variable Annuities And Bank Collective Investment Funds, John W. Erickson Jun 1964

The Expanding Jurisdiction Of The Securities And Exchange Commission: Variable Annuities And Bank Collective Investment Funds, John W. Erickson

Michigan Law Review

The Securities and Exchange Commission is presently attempting to assert jurisdiction over certain aspects of two industries traditionally exempt from federal securities regulation-insurance and banking. The SEC claims that two recently developed investment vehicles-variable annuities in the insurance field and pooled funds of managing agency accounts in the banking field-are virtually the same as mutual funds, which are subject to SEC regulation under the Investment Company Act of 1940. (A mutual fund is essentially a fund (usually in corporate form), the participants' contributions to which are collectively invested in a portfolio of securities, each participation representing a pro rata interest …

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Federal Regulation And State Gambling Laws, Walter H. Moses Jun 1948

Federal Regulation And State Gambling Laws, Walter H. Moses

Vanderbilt Law Review

The statement that the detailed regulation of security exchanges and transactions conducted thereon which is embodied in the Securities Exchange Act of 1934 and the Securities Act of 1933 and the regulations promulgated by the Securities and Exchange Commission thereunder constitutes an encouragement to gambling in securities, no doubt quite properly places a heavy burden of proof on the person making it. This article has as its purpose a demonstration of the truth of such statement.

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Auditing Standards And Procedures In The Light Of Court Decisions, Frederick K. Rabel Jun 1944

Auditing Standards And Procedures In The Light Of Court Decisions, Frederick K. Rabel

Michigan Law Review

Ever since the Securities and Exchange Commission announced its amended rule 2-02 and required the accountant's certificate to include a statement as to compliance with generally accepted auditing standards, the accounting profession has been confronted with the problem of how to state those heretofore undefined standards. In the meantime, the committee on auditing procedure of the American Institute of Accountants requested the assistance of all practicing certified public accountants and all state accounting societies in taking prompt action toward defining auditing standards, and two members of the profession have since gone on record by courageously submitting tentative lists of proposed …

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