Federal Register - August 1, 1941

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Source: Federal Register

F E D E R A L R E G IS T E R , F rid a y, A u gu st 1, 1941
T IT L E 17COMMODITY A N D SECU
R IT IE S EXCHANGES
C H A PTE R H SE C U R ITIE S AND
EXCHANGE COM M ISSIO N
P art 240 R u l e s a n d R e g u l a t io n s , S e
c u r it ie s E x c h a n g e A c t o f 1934
AMENDMENT TO RULE X-12F-5

The Securities and Exchange Com mission, acting pursuant to authority conferred upon it by the Securities Ex change Act of 1934, particularly sections 12 f and 23 a thereof, and deeming such action necessary and appropriate in the public Interest and for the pro tection of investors and necessary for the execution o f the functions vested in it by said Act, hereby amends 240.12f-5
Rule X -12F-5 of the General Rules and Regulations under the A ct to read as hereinafter set forth:
240.12f-5 Differentiation on ticker 1
between transactions in listed and un listed securities. Every national securi ties exchange and every person directly or indirectly controlled by such exchange, in the publication or making available fo r publication by ticker o f quotations or transactions in securities made or effected upon such exchange, shall d if ferentiate between quotations or trans actions in listed securities and quotations or transactions in securities for which unlisted trading privileges on such ex change have been continued or extended, by either adding the letter L to the report o f each quotation or transaction in such listed securities, or by adding the letter U to the report o f each quotation or transaction in such securi ties for which unlisted trading privileges have been continued or extended on such exchange. Rule X-12F-5
Effective July 31, 1941.
By the Commission.
seal
F r a n c is P . B rassor ,
Secretary.
F. R. Doc. 41-5600; Filed, July 31, 1941;
11:46 a. m.

P art 270 I n v e s t m e n t C o m p a n y A ct of
1940
ADOPTION OF RULE N-17F-2

Acting pursuant to the Investment Company Act of 1940, particularly sec tions 38 a and 17 f thereof, and deeming such action appropriate to the exercise of the powers conferred and the duties imposed upon it in that Act, the
Securities and Exchange Commission hereby adopts 270.17f-2 Rule N17F-2 to read as follows:
270.17f-2 C u s t o d y of securities maintained "by management company.
The securities and similar investments of a registered management company may be maintained in the custody of such company upon the following conditions:
a Except as provided in paragraph b , all such securities and similar in vestments shall be deposited in a vault or other depository maintained by a bank or other company whose functions and physical facilities are supervised by Fed eral or State authority.
b The provisions of paragraph a
shall not apply to securities on loan which are collateralized to the extent o f their full market value, or to securities hypothecated, pledged, or placed in es crow for the account of such registered company in connection with a loan or other transaction authorized by specific resolution of its board of directors, or to securities in transit in connection with a sale, an exchange pursuant to a plan of reorganization, recapitalization or otherwise, redemption, maturity or con version, the exercise of warrants or rights, assents to changes in terms of the securities, or other transactions neces sary in the ordinary routine relating to the management of securities.
c The securities and investments de posited pursuant to paragraph 1 shall be physically segregated at all times from those o f any other person.
d The securities and investments de posited pursuant to paragraph a shall be withdrawn only in connection with transactions of the character described in paragraph b .
e No person shall be authorized or permitted to have access to the securities and investments deposited pursuant to paragraph a except pursuant to reso lution of the board of directors of such registered company. Each such resolu tion shall designate not more than five persons who shall be either officers or responsible employees of such company, and shall provide that access to such securities and investments shall be had only by two or more such persons jointly, at least one of whom shall be an officer;
except that for the purpose o f paragraph g the independent public accountant shall be permitted access to such secur ities and investments jointly with any two persons so designated.
f Each person designated pursuant to paragraph e , when depositing in or
3827

withdrawing from the depository securi ties and investments, shall sign a nota tion in respect of such deposit or with drawal, which shall show 1 the date and time of the deposit or withdrawal, 2 the name and amount of the securi ties and other investments deposited and withdrawn, and an identification thereof by certificate numbers or otherwise, and 3 the manner of acquisition of securi ties and investments deposited or the purpose fo r which securities and invest ments have been withdrawn. Such no tation shall be transmitted promptly to an officer or director of the registered company designated by its board of di rectors who shall not be a person desig nated for the purpose of paragraph e .
Such notations shall be on forms serially numbered, and shall be preserved for at least one year.
g Such securities and investments shall be verified by complete examination by an independent public accountant re tained by such registered company at least three times during the fiscal year, at least two o f which shall be chosen by such accountant wthout prior notice to such company. A certificate of such ac countant, stating that he has made an examination o f such securities and in vestments and describing the nature and extent of the examination, shall be trans mitted to the Commission promptly after each such examination.
h Such securities and investments shall at all times be subject to inspection by the Commission through its authorized employees or agents accompanied, unless otherwise directed by order of the Com mission, by one or more of the persons designated pursuant to paragraph e .
i All such securities and investments which are stocks and other equity securi ties acquired by such registered manage ment company after August 14, 1941, fo r which the issuer or its agent maintains a record or registry o f ownership, d iali be registered or recorded in the name o f such company within 30 days after any such acquisition: Provided, however, That this paragraph shall not apply to securities on loan or securities pledged in connection with a loan or other transac tion authorized by a specific resolution of its board of directors.
Effective August 15, 1941.
B y the Commission.
seal
F r a n c is P . B rassor ,
Secretary.
F. R. D oc. 41-5601; Filed, July 31, 1941;
11:46 a. m.

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Federal Register - August 1, 1941

TitoloFederal Register

PaeseStati Uniti

Data01/08/1941

Conteggio pagine40

Numero di edizioni7800

Prima edizione14/03/1936

Ultima edizione23/06/2026

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