§77r–1 — Title 15 Commerce and Trade | U.S. Code

Summary

Allows people and many kinds of business entities created under U.S. or state law to buy, hold, and invest in four types of securities: those sold under a certain federal rule (section 77d(5)), mortgage-related securities, small-business related securities, and securities issued or guaranteed by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. State law generally cannot block these investments or make them register the way state rules treat U.S. government obligations. However, each State had limited windows to make different rules. Before the 7-year deadline after October 3, 1984, a State could pass a law that specifically referred to this federal part and limit or require registration for the listed securities on different terms. For small-business securities, the same kind of window ran for 7 years after September 23, 1994. Any state law passed inside those windows cannot undo contracts or force the sale of securities bought before the state law took effect.

Title 15, §77r–1

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Any person, trust, corporation, partnership, association, business trust, or business entity created pursuant to or existing under the laws of the United States or any State shall be authorized to purchase, hold, and invest in securities that are—

(A)offered and sold pursuant to section 77d(5) 11 See References in Text note below. of this title,

(B)mortgage related securities (as that term is defined in section 78c(a)(41) of this title),

(C)small business related securities (as defined in section 78c(a)(53) of this title), or

(D)securities issued or guaranteed by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association,

(2)Where State law limits the purchase, holding, or investment in obligations issued by the United States by such a person, trust, corporation, partnership, association, business trust, or business entity, such securities that are—

(A)offered and sold pursuant to section 77d(5) 1 of this title,

(B)mortgage related securities (as that term is defined in section 78c(a)(41) of this title),

(C)small business related securities (as defined in section 78c(a)(53) of this title), or

(D)securities issued or guaranteed by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association,

(b)The provisions of subsection (a) shall not apply with respect to a particular person, trust, corporation, partnership, association, business trust, or business entity or class thereof in any State that, prior to the expiration of seven years after October 3, 1984, enacts a statute that specifically refers to this section and either prohibits or provides for a more limited authority to purchase, hold, or invest in such securities by any person, trust, corporation, partnership, association, business trust, or business entity or class thereof than is provided in subsection (a). The enactment by any State of any statute of the type described in the preceding sentence shall not affect the validity of any contractual commitment to purchase, hold, or invest that was made prior thereto and shall not require the sale or other disposition of any securities acquired prior thereto.

(c)Any securities that are offered and sold pursuant to section 77d(5) 1 of this title, that are mortgage related securities (as that term is defined in section 78c(a)(41) of this title), or that are small business related securities (as defined in section 78c(a)(53) of this title) shall be exempt from any law of any State with respect to or requiring registration or qualification of securities or real estate to the same extent as any obligation issued by or guaranteed as to principal and interest by the United States or any agency or instrumentality thereof. Any State may, prior to the expiration of seven years after October 3, 1984, enact a statute that specifically refers to this section and requires registration or qualification of any such security on terms that differ from those applicable to any obligation issued by the United States.

(d)(1)The provisions of subsections (a) and (b) concerning small business related securities shall not apply with respect to a particular person, trust, corporation, partnership, association, business trust, or business entity or class thereof in any State that, prior to the expiration of 7 years after September 23, 1994, enacts a statute that specifically refers to this section and either prohibits or provides for a more limited authority to purchase, hold, or invest in such small business related securities by any person, trust, corporation, partnership, association, business trust, or business entity or class thereof than is provided in this section. The enactment by any State of any statute of the type described in the preceding sentence shall not affect the validity of any contractual commitment to purchase, hold, or invest that was made prior to such enactment, and shall not require the sale or other disposition of any small business related securities acquired prior to the date of such enactment.

(2)Any State may, not later than 7 years after September 23, 1994, enact a statute that specifically refers to this section and requires registration or qualification of any small business related securities on terms that differ from those applicable to any obligation issued by the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 77d(5) of this title, referred to in subsecs. (a)(1)(A), (2)(A) and (c), was redesignated section 77d(a)(5) of this title by Pub. L. 112–106, title II, § 201(b)(1), (c)(1), Apr. 5, 2012, 126 Stat. 314. Codification Section was enacted as part of the Secondary Mortgage Market Enhancement Act of 1984, and not as part of the Securities Act of 1933, which comprises this subchapter.

Amendments

1994—Subsec. (a)(1)(B) to (D). Pub. L. 103–325, § 207(a), struck out “or” at end of subpar. (B), added subpar. (C), and redesignated former subpar. (C) as (D). Subsec. (a)(2)(B) to (D). Pub. L. 103–325, § 207(b), struck out “or” at end of subpar. (B), added subpar. (C), and redesignated former subpar. (C) as (D). Subsec. (c). Pub. L. 103–325, § 207(c), in first sentence substituted “, that” for “or that” before “are mortgage related securities” and inserted “, or that are small business related securities (as defined in section 78c(a)(53) of this title)” before “shall be exempt”. Subsec. (d). Pub. L. 103–325, § 207(d), added subsec. (d).

§77r–1 Preemption of State law