§80a–39 — Title 15 Commerce and Trade | U.S. Code

Summary

Orders can be issued only after notice and a hearing. Parties must be notified by personal service, registered or certified mail, or confirmed telegraphic notice to the party’s last known business address; other interested people may be notified the same way or by publication in the Federal Register. The Commission may accept a sworn application as evidence and use it as part or all of the record. It must admit interested States and State agencies as parties, and may admit representatives of security holders or other persons if their participation serves the public interest or protects investors.

Title 15, §80a–39

Commerce and Trade — Source: USLM XML via OLRC

(a)Orders of the Commission under this subchapter shall be issued only after appropriate notice and opportunity for hearing. Notice to the parties to a proceeding before the Commission shall be given by personal service upon each party or by registered mail or certified mail or confirmed telegraphic notice to the party’s last known business address. Notice to interested persons, if any, other than parties may be given in the same manner or by publication in the Federal Register.

(b)The Commission may provide, by appropriate rules or regulations, that an application verified under oath may be admissible in evidence in a proceeding before the Commission and that the record in such a proceeding may consist, in whole or in part, of such application.

(c)In any proceeding before the Commission, the Commission, in accordance with such rules and regulations as it may prescribe, shall admit as a party any interested State or State agency, and may admit as a party any representative of interested security holders, or any other person whose participation in the proceeding may be in the public interest or for the protection of investors.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1960—Subsec. (a). Pub. L. 86–507 inserted “or certified mail” after “registered mail”.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.

§80a–39 Procedure for issuance of orders

Summary

Title 15, §80a–39

Notes & Related Subsidiaries

Editorial Notes

Amendments

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata