15 U.S.C. § 3904: Securities laws

Summary

Treat members' ownership shares in a risk retention group as special under federal law. For some federal securities rules those shares are treated as exempt securities, while for other specific federal provisions they count as securities. A risk retention group is not an investment company under the Investment Company Act of 1940. States’ "blue sky" laws must not treat those ownership shares as securities.

Title 15, §3904

Commerce and Trade, Source: USLM XML via OLRC

(a)Ownership interest of members in risk retention groups

The ownership interests of members in a risk retention group shall be—

(1)considered to be exempted securities for purposes of section 5 of the Securities Act of 1933 [15 U.S.C. 77e] and for purposes of section 12 of the Securities Exchange Act of 1934 [15 U.S.C. 78l]; and

(2)considered to be securities for purposes of the provisions of section 17 of the Securities Act of 1933 [15 U.S.C. 77q] and the provisions of section 10 of the Securities Exchange Act of 1934 [15 U.S.C. 78j].

(b)Investment companies

A risk retention group shall not be considered to be an investment company for purposes of the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.).

(c)State blue sky laws

The ownership interests of members in a risk retention group shall not be considered securities for purposes of any State blue sky law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Investment Company Act of 1940, referred to in subsec. (b), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of this title. For complete classification of this Act to the Code, see section 80a–51 of this title and Tables.

§3904 Securities Laws

Summary

Title 15, §3904

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata