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Title 15, Commerce and TradeRelease 119-110

§80a–39 Procedure for Issuance of Orders

Title 15 › CHAPTER 2D — INVESTMENT COMPANIES AND ADVISERS › SUBCHAPTER I — INVESTMENT COMPANIES › § 80a–39

Last updated Sep 22, 2026|Official source

Summary

The Commission must give people notice and a chance to be heard before it issues orders under this law. Parties get notice by being handed it in person, by registered or certified mail, or by a confirmed telegram sent to their last known business address. Other interested people can get notice the same way or by a notice published in the Federal Register. The Commission can make rules letting a sworn, signed application be used as evidence, and the record for a case can be partly or entirely made up of that application. The Commission must let an interested State or State agency be a party to a case, and it may also let representatives of security holders or other people join if it serves the public interest or protects investors.

Full Legal Text

Title 15, §80a–39

Commerce and Trade, Source: USLM XML via OLRC

(a)Notice and hearing
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)Application verified under oath admissible as evidence
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)Parties
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 80a–39

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110