§ 80a-39. — Procedure for issuance of orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC80a-39]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2D--INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER I--INVESTMENT COMPANIES
Sec. 80a-39. Procedure for issuance of orders
(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.
(Aug. 22, 1940, ch. 686, title I, Sec. 40, 54 Stat. 842; Pub. L. 86-507,
Sec. 1(15), June 11, 1960, 74 Stat. 201.)
Amendments
1960--Subsec. (a). Pub. L. 86-507 inserted ``or certified mail''
after ``registered mail''.
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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1265, set out under section 78d of this title.
Section Referred to in Other Sections
This section is referred to in sections 80a-6, 80a-9, 80a-58 of this
title.
