(a) Dividends; restriction; exceptionIt shall be unlawful for any registered investment company to pay any dividend, or to make any distribution in the nature of a dividend payment, wholly or partly from any source other than—(1) such company’s accumulated undistributed net income, determined in accordance with good accounting practice and not including profits or losses realized upon the sale of securities or other properties; or
(2) such company’s net income so determined for the current or preceding fiscal year;
unless such payment is accompanied by a written statement which adequately discloses the source or sources of such payment. The Commission may prescribe the form of such statement by rules and regulations in the public interest and for the protection of investors.
(b) Long-term capital gains; limitationIt shall be unlawful in contravention of such rules, regulations, or orders as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors for any registered investment company to distribute long-term capital gains, as defined in title 26, more often than once every twelve months.
Structure US Code
CHAPTER 2D— INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER I— INVESTMENT COMPANIES
§ 80a–1. Findings and declaration of policy
§ 80a–2. Definitions; applicability; rulemaking considerations
§ 80a–3. Definition of investment company
§ 80a–3a. Protection of philanthropy under State law
§ 80a–4. Classification of investment companies
§ 80a–5. Subclassification of management companies
§ 80a–7. Transactions by unregistered investment companies
§ 80a–8. Registration of investment companies
§ 80a–9. Ineligibility of certain affiliated persons and underwriters
§ 80a–10. Affiliations or interest of directors, officers, and employees
§ 80a–11. Offers to exchange securities
§ 80a–12. Functions and activities of investment companies
§ 80a–13. Changes in investment policy
§ 80a–14. Size of investment companies
§ 80a–15. Contracts of advisers and underwriters
§ 80a–17. Transactions of certain affiliated persons and underwriters
§ 80a–18. Capital structure of investment companies
§ 80a–19. Payments or distributions
§ 80a–20. Proxies; voting trusts; circular ownership
§ 80a–21. Loans by management companies
§ 80a–23. Closed-end companies
§ 80a–24. Registration of securities under Securities Act of 1933
§ 80a–25. Reorganization plans; reports by Commission
§ 80a–26. Unit investment trusts
§ 80a–27. Periodic payment plans
§ 80a–28. Face-amount certificate companies
§ 80a–29. Reports and financial statements of investment companies and affiliated persons
§ 80a–30. Accounts and records
§ 80a–31. Accountants and auditors
§ 80a–32. Filing of documents with Commission in civil actions
§ 80a–33. Destruction and falsification of reports and records
§ 80a–34. Unlawful representations and names
§ 80a–35. Breach of fiduciary duty
§ 80a–36. Larceny and embezzlement
§ 80a–37. Rules, regulations, and orders
§ 80a–38. Procedure for issuance of rules and regulations
§ 80a–39. Procedure for issuance of orders
§ 80a–40. Hearings by Commission
§ 80a–41. Enforcement of subchapter
§ 80a–42. Court review of orders
§ 80a–43. Jurisdiction of offenses and suits
§ 80a–44. Disclosure of information filed with Commission; copies
§ 80a–45. Reports by Commission; hiring and leasing authority
§ 80a–46. Validity of contracts
§ 80a–47. Liability of controlling persons; preventing compliance with subchapter
§ 80a–49. Construction with other laws
§ 80a–53. Election to be regulated as business development company
§ 80a–54. Acquisition of assets by business development companies
§ 80a–55. Qualifications of directors
§ 80a–56. Transactions with certain affiliates
§ 80a–57. Changes in investment policy
§ 80a–58. Incorporation of subchapter provisions
§ 80a–59. Functions and activities of business development companies
§ 80a–62. Distribution and repurchase of securities
§ 80a–63. Accounts and records
§ 80a–64. Preventing compliance with subchapter; liability of controlling persons