(a) Misrepresentation of guarantees(1) In generalIt shall be unlawful for any person, issuing or selling any security of which a registered investment company is the issuer, to represent or imply in any manner whatsoever that such security or company—(A) has been guaranteed, sponsored, recommended, or approved by the United States, or any agency, instrumentality or officer of the United States;
(B) has been insured by the Federal Deposit Insurance Corporation; or
(C) is guaranteed by or is otherwise an obligation of any bank or insured depository institution.
(2) DisclosuresAny person issuing or selling the securities of a registered investment company that is advised by, or sold through, a bank shall prominently disclose that an investment in the company is not insured by the Federal Deposit Insurance Corporation or any other government agency. The Commission may, after consultation with and taking into consideration the views of the Federal banking agencies (as defined in section 1813 of title 12), adopt rules and regulations, and issue orders, consistent with the protection of investors, prescribing the manner in which the disclosure under this paragraph shall be provided.
(3) DefinitionsThe terms “insured depository institution” and “appropriate Federal banking agency” have the same meanings as given in section 1813 of title 12.
(b) Unlawful representation of sponsorship by United States or agency thereofIt shall be unlawful for any person registered under any section of this subchapter, to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon by the United States or any agency or officer thereof.
(c) Statement of registration under securities provisionsNo provision of subsection (a) or (b) shall be construed to prohibit a statement that a person or security is registered under this chapter, the Securities Act of 1933 [15 U.S.C. 77a et seq.], or the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], if such statement is true in fact and if the effect of such registration is not misrepresented.
(d) Deceptive or misleading namesIt shall be unlawful for any registered investment company to adopt as a part of the name or title of such company, or of any securities of which it is the issuer, any word or words that the Commission finds are materially deceptive or misleading. The Commission is authorized, by rule, regulation, or order, to define such names or titles as are materially deceptive or misleading.
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