(a) Open-end and closed-end companiesFor the purposes of this subchapter, management companies are divided into open-end and closed-end companies, defined as follows:(1) “Open-end company” means a management company which is offering for sale or has outstanding any redeemable security of which it is the issuer.
(2) “Closed-end company” means any management company other than an open-end company.
(b) Diversified and non-diversified companiesManagement companies are further divided into diversified companies and non-diversified companies, defined as follows:(1) “Diversified company” means a management company which meets the following requirements: At least 75 per centum of the value of its total assets is represented by cash and cash items (including receivables), Government securities, securities of other investment companies, and other securities for the purposes of this calculation limited in respect of any one issuer to an amount not greater in value than 5 per centum of the value of the total assets of such management company and to not more than 10 per centum of the outstanding voting securities of such issuer.
(2) “Non-diversified company” means any management company other than a diversified company.
(c) Loss of status as diversified companyA registered diversified company which at the time of its qualification as such meets the requirements of paragraph (1) of subsection (b) shall not lose its status as a diversified company because of any subsequent discrepancy between the value of its various investments and the requirements of said paragraph, so long as any such discrepancy existing immediately after its acquisition of any security or other property is neither wholly nor partly the result of such acquisition.
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