Unreasonable Financial Burden Where registered holding company proposes to issue 25-year bonds for purpose of making temporary advance to subsidiary to aid it in compliance with Commission divestment order under Section 11 and for purpose of investing funds in subsidiaries upon repayment of advance over 2-year period, where no demonstration is made of necessity for such investment in subsidiaries, and where only financial burden claimed to result from denial of bond issue would occur in event of issuance of common shares at future date, held, bonds not within exception to Section 7(c) (1) provided by Section 7 (c) (2) (D) *** Page 728 PRACTICE AND PROCEDURE Denial of Privilege to Practice before Commission Where, in Commission investigation to determine, among other things, whether certain registered holding company and other persons made political contributions in violation of Section 12(h) of Public Utility Holding Company Act of 1935, testimony given by attorney contained false and misleading statements concerning check drawn by him and deposited in private account of state official, held, attorney engaged in improper professional conduct within meaning of Rule II (e) of Commission's Rules of Practice, and should be denied the privilege of practicing before Commission until he obtains the approval of the Commission * Page 82 Evidence Offer of proof, made in a proceeding with respect to a plan filed pursuant to Section 11(e) of the Public Utility Holding Company Act of 1935, which plan is proposed to comply with an order issued pursuant to Section 11(b) (1) of the Act requiring the separation of gas and electric utility assets, and which offer purports to prove that the severance of the gas utility assets from the electric utility assets would increase operating expenses, held, properly rejected by the hearing officer as irrelevant to the issues involved in the proceeding on the plan *** Page 129 SIMPLIFICATION OF HOLDING COMPANY SYSTEM Plan Under Section 11(e)—Appropriate to Effectuate Provisions of Section 11(b) Plan, filed pursuant to Section 11(e) of the Public Utility Holding Company Act of 1935 by a combination gas and electric utility subsidiary of a registered holding company, as a first step in a program of compliance with an order issued pursuant to Section 11(b) (1) of the Act requiring the divestment from the holding company system of the gas utility assets of the combination company, whereby the gas utility assets are to be transferred to a newly created subsidiary company, held, necessary to effectuate the provisions of Section 11(b) of the Act *** Page 129 Plan under Section 11(e)-Fair and Equitable Plan filed pursuant to Section 11(e) of the Public Utility Holding Company Act of 1935 by a combination gas and electric utility subsidiary of registered holding company, which plan provides for creation of subsidiary gas utility company all the securities of which are to be held by the combination company, held, fair and equitable to the security holders of the gas and electric utility company and its parent holding company since their respective interests in the underlying assets are changed in form only *** Page 129 Unfair and Inequitable Distribution of Voting Power in the System Where non-redeemable preferred stock of a registered holding company Declaration filed pursuant to Section 12(e) of the Public Utility Holding SOLICITATION OF PROXIES Declaration filed pursuant to Section 12(e) of the Public Utility Holding SOLICITATION OF SECURITY HOLDERS Declaration filed by registered holding company which is also a public-utility PART IV INVESTMENT COMPANY ACT OF 1940 DECEPTIVE NAME OF INVESTMENT COMPANY Name as Indication of General Character of Investments Where policy of registered investment company is to invest at least 80% of its funds in insured accounts in insured savings and loan institutions and the balance in accounts in insured banks, United States Government obligations and cash, held, name "Insured Accounts Fund" is sufficiently descriptive of general character of company's investments not to be deceptive or misleading within the meaning of Section 35 (d) of Investment Company Act *** Page 123 Implication of Investment and Other Advantages Name of registered investment company, "Civil and Military Investors Mutual Fund, Inc.", and specifically words "Civil and Military Investors" therein, held, deceptive and misleading, in violation of Section 35 (d) of Investment Company Act of 1940, as implying that company's securities have investment and other advantages for civilian and military government personnel to whom sales are to be directed *** Page 451 Implication of Approval by United States Name of registered investment company, "Civil and Military Investors Mutual Fund, Inc.", and specifically words "Civil and Military" therein, held, not to violate Section 35(a) of Investment Company Act of 1940 since not likely to carry implication that company or its securities have been sponsored, recommended, or approved by the United States *** Page 451 EXEMPTIONS Acquisition by Investment Company of Stock of Insurance Company and Issuance of Notes Proposed acquisition by registered closed-end investment company of stock of insurance company, with a view to liquidation of insurance company and retention of its portfolio, and proposed borrowing of funds to finance acquisition, held, entitled to exemption under Section 6(c) of Investment Company Act of 1940 from provisions of that Act restricting investments by investment companies in insurance companies and in other investment companies and prohibiting the issuance of debt obligations where asset coverage is less than 300% Page 506 Acquisition by Investment Company of Stock of Insurance Company from Affiliates Proposed acquisition by registered closed-end investment company of insurance company stock from affiliated persons, as part of acquisition of controlling interest in insurance company, at cost to affiliated persons plus interest on funds borrowed by such persons to purchase stock, such cost being equal to amount paid to other shareholders of insurance company, held, entitled to exemption under Section 17(b) of Investment Company Act of 1940 from provisions of that 969 Act prohibiting affiliated persons from selling securities to registered investment Denial of Exemption Application by registered investment company, sponsored by group of savings Offer of Redeemable Securities to Limited Group Where registered investment company whose shares have been sold only by REGISTRATION Grounds for Revocation of Registration-Injunction Where registered investment adviser is permanently enjoined from employing REGISTRATION OF FOREIGN INVESTMENT COMPANY Application by investment company organized in Union of South Africa for TRANSACTIONS AFFILIATED PERSONS AND COMPANY Where terms of proposed merger of registered closed-end investment company PART V INVESTMENT ADVISERS ACT OF 1940 INVESTMENT ADVISER REGISTRATION Grounds for Revocation-Injunction Where registered investment adviser in amendment to registration application willfully misstated his business address as being in one State when in fact it was located in another State where he is enjoined from acting as an investment adviser, held, in the public interest to revoke registration *** Page 87 Where registered investment adviser is enjoined, on basis of findings by Court of willful violations of Commission's net capital requirements by broker-dealer of which registrant was president and a director, from engaging in securities transactions while not in compliance with such requirements, held, in the public interest to revoke registration *** Page 577 О 971 |