Regulation of Sale of Securities: Hearing[s] Before a Subcommittee of the Committee on Banking and Currency, United States Senate, Seventy-fifth Congress, First Session, on S. 2344, a Bill to Provide for the Regulation of the Sale of Certain Securities in Interstate and Foreign Commerce, and the Trust Indentures Under which the Same are Issued, and for Other Purposes. June 9, 15, 22, and 29, 1937 |
From inside the book
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Page 11
... standard of care and are not detrimental to the public interest or the interest of investors . Exculpatory Clauses ( j ) The indenture to be qualified shall not contain any provisions relieving the trustee from liability for its own ...
... standard of care and are not detrimental to the public interest or the interest of investors . Exculpatory Clauses ( j ) The indenture to be qualified shall not contain any provisions relieving the trustee from liability for its own ...
Page 17
... standards for their profession . The Commission , I would like to say , has received from these groups many constructive suggestions and ideas in the course of its study of these problems . EVOLUTION OF TRUST INDENTURE The trust ...
... standards for their profession . The Commission , I would like to say , has received from these groups many constructive suggestions and ideas in the course of its study of these problems . EVOLUTION OF TRUST INDENTURE The trust ...
Page 21
... standard of conduct to which the more reputable trustees have already come to adhere . This seemingly minor reform would provide investors with protection against prac- tices which in the past have occasionally taken heavy toll and ...
... standard of conduct to which the more reputable trustees have already come to adhere . This seemingly minor reform would provide investors with protection against prac- tices which in the past have occasionally taken heavy toll and ...
Page 22
... standard provision that the trustee could shut its eyes to the existence of any default until formally notified of it by a specified percentage of the bondholders - a prime example of putting the cart before the horse . Such type of ...
... standard provision that the trustee could shut its eyes to the existence of any default until formally notified of it by a specified percentage of the bondholders - a prime example of putting the cart before the horse . Such type of ...
Page 23
... standard that is made more specific in the Barkley bill ; and I will revert to that later on . I have mentioned the exculpatory clauses in indentures which commonly afford trustees protection from all liability for negligence and all ...
... standard that is made more specific in the Barkley bill ; and I will revert to that later on . I have mentioned the exculpatory clauses in indentures which commonly afford trustees protection from all liability for negligence and all ...
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Common terms and phrases
act as trustee action adequate Alben W amendment American Bankers Association application bank Bankers Barkley bill bondholders bonds BUTTENWIESER CANRIGHT centum CHAIRMAN clause collateral Commission deems Commissioner DOUGLAS committee print conflict of interest conflicting interest corporate trustees court creditor debenture director duties enforcement Exchange Commission exemption exercise Federal Reserve System filed inden indenture security holders indenture trustee interest or participation interests of investors investment issuer legislation liability loans mortgage necessary or appropriate negative pledge negligence obligations obligor paragraph paying agent payment permitted person POSNER prescribe prior to default prospective trustee protection of investors public interest qualified shall contain reasonable reorganization Report respect responsible rules and regulations Securities Act Securities and Exchange securities issued Senator BARKLEY Senator HUGHES Senator TOWNSEND situation statement subsection substitution term thereof thereunder tion trust companies trust indenture trustee's trusteeship underwriter UNTERMYER voting securities
Popular passages
Page 86 - Act of 1933. (b) The Treasury Department, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Reserve Banks, and the Federal Deposit Insurance Corporation...
Page 13 - System, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
Page 14 - Commission under authority thereof, or any person who willfully, in a registration statement filed under this title, makes any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $10,000 or imprisoned not more than five years, or both.
Page 11 - Such information, in such detail, as to the issuer and any person directly or indirectly controlling or controlled by, or under direct or indirect common control with...
Page 209 - Commission deems relevant or material to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States or any State at any designated place of hearing.
Page 5 - The Information contained In or filed with any registration statement shall be made available to the public under such regulations as the Commission may prescribe...
Page 197 - underwriter" means any person who has purchased from an issuer with a view to, or offers or sells for an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking...
Page 200 - If it appears to the Commission at any time that the registration statement includes any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading...
Page 15 - If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Page 4 - The Commission may from time to time by its rules and regulations and subject to such terms and conditions as may be prescribed therein...