Investment company determination under the 1940 act : exemptions and exceptions

1. Definition of an issuer

2. Definition of a security

3. Issuers holding themselves out as investment companies

section 3 (a)(1)(A)

4. Issuers engaged in the business of issuing face-amount certificates of the installment type

section 3(a)(1)(B)

5. Issuers investing more than 40 percent of their assets in investment securities

section 3(a)(1)(C)

6. Self-determination by issuers engaged in a noninvestment company business

section 3(b)(1)

7. Exception by commission order for industrial holding companies

section 3(b)(2)

8. Certain subsidiaries of issuers that are not investment compaines under section 3(b)(1) or 3(b)(2)

section 3(b)(3)

9. Priavte investment companies

section 3(c)(1)

10. Underwriters, brokers, makert maker and swap dealers

section 3(c)(2)

11. Banks and savings and loan associations

section 3(c)(3)

12. Bank common trust funds

section 3(c)(3)

13. Credit unions and other consumer financing agencies

section 3(c)(3) and 3(c)(4)

14. Insurance companies

section 3(b)(3)

15. Commercial financing and mortgage banking businesses

section 3(c)(5)

16. Bank, insurance and similar holding companies and diversified operating and holding companies

section 3(c)(6)

17. Qualified purchaser funds

section 3(c)(7)

18. Oil and gas funds

section 3(c)(9)

19. Charitable, religious, and similar organizations

section 3(c)(10)

20. Qualified pension, governmental and similar plans

section 3(c)(11)

21. Church issuers statutorily excepted

section 3(c)(8), 3(c)(12) and 3(c)(13)

23. Transactions merely incidental to dissolution

section 7(A)and 7(B)

24. The 45-percent asset and income tests

rule 3a-1

25. transient investment compaines

rule 3a-2

26. Certain investment companies owned by noninvestment companies

rule 3a-3

27. Wrap fee and other investment advisory programs

rules 3a-4

28. Finance subsidiaries

rule 3a-5

29. Foreign banks and foreign insurance companies

rule 3a-6

30. Issuers of asset-backed securities

rule 3a-7

31. Research and development companies

rule 3a-8

32. Pools holding securities issued by gorernmental units or entities and custodial receipt programs

33. Ownership of the participations in bank and insurance instruments

34. Commodity pools

35. Employee benefit plans

36. two-tier limited partnerships

37. Exemptions for the United States, States and political subdivisions

section 2(b)

38. Companies formed and operating in United States possessions

section 6(a)(1)

39. Certain other companies exempted from the act

section 6(a)(2), 6(a)(3) and 6(a)(4)

40 Economic, business and industrial development companies

section 6(a)(5)

Employees' securities companies

section 6(b)

42. Intrastate closed-end investment compaines

section 6(d) and rule 6d-1