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U.S. Code as of:
01/19/04
Section 79e. Registration of holding companies
(a) Notification of registration; effective date of registration
On or at any time after October 1, 1935, any holding company or
any person purposing to become a holding company may register by
filing with the Commission a notification of registration, in such
form as the Commission may by rules and regulations prescribe as
necessary or appropriate in the public interest or for the
protection of investors or consumers. A person shall be deemed to
be registered upon receipt by the Commission of such notification
of registration.
(b) Registration statement; contents
It shall be the duty of every registered holding company to file
with the Commission, within such reasonable time after registration
as the Commission shall fix by rules and regulations or order, a
registration statement in such form as the Commission shall by
rules and regulations or order prescribe as necessary or
appropriate in the public interest or for the protection of
investors or consumers. Such registration statement shall include -
(1) such copies of the charter or articles of incorporation,
partnership, or agreement, with all amendments thereto, and the
bylaws, trust indentures, mortgages, underwriting arrangements,
voting-trust agreements, and similar documents, by whatever name
known, of or relating to the registrant or any of its associate
companies as the Commission may by rules and regulations or order
prescribe as necessary or appropriate in the public interest or
for the protection of investors or consumers;
(2) such information in such form and in such detail relating
to, and copies of such documents of or relating to, the
registrant and its associate companies as the Commission may by
rules and regulations or order prescribe as necessary or
appropriate in the public interest or for the protection of
investors or consumers in respect of -
(A) the organization and financial structure of such
companies and the nature of their business;
(B) the terms, position, rights, and privileges of the
different classes of their securities outstanding;
(C) the terms and underwriting arrangements under which their
securities, during not more than the five preceding years, have
been offered to the public or otherwise disposed of and the
relations of underwriters to, and their interest in, such
companies;
(D) the directors and officers of such companies, their
remuneration, their interest in the securities of, their
material contracts with, and their borrowings from, any of such
companies;
(E) bonus and profit-sharing arrangements;
(F) material contracts, not made in the ordinary course of
business, and service, sales, and construction contracts;
(G) options in respect of securities;
(H) balance sheets for not more than the five preceding
fiscal years, certified, if required by the rules and
regulations of the Commission, by an independent public
accountant;
(I) profit and loss statements for not more than the five
preceding fiscal years, certified, if required by the rules and
regulations of the Commission, by an independent public
accountant;
(3) such further information or documents regarding the
registrant or its associate companies or the relations between
them as the Commission may by rules and regulations or order
prescribe as necessary or appropriate in the public interest or
for the protection of investors or consumers.
(c) Preliminary registration statement prior to complete statement
The Commission by such rules and regulations or order as it deems
necessary or appropriate in the public interest or for the
protection of investors or consumers, may permit a registrant to
file a preliminary registration statement without complying with
the provisions of subsection (b) of this section; but every
registrant shall file a complete registration statement with the
Commission within such reasonable period of time as the Commission
shall fix by rules and regulations or order, but not later than one
year after the date of registration.
(d) Cessation of existence as holding company
Whenever the Commission, upon application, finds that a
registered holding company has ceased to be a holding company, it
shall so declare by order and upon the taking effect of such order
the registration of such company shall, upon such terms and
conditions as the Commission finds and in such order prescribes as
necessary for the protection of investors, cease to be in effect.
The denial of any such application by the Commission shall be by
order.
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