What is the rule 18f 1 of the Investment Company Act?
Rule 18f-1 allows investment funds to limit their redemptions in kind, which is an exemption from Rule 18f of the Investment Company Act of 1940. Redemption in kind refers to honoring redemptions with assets other than cash.
Rule 18f–1 (17 CFR 270.18f–1) enables a registered open-end management investment company (“fund”) that may redeem its securities in-kind, by making a one-time election, to commit to make cash redemptions pursuant to certain requirements without violating section 18(f) of the Investment Company Act of 1940 (15 U.S.C.
Rule 18f-1 enables a registered open-end management investment company that may redeem its securities in kind to elect to commit to make limited cash redemptions without violating section 18(f)(1) of the Investment Company Act of 1940. Form N-18F-1 provides notification of this election.
Section 18(f)(1) prohibits an open-end investment company from issuing any class of senior security, or selling any class of senior security of which it is the issuer, except that the investment company may borrow from a bank provided that immediately after any such borrowing there is asset coverage of at least 300% ...
Pursuant to Rule 18f-3 under the Investment Company Act of 1940, as amended (the “1940 Act”), this Rule 18f-3 Multi-Class Plan (the “Plan”) sets forth the method for allocating fees and expenses among each class of shares in the separate investment portfolios (the “Funds”) of The Arbitrage Funds (the “Trust”).
Central to SEC Rule 18f-4 is a program requirement: Funds must implement a Derivative Risk Management Program, governed by explicit policies and procedures, and appoint a Derivatives Risk Manager, as a role separate from Portfolio Manager.
Rule 18f-4 provides additional information regarding compliance requirements. Topics include: Reverse repurchase agreements and similar financing transactions. Alternatives for certain leveraged/inverse funds. New recordkeeping obligations.
The Investment Company Act of 1940 is an act of Congress that regulates the formation of investment companies and their activities. The legislation in the Investment Company Act of 1940 is enforced and regulated by the Securities and Exchange Commission (SEC).
A “senior security” is broadly defined under Section 18(g) as any bond, debenture, note, or simi- lar obligation, and any stock of a class having prior- ity over any other class as to the distribution of assets or payment of dividends.
The 1940 Act requires investment companies to have minimum debt and total leverage (debt and preferred stock) coverage ratios of 300% and 200%, respectively, at the time of a common stock dividend declaration.
What is the 300 asset coverage requirement?
It shall be unlawful for any registered open-end company to issue any class of senior security or to sell any senior security of which it is the issuer, except that any such registered company shall be permitted to borrow from any bank: Provided, That immediately after any such borrowing there is an asset coverage of ...
Section 17(f)(2) of the Investment Company Act authorizes the Commission to adopt rules that establish conditions under which a "registered management company or any ... custodian" may deposit securities with a securities depository.
The current names rule generally requires that if a fund's name suggests a focus in a particular type of investment, or in investments in a particular industry or geographic focus, the fund must adopt a policy to invest at least 80% of the value of its assets in the type of investment, or in investments in the industry ...
3(c)(1) In other words, 3C1 allows private funds with 100 or fewer investors (and venture capital funds with fewer than 250 investors) and no plans for an initial public offering to sidestep SEC registration and other requirements, including ongoing disclosure and restrictions on derivatives trading.
The amount of regulatory leverage is limited by the Investment Company Act of 1940 to a maximum of 50% and 33 1/3% of overall fund assets for preferred shares and debt, respectively, at the time of issuance.
The 10-year-equivalent measure of Market Exposure for a position is simply the quantity of 10-year bonds that has the same Market Exposure (where the market is the 10-year bond) as does the position itself.
5 Leveraged mutual funds, therefore, seek to split the difference between these two asset classes by using a smaller amount of leverage while employing less traditional tactics, such as shorting and arbitrage strategies. By law, the maximum amount of leverage a mutual fund can use is 33.33% of its portfolio value.
What Is the 6c-11 Rule for ETFs? Rule 6c-11 allows open-end funds to operate without obtaining an exemptive order. ETFs that rely on rule 6c-11 are eligible for the "redeemable securities" and "registered open-end investment company" exemptions.
Registration Standards (state/federal)
Advisers who have at least $100 million “Regulatory Assets Under Management” (or “RAUM”) are required to register with the SEC.
Section 7(d) of the Investment Company Act prohibits a US public offering of securi- ties issued by a non-US investment company.
What is the difference between the investment advisers Act and the Investment Company Act?
The 1940 Act regulates open- and closed-end investment companies, as well as their investment advisers and principal underwriters. The Advisers Act regulates investment advisers.
Section 17(a)(1) prohibits Issuer from knowingly selling securities to Fund A (its second- tier affiliate) in a principal transaction.
18Articles of association
(1)A company must have articles of association prescribing regulations for the company. (2)Unless it is a company to which model articles apply by virtue of section 20 (default application of model articles in case of limited company), it must register articles of association.
§ 270.17a-8 Mergers of affiliated companies. (a) Exemption of affiliated mergers. A Merger of a registered investment company (or a series thereof) and one or more other registered investment companies (or series thereof) or Eligible Unregistered Funds is exempt from sections 17(a)(1) and (2) of the Act (15 U.S.C.
Section 57(o) of the 1940 Act defines “required majority,” when used with respect to the approval of a proposed transaction, plan, or arrangement, as both a majority of a BDC's directors or general partners who have no financial interest in such transaction, plan, or arrangement and a majority of such directors or ...
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