Securities Lawyer's Deskbook
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The
Investment Advisers Act of 1940





Section 210 -- Disclosure of Information by Commission


  1. Information available to public. The information contained in any registration application or report or amendment thereto filed with the Commission pursuant to any provision of this title shall be made available to the public, unless and except insofar as the Commission, by rules and regulations upon its own motion, or by order upon application, finds that public disclosure is neither necessary nor appropriate in the public interest or for the protection of investors. Photostatic or other copies of information contained in documents filed with the Commission under this title and made available to the public shall be furnished to any person at such reasonable charge and under such reasonable limitations as the Commission shall prescribe.

  2. Disclosure of fact of examination or investigation; exceptions. Subject to the provisions of subsections (c) and (d) of section 209 of this title and section 24(c) of the Securities Exchange Act of 1934, the Commission, or any member, officer, or employee thereof, shall not make public the fact that any examination or investigation under this title is being conducted, or the results of or any facts ascertained during any such examination or investigation; and no member, officer, or employee of the Commission shall disclose to any person other than a member, officer, or employee of the Commission any information obtained as a result of any such examination or investigation except with the approval of the Commission. The provisions of this subsection shall not apply--

    1. in the case of any hearing which is public under the provisions of section 212; or

    2. in the case of a resolution or request from either House of Congress.

  3. Disclosure by investment adviser of identity of clients. No provision of this title shall be construed to require, or to authorize the Commission to require any investment adviser engaged in rendering investment supervisory services to disclose the identity, investments, or affairs of any client of such investment adviser, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of a provision or provisions of this title.


Legislative History


Aug. 22, 1940, ch 686, Title II, § 210, 54 Stat. 854; Sept. 13, 1960, P.L. 86-750, § 13, 74 Stat. 887; Nov. 15, 1990, P.L. 101-550, Title II, § 202(b)(2), 104 Stat. 2715.


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