Securities Lawyer's Deskbook
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The
Investment Advisers Act of 1940





Section 211 -- Rules, Regulations, and Orders of Commission


  1. Power of Commission. The Commission shall have authority from time to time to make, issue, amend, and rescind such rules and regulations and such orders as are necessary or appropriate to the exercise of the functions and powers conferred upon the Commission elsewhere in this title. For the purposes of its rules or regulations the Commission may classify persons and matters within its jurisdiction and prescribe different requirements for different classes of persons or matters.

  2. Effective date of regulations. Subject to the provisions of chapter 15 of title 44, United States Code [44 USCS §§ 1501 et seq.], and regulations prescribed under the authority thereof, the rules and regulations of the Commission under this title, and amendments thereof, shall be effective upon publication in the manner which the Commission shall prescribe, or upon such later date as may be provided in such rules and regulations.

  3. Orders of Commission after notice and hearing; type of notice. Orders of the Commission under this title shall be issued only after appropriate notice and opportunity for hearing. Notice to the parties to a proceeding before the Commission shall be given by personal service upon each party or by registered mail or certified mail or confirmed telegraphic notice to the party's last known business address. Notice to interested persons, if any, other than parties may be given in the same manner or by publication in the Federal Register.

  4. Good faith compliance with rules and regulations. No provision of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or order of the Commission, notwithstanding that such rule, regulation, or order may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.


Legislative History


Aug. 22, 1940, ch 686, Title II, § 211, 54 Stat. 855; June 11, 1960, P.L. 86-507, § 1(16), 74 Stat. 201; Sept. 13, 1960, P.L. 86-750, § 14, 74 Stat. 888; Dec. 4, 1987, P.L. 100-181, Title VII, § 705, 101 Stat. 1264.


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