Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 6-08 -- Special Provisions Applicable to the Statements of Operations of Issuers of Face-Amount Certificates

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1. Investment income. State separately income from



(a) interest on mortgages;


(b) interest on securities;


(c) dividends;


(d) rental income; and


(e) other investment income.


If income from investments in or indebtedness of affiliates is included hereunder, such income shall be segregated under an appropriate caption subdivided to show separately income from



(1) controlled companies; and


(2) other affiliates.



If non-cash dividends are included in income, the bases of recognition and measurement used in respect to such amounts shall be disclosed. Any other category of income which exceeds five percent of the total shown under this caption shall be stated separately.



2. Investment expenses.



(a) State separately the total amount of investment advisory, management and service fees, and expenses in connection with research, selection, supervision, and custody of investments. Amounts of expenses incurred from transactions with affiliated persons shall be disclosed together with the identity of and related amount applicable to each such person accounting for five percent or more of the total expenses shown under this caption together with a description of the nature of the affiliation. Expenses incurred within the person 5 own organization in connection with research, selection and supervision of investments shall be stated separately. Reductions or reimbursements of management or service fees shall be shown as a negative amount or as a reduction of total expenses shown under this caption.


(b) State separately any other expense item the amount of which exceeds five percent of the total expenses shown under this caption.


(c) A note to the financial statements shall include information concerning management and service fees, the rate of fee, and the base and method of computation. State separately the amount and a description of any fee reductions or reimbursements representing



(1) expense limitation agreements or commitments; and


(2) offsets received from broker-dealers showing separately for each amount received or due from



(i) unaffiliated persons; and


(ii) affiliated persons.



If no management or service fees were incurred for a period, state the reason therefor.


(d) If any expenses were paid otherwise than in cash, state the details in a note.


(e) State in a note to the financial statements the amount of brokerage commissions (including dealer markups) paid to affiliated broker-dealers in connection with purchase and sale of investment securities.



3. Interest and amortization of debt discount and expense.


4. Provision for certificate reserves. State separately any provision for additional credits, or dividends, or interests, in addition to the minimum maturity or face amount specified in the certificates. State also in an appropriate manner reserve recoveries from surrenders or other causes.


5. Investment income before income tax expense.


6. Income tax expense. Include under this caption only taxes based on income.


7. Investment income-net.


8. Realized gain (loss) on investments-net.



(a) State separately the net realized gain or loss on transactions in



(1) investment securities of unaffiliated issuers,


(2) investment securities of affiliated issuers, and


(3) other investments.



(b) Distributions of capital gains by other investment companies shall be shown separately under this caption.


(c) State separately any



(1) Federal income taxes and


(2) other income taxes applicable to realized gain (loss) on investments, distinguishing taxes payable currently from deferred income taxes.



9. Net income or loss.

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