Securities Lawyer's Deskbook
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Investment Company Act of 1940

Section 19 -- Payments or Distributions

  1. Dividends; restriction; exception. It shall be unlawful for any registered investment company to pay any dividend, or to make any distribution in the nature of a dividend payment, wholly or partly from any source other than--

    1. such company's accumulated undistributed net income, determined in accordance with good accounting practice and not including profits or losses realized upon the sale of securities or other properties; or

    2. such company's net income so determined for the current or preceding fiscal year;

    unless such payment is accompanied by a written statement which adequately discloses the source or sources of such payment. The Commission may prescribe the form of such statement by rules and regulations in the public interest and for the protection of investors.

  2. Long-term capital gains; limitation. It shall be unlawful in contravention of such rules, regulations, or orders as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors for any registered investment company to distribute long-term capital gains, as defined in the Internal Revenue Code of 1954 [26 USCS § § 1 et seq.], more often than once every twelve months.

Legislative History

Aug. 22, 1940, ch 686, Title I, § 19, 54 Stat. 821; Dec. 14, 1970, P.L. 91-547, § 11, 84 Stat. 1422.

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