U.S Code last checked for updates: Nov 22, 2024
§ 80a–13.
Changes in investment policy
(a)
Prohibited actions for registered investment companies
No registered investment company shall, unless authorized by the vote of a majority of its outstanding voting securities—
(1)
change its subclassification as defined in section 80a–5(a)(1) and (2) of this title or its subclassification from a diversified to a nondiversified company;
(2)
borrow money, issue senior securities, underwrite securities issued by other persons, purchase or sell real estate or commodities or make loans to other persons, except in each case in accordance with the recitals of policy contained in its registration statement in respect thereto;
(3)
deviate from its policy in respect of concentration of investments in any particular industry or group of industries as recited in its registration statement, deviate from any investment policy which is changeable only if authorized by shareholder vote, or deviate from any policy recited in its registration statement pursuant to section 80a–8(b)(3) of this title; or
(4)
change the nature of its business so as to cease to be an investment company.
(b)
Majority equivalent for common-law trusts
(c)
Limitation on actions
(1)
In general
Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company, or any employee, officer, director, or investment adviser thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by persons that the investment company determines, using credible information available to the public—
(A)
conduct or have direct investments in business operations in Sudan described in section 3(d) of the Sudan Accountability and Divestment Act of 2007 (50 U.S.C. 1701 note); or
(B)
engage in investment activities in Iran described in section 8532(c) of title 22.
(2)
Applicability
(A)
Rule of construction
(B)
Disclosures
(3)
Person defined
(Aug. 22, 1940, ch. 686, title I, § 13, 54 Stat. 811; Pub. L. 91–547, §§ 2(b), 3(d), Dec. 14, 1970, 84 Stat. 1414, 1415; Pub. L. 94–29, § 28(4), June 4, 1975, 89 Stat. 165; Pub. L. 110–174, § 4(a), Dec. 31, 2007, 121 Stat. 2519; Pub. L. 111–195, title II, §§ 203(a), 205(b)(1), July 1, 2010, 124 Stat. 1343, 1345.)
cite as: 15 USC 80a-13