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INVESTMENT COMPANIES

HEARINGS

BEFORE A

SUBCOMMITTEE OF THE

COMMITTEE ON BANKING AND CURRENCY
Congress
UNITED STATES SENATE

SEVENTY-SIXTH CONGRESS

THIRD SESSION

ON

S. 3580

A BILL TO PROVIDE FOR THE REGISTRATION AND
REGULATION OF INVESTMENT COMPANIES AND
INVESTMENT ADVISERS, AND FOR
OTHER PURPOSES

PART 2

APRIL 12, 15, 16, 17, 18, 19, 22, 23, 24, 25 and 26, 1940

Printed for the use of the Committee on Banking and Currency

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Bane, Baldwin B., director of the Registration Division, Securities and
Exchange Commission _ _-

835

584

Statement of-Continued.

Myers, John Sherman, vice president of Lord, Abbett & Co., Inc.,
president of American Business Shares, Inc., and vice president of
Affiliated Fund, Inc...

O'Hearn, Charles M., vice president and director of Clarke, Sinsa-
baugh & Co., New York City.

Orr, James H., president, Railway & Light Securities Co., Boston,
Mass.

Page

605

713

631 545

370, 441

Parker, William A., president, Incorporated Investors, Boston, Mass-
Quinn, Cyril J. C., vice president, Tricontinental Corporation and
partner of J. & W. Seligman & Co., New York City.
Rose, Dwight C., partner of Brundage, Story & Rose, New York
City, and president, Investment Counsel Association of America__
Sanders, David T., resident manager and wholesale representative in
Chicago of Massachusetts Distributors, Inc.

Schenker, David, Chief Counsel, Investment Trust Study, Securities
and Exchange Commission....

723

528

802, 866, 971

Smith, L. M. C., associate counsel, Investment Trust Study, Securities
and Exchange Commission.
Sprague, Oliver M. W., Boston, Mass.-

Standish, Alexander, president, Standish, Racey, & McKay, Inc.,
Boston, Mass__

Taliaferro, Richard N., president, Fidelity Fund, Inc., Boston, Mass.-
Traylor, Mahlon, president, Massachusetts Distributors, Inc., of
Boston, Mass.

783

560

718

547

451, 514

Vass, Laurence C., statistician, Securities and Exchange Commission..
Wagner, Richard, president, The Chicago Corporation, Chicago, Ill..
Werntz, William W., chief accountant, Securities and Exchange Com-
mission...

White, James N., Scudder, Stevens & Clark, investment counsel,
Boston, Mass.

Exhibits:

Memoranda submitted by Arthur H. Bunker..

Letters to stockholders of National Bond & Share Corporation submitted by F. Wilder Bellamy.

821

682

906

700, 755

350, 399, 406

423

Memorandum submitted by Mahlon E. Traylor, entitled "Investment
Trust Classification".

459

Memorandum submitted by Paul C. Cabot entitled, "Sixteenth
Annual Report, State Street Investment Corporation, Boston,
Mass."

464

Pamphlet submitted by Paul C. Cabot, entitled, "The Investment
Trust"

470

List of trustees and members of the advisory board of Maccachusetts
Investors Trust, submitted by Merrill Griswold___
Memorandum submitted by Richard N. Taliaferro, entitled, “Q-3
Application for Qualification of Investment Trust Shares".
Letters submitted by Richard N. Taliaferro_-

508

548

554

Memorandum submitted by Senator Downey in behalf of Henry S.
McKee, president, Pacific Southern Investors, Inc., and American
Capital Corporation of Los Angeles-

565

Comparative statement of capital surplus and dividends, of the Boston
Personal Property Trust, submitted by Harvey H. Bundy-
Chart submitted by James H. Orr, entitled "Railway & Light Securi-
ties Co., Percent Asset Coverage per Outstanding Bond at Par for
Determining Dividend payments Under Investment Company
Act of 1940".

626

633

Code of Fair Competition for Investment Bankers, submitted by
James H. Orr..

641

Statement of S. L. Sholley, president, Keystone Custodian Funds, Inc.,
Boston, Mass..

663

Memorandum submitted by Francis I. Amory, vice president, and
E. Roy Kittredge, treasurer, General Capital Corporation..
Memorandum submitted by Malcolm W. Greenough, president,
Boston Metal Investors, Inc. --

665

575

Letter addressed to Hon. Robert F. Wagner by Donald B. Litchard, president, Bay State Fund, Inc..

675

Memorandum submitted by Donald Holbrook, Boston, Mass.

676

Exhibits-Continued.

Memorandum submitted by John H. Sherburne, chairman, board of
trustees, General Investors Trust.

Chart submitted by Robert H. Loomis entitled "Loomis-Sayles
Mutual Fund".

Chart submitted by Robert H. Loomis entitled "Loomis-Sayles
Second Fund".

Page

677

709

710

Code of Professional Practice of Investment Counsel Association of
America submitted by Dwight C. Rose--

Form of application for membership, of the Investment Counsel
Association of America submitted by Dwight C. Rose____
Statement submitted by R. V. Fletcher, general counsel of Associa-
tion of America Railroads _ _

Statement of Prof. E. Merrick Dodd, Jr., Harvard Law School..
Table submitted by S. E. C. entitled "Table 1, Investment Com-
panies in Receivership or Bankruptcy, 1927-35"-
Memorandum submitted by Securities and Exchange Commission
entitled "General Management Investment Trust and Investment
Companies Which Did Not File Either Questionnaires or Summary
Statements and so forth".

Memorandum submitted by Securities and Exchange Commission on
investment company performance.

Chart submitted by Securities and Exchange Commission entitled "Investors' Experience in Management Investment-Holding Companies (1927-35)_.

726

727

776

778

784

788

811

822

Chart submitted by Securities and Exchange Commission entitled "Investors experience in management Investment Companies Proper" (1927–35)_.

823

Letters pertaining to Massachusetts Distributors, Inc., submitted by
Securities and Exchange Commission...

849

Memorandum submitted by Securities and Exchange Commission
containing analysis of banking laws of certain States-
Letter addressed to Hon. Robert F. Wagner by Chester Morrill, Secre-
tary, Federal Reserve Board, enclosing correspondence between
Board and Securities and Exchange Commission....
Memoranda submitted by Securities and Exchange Commission in
reference to "Conferences with Representatives of Industry"-
Memorandum submitted by Securities and Exchange Commission on
"Recurrent Promotions" (sec. 11).

875

925

941

951

957

968

Chart submitted by Securities and Exchange Commission entitled
"Net Sales of Investment Companies in Bullock Group".
Memorandum submitted by Securities and Exchange Commission
"Compilation of Statutory Provisions Respecting Dividends (1939)".
Memorandum submitted by Securities and Exchange Commission
entitled "Statement of Securities and Exchange Commission with
reference to Section 25 of the Proposed Investment Company Bill".
Memorandum submitted by the Securities and Exchange Commission
entitled "Redemption Provision of Open-End Companies".
Memorandum submitted by Securities and Exchange Commission
entitled "State Regulation of Investment Counsel Firms".
Memorandum submitted by Securities and Exchange Commission
entitled "Statutory Regulation of Investment Counselors, by
research department, Illinois Legislative Council"
Memorandum submitted by Securities and Exchange Commission en-
titled "Constitutionality of Section 18 (d) of the Investment
Company Bill"

Memorandum submitted by Securities and Exchange Commission
entitled "Federal Power to Regulate Investment Advisers".
Memorandum submitted by Securities and Exchange Commission
entitled "Provisions of the Proposed Bill Relating to Capital
Structure (secs. 18, 19b, and 21c)".

976

986

997

1005

1018

1023

1026

Editorial submitted by Securities and Exchange Commission from "Christian Science Monitor, dated March 20, 1940".

1045

Editorial submitted by Securities and Exchange Commission from "Springfield (Mass.) Republican, dated April 17, 1940"

1046

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