15 USC Sec. 80a-39 01/05/2009
TITLE 15 - COMMERCE AND TRADE
CHAPTER 2D - INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER I - INVESTMENT COMPANIES
Sec. 80a-39. Procedure for issuance of orders
(a) Notice and hearing
Orders of the Commission under this subchapter 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.
(b) Application verified under oath admissible as evidence
The Commission may provide, by appropriate rules or regulations,
that an application verified under oath may be admissible in
evidence in a proceeding before the Commission and that the record
in such a proceeding may consist, in whole or in part, of such
In any proceeding before the Commission, the Commission, in
accordance with such rules and regulations as it may prescribe,
shall admit as a party any interested State or State agency, and
may admit as a party any representative of interested security
holders, or any other person whose participation in the proceeding
may be in the public interest or for the protection of investors.
(Aug. 22, 1940, ch. 686, title I, Sec. 40, 54 Stat. 842; Pub. L. 86-
507, Sec. 1(15), June 11, 1960, 74 Stat. 201.)
1960 - Subsec. (a). Pub. L. 86-507 inserted "or certified mail"
after "registered mail".
TRANSFER OF FUNCTIONS
For transfer of functions of Securities and Exchange Commission,
with certain exceptions, to Chairman of such Commission, see Reorg.
Plan No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out under section 78d of this title.