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11 The new bill was passed unanimously by both houses, and the Investment Company Act was signed into law by President Roosevelt on August 23, 1940. As closed-end funds hoped, the next major tax law, the Revenue Act of 1942, extended conduit tax treatment to closed-end funds. ” Many observers credited the fund industry with great statesmanship for supporting enactment of the Investment Company Act. For example, on July 2, 1941, the industry sponsored a dinner in honor of David Schenker on his retirement from the SEC, and Leslie Gould, a leading financial columnist, wrote, “The trust people got together and worked out with the SEC and Congress .

The 1934 act gave the Federal Reserve Board the authority to establish margin requirements. The 1934 act gave the SEC some (but not all) of the direct federal control over the exchanges that the New Dealers sought. The final results reflected a number of ironies. • Senator Glass proposed creation of a new commission so that it, rather than the Fed, would have authority over margin. But the 1934 act lodged margin authority in the Fed. • The exchanges sought creation of a new commission because they feared regulation by FTC officials.

The act sought to ensure that a mutual fund would be an investment company, rather than an operating company, by mandating that it derive at least 95 percent of its income from dividends, interest, and gains on the sale of securities. To guarantee that fund shareholders would pay tax, the law required that the fund distribute at least 90 percent of its income to shareholders as taxable dividends during the current year. The 1936 act also contained tests that reflected New Deal regulatory concerns.

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