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SEC Staff Takes No-Action Position Regarding Closed-End Funds’ Use of State Control Share Statutes

On May 27, 2020, the SEC’s Division of Investment Management published a statement (the “Statement”) that, effective immediately, withdraws the 2010 Boulder Total Return Fund no-action letter (the “Boulder Letter”), which concerned the interaction between Section 18(i) of the 1940 Act and a state control share acquisition statute (a “Control Share Statute”), and replaces the Boulder Letter with a new no-action position.

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Implications of the Decision Vacating the 'Broker's Exception' Rule


Time to Read: 1 minutes Practices: Investment Management

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In March 2007, the D.C. Court of Appeals vacated Rule 202(a)(11)-1 under the Investment Advisers Act of 1940, as amended, on the grounds that the SEC lacked statutory authority to adopt the rule. The SEC is awaiting the results of a study of the financial products offered by broker-dealers and investment advisers before proposing new rules in the area. The D.C. Circuit decision and the SEC's actions have important implications both for the ability of the SEC to promulgate future rules and for the operation of the brokerage and advisory industries. To learn more about these implications, please read Ropes & Gray's client advisory by clicking on "Download PDF."

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