Page:United States Statutes at Large Volume 54 Part 1.djvu/885

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 68 --AUG. 22, 1940 enjoined by an order, judgment or decree of the character described in paragraph (2) of subsection (d) and in each case the facts relating to such conviction or injunction; and (2) a statement as to whether such investment adviser is engaged or is to engage primarily in the business of rendering investment supervisory services. Except as hereinafter provided, such registration shall become effective thirty days after receipt of such application by the Commission, or within such shorter period of time as the Commission may determine. Any amendment of an application filed not more than fifteen days after the filing of such application shall be deemed to have been filed with and as a part of such application. Any amendment of an appli- cation filed more than fifteen days after the filing of such application and before such application becomes effective shall be deemed a new application incorporating by reference the unamended items of the earlier application. Any amendment filed after the application has become effective shall become effective thirty days after the filing thereof, or at such earlier date as the Commission may order. (d) The Commission after hearing may by order deny registration to or revoke or suspend the registration of an applicant under this section, if the Commission finds that such denial, revocation, or sus- pension is in the public interest and that such investment adviser or any partner, officer, director, person performing similar function, or controlling person thereof- (1) within ten years of the issuance of such order, has been con- victed of any felony or misdemeanor involving the purchase or sale of any security or arising out of any conduct or practice of such investment adviser or affiliated person as an investment adviser, underwriter, broker, or dealer, or as an affiliated person or employee of any investment company, bank, or insurance company; (2) at the time of the issuance of such order, is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction from acting as an investment adviser, underwriter, broker, or dealer, or as an affiliated person or employee of any investment company, bank, or insurance com- pany, or from engaging in or continuing any conduct or practice in connection with any such activity or in connection with the pur- chase or sale of any security or (3) has violated the provisions of section 207 of this title. (e) The commencement of a proceeding to deny registration under this section shall not operate to postpone the effective date of regis- tration unless the Commission shall find that such postponement is necessary in the public interest and shall so order, but no such order shall operate to postpone such effective date for more than three months. (f) Any successor to the business of an investment adviser regis- tered under this section shall be deemed likewise registered here- under, if within thirty days from its succession to such business it shall file an application for registration under this section, unless and until the Commission, pursuant to subsection (d) of this section, shall deny registration to or revoke or suspend the registration of such successor. (g) Any person registered under this section may, upon such terms and conditions as the Commission finds necessary in the public interest or for the protection of investors, withdraw from registra- tion by filing a written notice of withdrawal with the Commission. If the Commission finds that any person registered under this sec- 851 Statement as to primary business. Effective date of registration. Amendments. Denial, revocation, etc., for cause. Postponement of effective date of regis- tration. Successor to busi- ness. Withdrawal from registration. Cancelation.