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H. Rept. 115-103 1 (2017-05-01)

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                   115TH CONGRESS                                      REPORT
                      1st Session   HOUSE OF REPRESENTATIVES          115-103





                    U.S. TERRITORIES INVESTOR PROTECTION ACT OF 2017



                    MAY 1, 2017.-Committed to the Committee of the Whole House on the State of the
                                      Union and ordered to be printed


                      Mr. HENSARLING, from the Committee on Financial Services,
                                       submitted the following


                                          REPORT

                                          [To accompany H.R. 1366]

                            [Including cost estimate of the Congressional Budget Office]
                     The Committee on Financial Services, to whom was referred the
                   bill (H.R. 1366) to amend the Investment Company Act of 1940 to
                   terminate an exemption for companies located in Puerto Rico, the
                   Virgin Islands, and any other possession of the United States, hav-
                   ing considered the same, report favorably thereon without amend-
                   ment and recommend that the bill do pass.

                                       PURPOSE AND SUMMARY
                     Introduced by Representative Nydia Velasquez on March 6, 2017,
                   H.R. 1366, the U.S. Territories Investor Protection Act of 2017,
                   amends Section 6(a)(1) of the Investment Company Act of 1940 to
                   terminate an exemption for investment companies located in Puer-
                   to Rico, the Virgin Islands, and any other possession of the United
                   States. Under current law, such companies are exempt from reg-
                   istration under the Act provided that their shares are sold solely
                   to the residents of the territory or possession in which they are lo-
                   cated. The bill provides an automatic three-year safe harbor for in-
                   vestment companies that currently enjoy this exemption. Addition-
                   ally, the bill authorizes the SEC to further delay the effective date
                   (or end of the exemption) for a maximum of three years following
                   the initial three year safe harbor.

                               BACKGROUND AND NEED FOR LEGISLATION
                     When Congress enacted the Investment Company Act of 1940, it
                   was prohibitively expensive and logistically difficult for SEC per-
                   sonnel to travel and inspect investment companies located in cer-
                      69-006

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