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                   114TH CONGRESS                                     REPORT
                      2d Session    HOUSE  OF REPRESENTATIVES         114-673





                    U.S. TERRITORIES INVESTOR PROTECTION ACT OF 2016


                    JULY 11, 2016.-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. 5322]
                     The Committee  on Financial Services, to whom was referred the
                   bill (H.R. 5322) 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 May 25, 2016,
                   H.R. 5322, the U.S. Territories Investor Protection Act of 2016,
                   amends  Section 6(a)(1) of the Investment Company  Act of 1940
                   (Act) to terminate an exemption for investment companies located
                   in Puerto Rico, the Virgin Islands, and any other possession of the
                   United States. Under current law, such companies are exempt from
                   registration 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 a three-year safe harbor for investment compa-
                   nies that currently enjoy this exemption. Additionally, the bill au-
                   thorizes the Securities and Exchange Commission (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-
                      59-006

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