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LegalText 15 U.S.C. § 80b8 General prohibitions us united_states_code code_section 15 COMMERCE AND TRADE 2D INVESTMENT COMPANIES AND ADVISERS 80b8 15 U.S.C. § 80b8 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s80b8 data/legal/raw/us/code/title-15/usc15.xml c059468ef06261ebe3b10f0907a80cd9dfe9ab96ba49faf7ff41c42731fc174b 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 a8501e58c400730dadf9d6867e2ba226f321cfff7f2f3a90d47f3b8b9edee2cb 2026-07-04 official
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15 U.S.C. § 80b8 - General prohibitions

Text

(a) Representations of sponsorship by United States or agency thereof It shall be unlawful for any person registered under section 80b3 of this title to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon by the United States or any agency or any officer thereof.

(b) Statement of registration under Securities Exchange Act of 1934 provisions No provision of subsection (a) shall be construed to prohibit a statement that a person is registered under this subchapter or under the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], if such statement is true in fact and if the effect of such registration is not misrepresented.

(c) Use of name “investment counsel” as descriptive of business It shall be unlawful for any person registered under section 80b3 of this title to represent that he is an investment counsel or to use the name “investment counsel” as descriptive of his business unless (1) his or its principal business consists of acting as investment adviser, and (2) a substantial part of his or its business consists of rendering investment supervisory services.

(d) Use of indirect means to do prohibited act It shall be unlawful for any person indirectly, or through or by any other person, to do any act or thing which it would be unlawful for such person to do directly under the provisions of this subchapter or any rule or regulation thereunder.

(Aug. 22, 1940, ch. 686, title II, § 208, 54 Stat. 853; Pub. L. 86750, §§ 10, 11, Sept. 13, 1960, 74 Stat. 887.)

Notes

Editorial Notes

References in TextThe Securities Exchange Act of 1934, referred to in subsec. (b), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables.

Amendments1960—Pub. L. 86750, § 10, substituted “General prohibitions” for “Unlawful representations” in section catchline. Subsec. (c). Pub. L. 86750, § 11(a), authorized representation as an investment counsel if persons principal business consisted of acting as investment adviser, and a substantial part of the business was rendering investment supervisory services, and struck out the requirements that the person be primarily engaged in rendering investment supervisory services, or that his registration application state that the person is, or is about to become engaged primarily in rendering investment advisory services. Subsec. (d). Pub. L. 86750, § 11(b), added subsec. (d).

Executive Documents

Transfer of Functions For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.