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Contents

1. Necessity for control of holding companies.--

2. Definitions.---

3. Power to make particular exemptions regarding holding companies, subsidiary companies, and affiliates

4. Transactions by unregistered holding companies---

5. Registration of holding companies---

6. Unlawful security transactions by registered holding and subsidiary companies---

7. Declarations by registered holding and subsidiary companies in respect of security transactions.

8. Acquiring interest in electric and gas utility companies serving same territory

9. Acquisition of securities and utility assets and other interests ---

10. Approval of acquisition of securities and utility assets and other interests..

11. Simplification of holding-company systems.

12. Intercompany loans; dividends; security transactions; sale of utility assets; proxies; other transactions.---

13. Service, sales, and construction contracts -

14. Periodic and other reports

15. Accounts and records ---

16. Liability for misleading statements --

17. Officers, directors, and other affiliates

18. Investigations; injunctions, enforcement of title, and prosecution of offenses.-

19. Hearings by Commission..

20. Rules, regulations, and orders.--

21. Effect on existing law----

22. Information filed with the Commission.

23. Annual reports of Commission.--

24. Court review of orders.----

25. Jurisdiction of offenses and suits..

26. Validity of contracts...

27. Liability of controlling persons; preventing compliance with title-

28. Unlawful representations.-

29. Penalties.-

30. Study of public-utility and investment companies..

31. Employees of the Commission...

32. Separability of provisions.

33. Short title.

318.

29

PUBLIC UTILITY HOLDING COMPANY ACT

OF 1935

[PUBLIC—No. 333—74th CONGRESS) ]

[S. 2796]

AN ACT

AS AMENDED JUNE 4, 1975 P.L. 94–29 To provide for control and regulation of public-utility holding companies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Public Utility Act of 1935."

*

TITLE I-CONTROL OF PUBLIC-UTILITY HOLDING COMPANIES

Necessity for Control of Holding Companies

Sec. 1. (a) Public-utility holding companies and their subsidiary companies are affected with a national public interest in that, among other things, (1) their securities are widely marketed and distributed by means of the mails and instrumentalities of interstate commerce and are sold to a large number of investors in different States; (2) their service, sales, construction, and other contracts and arrangements are often made and performed by means of the mails and instrumentalities of interstate commerce; (3) their subsidiary public-utility companies often sell and transport gas and electric energy by the use of means and instrumentalities of interstate commerce; (4) their practices in respect of and control over subsidiary companies often materially affect the interstate commerce in which those companies engage; (5) their activities extending over many States are not susceptible of effective control by any State and make difficult, if not impossible, effective State regulation of publicutility companies.

(b) Upon the basis of facts disclosed by the reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session), the reports of the Committee on Interstate and Foreign Commerce, House of Representatives, made pursuant to H. Res. 59 (Seventysecond Congress, first session) and H. J. Res. 572

(Seventy-second Congress, second session) and otherwise disclosed and ascertained, it is hereby declared that the national public interest, the interest of investors in the securities of holding companies and their subsidiary companies and affiliates, and the interest of consumers of electric energy and natural and manufactured gas, are or may be adversely affected

(1) when such investors cannot obtain the information necessary to appraise the financial position or earning power of the issuers, because of the absence of uniform standard accounts; when such securities are issued without the approval or consent of the States having jurisdiction over subsidiary public-utility companies; when such securities are issued upon the basis of fictitious or unsound asset values having no fair relation to the sums invested in or the earning capacity of the properties and upon the basis of paper profits from intercompany transactions, or in anticipation of excessive revenues from subsidiary public-utility companies; when such securities are issued by a subsidiary public-utility company under circumstances which subject such company to the burden of supporting an overcapitalized structure and tend to prevent voluntary rate reductions;

* Approved August 26, 1935, 49 Stat. 803, 15 U. S. C. 79a et seq. Only Title I of this Act is printed herewith. Title II containing the amendments to the Federal Water Power Act is administered by the Federal Power Commission. (Note. See p. 29.)

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