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Investment Clubs


Are investment clubs regulated by the SEC?


Are investment clubs regulated by the SEC?

Investment clubs usually do not have to register, or register the offer and sale of their own membership interests, with the SEC. But since each investment club is unique, each club should decide if it needs to register and comply with securities laws.

We'll discuss two securities laws that might apply to investment clubs:

  • Under the Securities Act of 1933, membership interests in the investment club may be securities. If so, the offer and sale of membership interests could be subject to Federal regulation.
     
  • Under the Investment Company Act of 1940, an investment club may be an investment company, and regulated.

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Investment Clubs and the SEC

What is an investment club?

Are investment clubs regulated by the SEC?

When does an investment club have to register the offer and sale of its membership interests with the SEC under the Securities Act of 1933?

When does an investment club have to register with the SEC as an investment company under the Investment Company Act of 1940?

How do you know if an investment club is making a public offering?

Do securities laws apply to a person who provides advice to an investment club?

Do states regulate investment clubs?