Securities Lawyer's Deskbook
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Rules and Regulations
promulgated
under the
Investment Company Act of 1940





Rule 28b-1 -- Investment in Loans Partially or Wholly Guaranteed Under the Servicemen's Readjustment Act of 1944, as Amended


  1. The term qualified investments as used in section 28(b) of the Investment Company Act of 1940 shall include:

    1. Any loan, any portion of which is guaranteed under Title III of the Servicemen's Readjustment Act of 1944, as amended, and which is secured by a first lien on real estate: Provided, The amount of the loan not so guaranteed does not exceed 66-2/3 percent of the reasonable value of such real estate as determined by proper appraisal made by an appraiser designated by the Administrator of Veterans' Affairs;

    2. Any secondary loan the full amount of which is guaranteed under section 505(a) of Title III of the above mentioned act and which is secured by a second lien on real estate:

      Provided, however, That any such loan shall be deemed a qualified investment only so long as

      1. insurance policies are required to be procured and maintained in an amount sufficient to protect the security against the risks or hazards to which it may be subjected to the extent customary in the locality, and
      2. the loan shall remain guaranteed under Title III of the Servicemen's Readjustment Act of 1944, as amended, to the extent specified in paragraph (a) (1) or (2) of this section, as the case may be.

  2. Loans made pursuant to this section shall be valued at the original principal amount of the loan less all payments made thereon which have been applied to the reduction of such principal amount.

Regulatory History


Rule N-28B-1, 11 FR 6483, June 13, 1946



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