Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 2a-1 -- Valuation of Portfolio Securities in Special Cases

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1. Any investment company whose securities are qualified for sale, or for whose securities application for such qualification has been made, in any State in which the securities owned by such company are required by applicable State law or regulations to be valued at cost or on some other basis different from that prescribed by clause (A) of Section 2(a)(41) of the Act for the purpose of determining the percentage of its assets invested in any particular type or classification of securities or in the securities of any one issuer, may, in valuing its securities for the purposes of Sections 5 and 12 of the Act, use the same basis of valuation as that used in complying with such State law or regulations in lieu of the method of valuation prescribed by clause (A) of Section 2(a)(4)1 of the Act.
2. Any open-end company which has heretofore valued its securities at cost for the purpose of qualifying as a "mutual investment company" under the Internal Revenue Code, prior to its amendment by the Revenue Act of 1942, shall henceforth, for the purposes of Sections 5 and 12 of the Act, value its securities in accordance with the method prescribed in clause A of Section 2(a)(41) of the Act, unless such company is permitted under paragraph (a) of this Rule to use a different method of valuation.

3. A registered investment company which has adopted for the purposes of Sections 5 and 12 of the Act a method of valuation permitted by paragraph (a) of this Rule, shall state in its registration statement filed pursuant to Section 8 of the Act, or in a report filed pursuant to Section 30 of the Act, the method of valuation adopted and the facts which justify the adoption of such method. A registered investment company which has adopted for the purposes of Sections 5 and 12 of the Act a method of valuation permitted by paragraph (a) of this Rule, unless it shall have adopted such method for the purpose or partly for the purpose of qualifying as a "mutual investment company" under the Internal Revenue Code, shall continue to use that method until it has notified the Commission of its desire to use a different method, and has received from the Commission permission for such change. Such permission may be made effective on a fixed date or within such reasonable time thereafter as may be deemed advisable under the circumstances.
   
   
4. If at any time it appears that the method of valuation adopted by any company pursuant to paragraph (a) of this section is no longer justified by the facts, the Commission may require a change in the method of valuation within a reasonable period of time either to the method prescribed in clause A of Section 2(a)(41) of the Act or to some other method permitted by paragraph (a) of this Rule which is justified by the existing facts.

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