Regulation S-X
 
Rule 6-03
Special Rules of General Application to Registered
Investment Companies
The financial statements filed for persons to which Rules 6-01 to 6-10
are applicable shall be prepared in accordance with the following special
rules in addition to the general rules in Rules 1-01 to 4-10 (Articles
1, 2, 3, and 4). Where the requirements of a special rule differ from
those prescribed in a general rule, the requirements of the special rule
shall be met.
(a) Content of financial statements. The financial
statements shall be prepared in accordance with the requirements of this
part (Regulation S-X) notwithstanding any provision of the articles of
incorporation, trust indenture or other governing legal instruments specifying
certain accounting procedures inconsistent with those required in Rules
6-01 to 6-10. (b) Audited financial statements. Where, under Article
3 of this part, financial statements are required to he audited, the independent
accountant shall have been selected and ratified in accordance with section
32 of the Investment Company Act of 1940. (c) Consolidated and combined statements.
(1) Consolidated and combined statements
filed for registered investment companies shall be prepared in accordance
with Rules 3A-01 to 3A-05 (Article 3A), except that
(i) statements of the registrant may be
consolidated only with the statements of subsidiaries which are investment
companies; (ii) a consolidated statement of the registrant and any of its investment
company subsidiaries shall not be filed unless accompanied by a consolidating
statement which sets forth the individual statements of each significant
subsidiary included in the consolidated statement: Provided, however,
That a consolidating statement need not be filed if all included subsidiaries
are totally held; and (iii) consolidated or combined statements filed for subsidiaries not consolidated
with the registrant shall not include any investment companies unless
accompanied by consolidating or combining statements which set forth the
individual statements of each included investment company which is a significant
subsidiary.
(2) If consolidating or combining statements
are filed, the amounts included under each caption in which financial
data pertaining to affiliates is required to be furnished shall be subdivided
to show separately the amounts
(i) eliminated in consolidation and (ii) not eliminated in consolidation.
(d) Valuation of assets. The balance sheets of
registered investment companies, other than issuers of face-amount certificates,
shall reflect all investments at value, with the aggregate cost of each
category of investment reported under Rules 6-04.1, 6-04.2 and 6-04.3
and of the total investments reported under Rule 6-04.4 or Rule 6-05.1
shown parenthetically. State in a note the methods used in determining
value of investments. As required by section 28(b) of the Investment Company
Act of 1940, "qualified" assets of face-amount certificate companies
shall be valued in accordance with certain provisions of the Code of the
District of Columbia. For guidance as to valuation of securities, see
§ § 404.03 to 404.05 of the Codification of Financial Reporting Policies.
(e) Qualified assets. State in a note the nature of
any investments and other assets maintained or required to he maintained,
by applicable legal instruments, in respect of outstanding face-amount
certificates. If the nature of the qualifying assets and amount thereof
are not subject to the provisions of section 28 of the Investment Company
Act of 1940, a statement to that effect shall he made. (f) Restricted securities. State in a note unless disclosed
elsewhere the following information as to investment securities which
cannot be offered for public sale without first being registered under
the Securities Act of 1933 (restricted securities):
(1) The policy of the person with regard
to acquisition of restricted securities. (2) The policy of the person with regard to valuation of restricted securities.
Specific comments shall be given as to the valuation of an investment
in one or more issues of securities of a company or group of affiliated
companies if any part of such investment is restricted and the aggregate
value of the investment in all issues of such company or affiliated group
exceeds five percent of the value of total assets. (As used in this paragraph,
the term "affiliated" shall have the meaning given in Rule 6-02(a)
of this part.) (3) A description of the person's rights with regard to demanding registration
of any restricted securities held at the date of the latest balance sheet.
(g) Income recognition. Dividends shall he included
in income on the ex-dividend date; interest shall be accrued on a daily
basis. Dividends declared on short positions existing on the record date
shall he recorded on the ex-dividend date and included as an expense of
the period. (h) Federal income taxes. The company's status as
a "regulated investment company" as defined in Subtitle A, Chapter
1, Subchapter M of the Internal Revenue Code, as amended, shall he stated
in a note referred to in the appropriate statements. Such note shall also
indicate briefly the principal assumptions on which the company relied
in making or not making provisions for income taxes. However, a company
which retains realized capital gains and designates such gains as a distribution
to shareholders in accordance with section 852(b)(3)(D) of the Internal
Revenue Code shall, on the last day of its taxable year (and not earlier).
make provision for taxes on such undistributed capital gains realized
during such year. (i) Issuance and repurchase by a registered investment
company of its own securities. Disclose for each class of the company's
securities:
(1) The number of shares, units, or principal
amount of bends sold during the period of report, the amount received
therefor, and, in the case of shares sold by closed-end management investment
companies, the difference, if any, between the amount received and the
net asset value or preference in involuntary liquidation (whichever is
appropriate) of securities of the same class prior to such sale; and
(2) The number of shares, units, or principal amount of bonds repurchased
during the period of report and tile cost thereof. Closed-end management
investment companies shall furnish the following additional information
as to securities repurchased during the period of report:
(i)
As to bonds and preferred shares, the aggregate difference between cost
and the face amount or preference in involuntary liquidation and, if applicable
net assets taken at value as of the date of repurchase were less than
such face amount or preference. the aggregate difference between cost
and such net asset value; (ii) As to common shares, the weighted average discount
per share, expressed as a percentage, between cost of repurchase and the
net asset value applicable to such shares at the date of repurchases.
The information required by paragraphs (i)(2)(i)
and (ii) may be based on reasonable estimates if it is impracticable to
determine the exact amounts involved.
(j) Series companies. The information required
by this part shall, in the case of a person which in essence is comprised
of more than one separate investment company, be given as if each class
or series of such investment company were a separate investment company;
this shall not prevent the inclusion, at the option of such person, of
information applicable to other classes or series of such person on a
comparative basis, except as to footnotes which need not be comparative.
If the particular class or series for which information is provided may
be affected by other classes or series of such investment company, such
as by the offset of realized gains in one series with realized losses
in another, or through contingent liabilities, such situation shall he
disclosed. (k) Certificate reserves.
(1) For companies issuing face-amount certificates
subsequent to December 31, 1940 under the provisions of section 28 of
the Investment Company Act of 1940, balance sheets shall reflect reserves
for outstanding certificates computed in accordance with the provisions
of section 28(a) of the Act. (2) For other companies, balance sheets shall reflect reserves for outstanding
certificates determined as follows:
(i) For certificates of the installment
type, such amount which, together with the lesser of future payments .by
certificate holders as and when accumulated at a rate not to exceed 3
1/2 per centum per annum (or such other rate as may be appropriate under
the circumstances of a particular case) compounded annually, shall provide
the minimum maturity or face amount of the certificate when due.
(ii) For certificates of the fully-paid type, such amount which, as and
when accumulated at a rate not to exceed 3 1/2 per centum per annum (or
such other rate as may be appropriate under the circumstances of a particular
case) compounded annually, shall provide the amount or amounts payable
when due. (iii) Such amount or accrual therefor, as shall have been credited to the
account of any certificate holder in the form of any credit, or any dividend,
or any interest in addition to the minimum maturity or face amount specified
in the certificate, plus any accumulations on any amount so credited or
accrued at rates required under the terms of the certificate.
(iv) An amount equal to all advance payments made by certificate holders,
plus any accumulations thereon at rates required under the terms of the
certificate. (v) Amounts for other appropriate contingency reserves, for death and disability
benefits or for reinstatement rights on any certificate providing for
such benefits or rights.
(l) Inapplicable captions. Attention is directed
to the provisions of Rules 4-02 and 4-03 which permit the omission of
separate captions in financial statements as to which the items and conditions
are not present, or the amounts involved not significant. However, amounts
involving directors, officers, and affiliates shall nevertheless he separately
set forth except as otherwise specifically permitted under a particular
caption.
Regulatory History |
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47 FR 56838, Dec. 21, 1982 |
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