Monday, April 25, 2011 3:51:07 PM
http://www.sec.gov/investor/pubs/invclub.htm
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.
When does an investment club have to register with the SEC as an investment company under the Investment Company Act of 1940?
An investment club must register with the SEC as an investment company under the Investment Company Act of 1940 if all of the following three conditions apply:
the club invests in securities,
The club issues membership interests that are securities (see above), and
The club is not able to rely on an exclusion from the definition of investment company.
For example, a "private investment company" may not need to register with the SEC. To qualify, an investment club
must not make, nor propose to make, a public offering of its securities, and
must not have more than 100 members.
http://www.sec.gov/investor/pubs/invclub.htm
Everything is all just a matter of opinion.
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