Page:United States Statutes at Large Volume 49 Part 1.djvu/875

 830 74tH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935 . same manner, to the same extent, and subject to the same limitations Vol. 48, p. 897, as provided in section 18 of the Securities Exchange Act of 1934 with respect to an application, report, or document filed pursuant to the Securities Exchange Act of 1934. Rights and remedies . (b) The rights and remedies provided by this title, except as pro- vided in section 17 (b), shall be in addition to any a nd all other Vol. 48, pp. 74, 881; rights and remedies that may exist under the Securities Act of 1933, u. S.C.,p.525. as amended, or the Securities Exchange Act of 1934, or otherwise Amount of rec ov ery at law or in equity ; but no person permitted to maintain a suit for dam ages u nder the pr ovisi ons o f this titl e shal l rec over, throu gh satisfaction of judgment in one or more actions, a total a mount in excess of his actual damages on account of the act complained of. Officers, directors, and other affiliates. Statements to be filed. Security tra nsactions by ; profits. Suit to re cover prof- its. Exempt transactions. Vol. 48, p. 896. OFFICERS, DIRECTORS, AND OTHER AFFILIATES SEC. 17. (a) Every person who is an officer or director of a regis- tered holding company shall file with the Commission in such form as the Commi ssion shall prescribe ( 1) at the time of the r egistra- tion of such holding company, or wi thin ten days after suc h person becomes an officer or director, a statement of the securities of such registered holding company or any subsidiary company thereof of which he is, directly or indi rectly, the beneficial o wner, and (2) within ten days after the clo se of each calendar mont h thereafter, if there has been any change in such ownership during such month, a statement of such ownership as of the close of such calendar month and of the changes in such owner ship t hat ha ve occ urred during such calendar month. (b) For the purpose of preventing the unfair use of information which may have been obtained by any such officer or director by reason of his relationship to such registered holding company or any subsidiary company thereof, any profit realized by any such officer or director from any purchase and sale, or any sale and purchase, of any secur ity o f such regi stere d hold ing c ompany or a ny sub sidia ry com pany t hereo f with in an y per iod of less than six m onths, unle ss such securit y was acquired in good faith in connection wit h a debt previously contracted, shall inure to and be recoverable by the hold- ing company or subsidiary company in respect of the security of which such profit was realized, irrespective of any intention on the part of such officer or director in entering into such transaction to hold t he security purchased o r not to repurchase the security sold for a period of more than six months. Suit to recover such profit may be instituted at law or in equity in any court of competent Juris- diction by the company entitled thereto or by the owner of any security of such company in the name and in the behalf of such company if su ch company shall fail or refuse to bring su ch su it within sixty days after request or shall fail diligently to prosecute the same thereafter ; but no such suit shall be brought more than two years after the date such profit was realized. This subsection shall not cover any transaction where such person was not an officer or director at the times of the purchase and sale, or the sale and pur- chase, of the security involved, or any transaction or transactions which the Co mmission by rules and r egulations may, as nece ssary or appropriate in the public interest or for the protection of investors or consumers, exempt as not comprehended within the purpose of this subsection. Nothing in this subsection shall be construed to give a remedy in the case of any tra nsaction in respect of w hich a remedy is given under subsection (b) of section 16 of the Securities Exchange Act of 1934,