---
kind: "section"
citation: "15 U.S.C. § 80a–39"
title: "15"
title_heading: "Commerce and Trade"
number: "80a–39"
heading: "Procedure for issuance of orders"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/80a-39"
units:
  - "Chapter 2D — Investment Companies and Advisers"
  - "Subchapter I — Investment Companies"
---

# §80a–39. Procedure for issuance of orders

- (a) **Notice and hearing—** Orders of the [Commission](/usc/15/80a–2.md?p=a-7) under this subchapter shall be issued only after appropriate notice and opportunity for hearing. Notice to the parties to a proceeding before the [Commission](/usc/15/80a–2.md?p=a-7) shall be given by personal service upon each party or by registered mail or certified mail or confirmed telegraphic notice to the party’s last known business address. Notice to interested [persons](/usc/15/80a–2.md?p=a-28), if any, other than parties may be given in the same manner or by publication in the Federal Register.
- (b) **Application verified under oath admissible as evidence—** The [Commission](/usc/15/80a–2.md?p=a-7) may provide, by appropriate rules or regulations, that an application verified under oath may be admissible in evidence in a proceeding before the [Commission](/usc/15/80a–2.md?p=a-7) and that the record in such a proceeding may consist, in whole or in part, of such application.
- (c) **Parties—** In any proceeding before the [Commission](/usc/15/80a–2.md?p=a-7), the [Commission](/usc/15/80a–2.md?p=a-7), in accordance with such rules and regulations as it may prescribe, shall admit as a party any interested [State](/usc/15/80a–2.md?p=a-39) or [State](/usc/15/80a–2.md?p=a-39) agency, and may admit as a party any representative of interested [security](/usc/15/80a–2.md?p=a-36) holders, or any other [person](/usc/15/80a–2.md?p=a-28) whose participation in the proceeding may be in the public interest or for the protection of investors.

## Source credit

(Aug. 22, 1940, ch. 686, title I, § 40, 54 Stat. 842; Pub. L. 86–507, § 1(15), June 11, 1960, 74 Stat. 201.)

## Notes

### Editorial Notes

### Amendments

1960—Subsec. (a). Pub. L. 86–507 inserted “or certified mail” after “registered mail”.

### Executive Documents

### Transfer of Functions

For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.