When you refer to the Securities Act of 1933, do you write “Securities Act of 1933, as amended?”
If so, what do you accomplish by appending “as amended?”
When you use the words “as amended,” do you mean as it has been amended from 1933 through today? If so, why do you use indefinite words like “as amended” when you mean something like “as amended to date” or “as in effect as of the date hereof” instead?
Or, when you use the words “as amended,” do you mean as it has been amended and may be further amended in the future? If so, why not use “as now or hereafter in effect, or any successor thereto” instead?
Either way, when you see a citation to the “Securities Act of 1933″ without the words “as amended,” is it your position that the citation refers only to the statute as it existed in 1933?
And how do you interpret Section 1 of the Securities Act of 1933, which tells us that the short title of the Securities Act of 1933 is the “Securities Act of 1933″ (no reference to “as amended”)?
It’s been nearly 5 years since I first posted this on Corp Law Blog, and I’m still wondering.
One Comment
It’s superfluous because of the statute.