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The Investment Company Act of 1940, as amended,' (ICA) regulates conflicts of interest 2 that arise in the investment company industry.3 Section 36(b) of the ICA provides that "the investment adviser of a registered investment company shall be deemed to have a fiduciary duty with respect to the receipt of compensation for services," and that an action to recover fees paid in breach of this fiduciary duty may be brought "by the [SEC], or by a security holder of such registered investment company on behalf of such company. ' 4

The Demand Requirement in Investment Company Act Shareholder Actions