Source
(June 6, 1934, ch. 404, title I, § 13, 48 Stat. 894; Pub. L. 88–467, § 4, Aug. 20, 1964, 78 Stat. 569; Pub. L. 90–439, § 2, July 29, 1968, 82 Stat. 454; Pub. L. 91–567, §§ 1,
2, Dec. 22, 1970, 84 Stat. 1497; Pub. L. 94–29, § 10, June 4, 1975, 89 Stat. 119; Pub. L. 94–210, title III, § 308(b), Feb. 5, 1976, 90 Stat. 57; Pub. L. 95–213, title I, § 102, title II, §§ 202,
203, Dec. 19, 1977, 91 Stat. 1494, 1498, 1499; Pub. L. 98–38, § 2(a), June 6, 1983, 97 Stat. 205; Pub. L. 100–181, title III, §§ 315,
316, Dec. 4, 1987, 101 Stat. 1256; Pub. L. 100–241, § 12(d), Feb. 3, 1988, 101 Stat. 1810; Pub. L. 100–418, title V, § 5002, Aug. 23, 1988, 102 Stat. 1415; Pub. L. 101–432, § 3, Oct. 16, 1990, 104 Stat. 964; Pub. L. 107–123, § 5, Jan. 16, 2002, 115 Stat. 2395; Pub. L. 107–204, title I, § 109(h), title IV, §§ 401(a),
402
(a),
409, July 30, 2002, 116 Stat. 771, 785, 787, 791.)
References in Text
This chapter, referred to in subsecs. (b)(1), (h)(1), (2), (4), (6), and (i), was in the original “this title”. See References in Text note set out under section
78a of this title.
The Investment Company Act of 1940, referred to in subsecs. (d)(1) and (e)(1), is title I of act Aug. 22, 1940, ch. 686,
54 Stat. 789, as amended, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter
2D of this title. For complete classification of this Act to the Code, see section
80a–51 of this title and Tables.
The Securities Act of 1933, referred to in subsec. (d)(6)(A), is act May 27, 1933, ch. 38, title I,
48 Stat. 74, as amended, which is classified generally to subchapter I (§ 77a et seq.) of chapter
2A of this title. For complete classification of this Act to the Code, see section
77a of this title and Tables.
The Federal Deposit Insurance Act, referred to in subsec. (f)(4), is act Sept. 21, 1950, ch. 967, § 2,
64 Stat. 873, as amended, which is classified generally to chapter 16 (§ 1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section
1811 of Title
12 and Tables.
Section
7201 of this title, referred to in subsec. (k)(1), was in the original “section 2 of the Sarbanes-Oxley Act of 2002”,
Pub. L. 107–204, which enacted section
7201 of this title and amended section
78c of this title.
Amendments
2002—Subsec. (b)(2)(C).
Pub. L. 107–204, § 109(h), added subpar. (C).
Subsec. (e)(3).
Pub. L. 107–123, § 5(1), substituted “a fee at a rate that, subject to paragraphs (5) and (6), is equal to $92 per $1,000,000 of the value of securities proposed to be purchased” for “a fee of 1/50 of 1 per centum of the value of securities proposed to be purchased”.
Subsec. (e)(4) to (10).
Pub. L. 107–123, § 5(2), added pars. (4) to (10).
Subsecs. (i), (j).
Pub. L. 107–204, § 401(a), added subsecs. (i) and (j).
Subsec. (k).
Pub. L. 107–204, § 402(a), added subsec. (k).
Subsec. (l).
Pub. L. 107–204, § 409, added subsec. (l).
1990—Subsec. (h).
Pub. L. 101–432 added subsec. (h).
1988—Subsec. (b)(4) to (7).
Pub. L. 100–418 added pars. (4) to (7).
Subsec. (d)(1).
Pub. L. 100–241 inserted “or any equity security issued by a Native Corporation pursuant to section
1629c
(d)(6) of title
43”.
1987—Subsec. (c).
Pub. L. 100–181, § 315, struck out “of” after “thereof”.
Subsec. (h).
Pub. L. 100–181, § 316, struck out subsec. (h) which required Commission to report to Congress within thirty months of Dec. 19, 1977, with respect to effectiveness of ownership reporting requirements contained in this chapter and desirability and feasibility of reducing or otherwise modifying the 5 per centum threshold used in subsecs. (d)(1) and (g)(1) of this section.
1983—Subsec. (e)(3).
Pub. L. 98–38 added par. (3).
1977—Subsec. (b).
Pub. L. 95–213, § 102, designated existing provisions as par. (1) and added pars. (2) and (3).
Subsec. (d)(1).
Pub. L. 95–213, § 202, inserted references to residence and citizenship of persons and to nature of beneficial ownership of persons in subpar. (A), and inserted references to background, identity, residence, and citizenship of associates of persons in subpar. (D).
Subsecs. (g), (h).
Pub. L. 95–213, § 203, added subsecs. (g) and (h).
1976—Subsec. (b).
Pub. L. 94–210 substituted provisions relating to exceptions for inconsistent rules and regulations, for provisions relating to reporting requirements for carriers subject to the provisions of section
20 of title
49, or other carriers required to make reports of the same general character as those required under section
20 of title
49.
1975—Subsec. (f).
Pub. L. 94–29 added subsec. (f).
1970—Subsec. (d)(1).
Pub. L. 91–567, § 1(a), included equity securities of insurance companies which would have been required to be registered except for the exemption contained in section
78l
(g)(2)(G) of this title, and substituted “5 per centum” for “10 per centum”.
Subsec. (d)(5), (6).
Pub. L. 91–567, § 1(b), added par. (5) and redesignated former par. (5) as (6).
Subsec. (e)(2).
Pub. L. 91–567, § 2, inserted provisions empowering the Commission to make rules and regulations implementing the paragraph in the public interest and for the protection of investors.
1968—Subsecs. (d), (e).
Pub. L. 90–439 added subsecs. (d) and (e).
1964—Subsec. (a).
Pub. L. 88–467 substituted provisions which require the issuer of a security registered pursuant to section
78l of this title to file reports with the Commission rather than with the exchange and to furnish the exchange with duplicate originals and prohibit the Commission from requiring the filing of any material contract wholly executed before July 1, 1962 for former provisions which required the issuer of a security registered on a national securities exchange to file certain reports with the exchange and to file duplicates with the Commission.
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–123 effective Oct. 1, 2001, except that authorities provided by subsec. (e)(9) of this section to not apply until Oct. 1, 2002, see section 11 of
Pub. L. 107–123, set out as a note under section
78ee of this title.
Effective Date of 1976 Amendment
Amendment by
Pub. L. 94–210 not applicable to any report by any person with respect to a fiscal year of such person which began before Feb. 5, 1976, see section 308(d)(2) of
Pub. L. 94–210, set out as a note under section
80a–3 of this title.
Effective Date of 1975 Amendment
Amendment by
Pub. L. 94–29 effective June 4, 1975, see section 31(a) of
Pub. L. 94–29, set out as a note under section
78b of this title.
Effective Date of 1964 Amendment
Amendment by
Pub. L. 88–467 effective Aug. 20, 1964, see section 13 of
Pub. L. 88–467, set out as a note under section
78c of this title.
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.
Consultation
Pub. L. 106–102, title II, § 241, Nov. 12, 1999,
113 Stat. 1407, provided that:
“(a) In General.—The Securities and Exchange Commission shall consult and coordinate comments with the appropriate Federal banking agency before taking any action or rendering any opinion with respect to the manner in which any insured depository institution or depository institution holding company reports loan loss reserves in its financial statement, including the amount of any such loan loss reserve.
“(b) Definitions.—For purposes of subsection (a), the terms ‘insured depository institution’, ‘depository institution holding company’, and ‘appropriate Federal banking agency’ have the same meaning as given in section 3 of the Federal Deposit Insurance Act [
12 U.S.C.
1813].”
Assignment of Function Relating to Granting of Authority for Issuance of Certain Directives
Memorandum of President of the United States, May 5, 2006,
71 F.R.
27943, provided:
Memorandum for the Director of National Intelligence
By virtue of the authority vested in me by the Constitution and laws of the United States, including section
301 of title
3, United States Code, I hereby assign to you the function of the President under section 13(b)(3)(A) of the Securities Exchange Act of 1934, as amended (
15 U.S.C.
78m
(b)(3)(A)). In performing such function, you should consult the heads of departments and agencies, as appropriate.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.