§ 78a. Short title
This chapter may be cited as the ‘‘Securities
Exchange Act of 1934.’’
(June 6, 1934, ch. 404, title I, § 1, 48 Stat. 881.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘This Act’’ meaning the Securities Exchange Act of
1934, act June 6, 1934, ch. 404. The act was divided into
two titles as follows: ‘‘Title I—Regulation of Securities
Exchanges’’ and ‘‘Title II—Amendments to Securities
Act of 1933.’’ This section was section 1 of title I of the
Act, which title, as amended, is set out as sections 78a
to 78d–5, 78e to 78l, 78m, 78m–1, 78n to 78o, 78o–3, 78o–4,
78o–5 to 78o–7, 78o–10 to 78u–6, 78v to 78dd–1, 78ee to 78hh,
78mm, and 78pp to 78rr of this title. Sections 78kk, 78ll,
78nn, 78oo, and 78rr of this title, which were directed to
be added at the end of the Securities Exchange Act of
1934, have been treated in the Code as added to title I
of the Act to reflect the probable intent of Congress.
See Codification notes set out under those sections.
Title II of the act amended or repealed sections 77b, 77c,
77d, 77e, 77j, 77k, 77m, 77o, and 77s of this title, and
added former sections 78ii and 78jj of this title. For
complete classification of this Act to the Code, see Ta-
bles.
Statutory Notes and Related Subsidiaries
SHORT TITLE 2022 AMENDMENT
Pub. L. 117–263, div. E, title LVIII, § 5801, Dec. 23, 2022,
136 Stat. 3421, provided that: ‘‘This title [enacting sec-
tions 77z–4 and 78rr of this title and sections 14a, 253,
1772e, 1772f, 1831cc, 1831dd, 4527, 4528, 5334, 5335, 5498, and
5499 of Title 12, Banks and Banking, amending sections
77g, 78d, 78m, 78n, 78o–3, 78o–4, 78o–7, 80a–8, 80a–29, and
80b–4 of this title and sections 1467a, 1844, 5361, and 5468
of Title 12, enacting
File SHA-256: afb3307bf51abdc69d3d65ca141a45aac8486b53cae740d486255da3dc545c8b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_e5a1391d9d0294b2f1b960c0 Source file: Laws/federal/codes/united-states-code-2024/title-15/section-78a-short-title--8692a5279c.md Pages: Not recorded – Not recorded Passage SHA-256: 0bcfc539a18fde9b94d5bc3267dad4001931939bba1569d47843f2ff9c2b4cdb Retained source evidence SHA-256: afb3307bf51abdc69d3d65ca141a45aac8486b53cae740d486255da3dc545c8b
Page 202
TITLE 15—COMMERCE AND TRADE
§ 78a
Sec.
78m.
Periodical and other reports.
78m–1.
Reporting and recordkeeping for certain secu-
rity-based swaps.
78m–2.
Reporting requirements regarding coal or
other mine safety.
78n.
Proxies.
78n–1.
Shareholder approval of executive compensa-
tion.
78n–2.
Corporate governance.
78o.
Registration and regulation of brokers and
dealers.
78o–1.
Brokers deemed to be registered.
78o–2.
Liabilities arising prior to amendment unaf-
fected.
78o–3.
Registered securities associations.
78o–4.
Municipal securities.
78o–4a.
Commission Office of Municipal Securities.
78o–5.
Government securities brokers and dealers.
78o–6.
Securities analysts and research reports.
78o–7.
Registration of nationally recognized statis-
tical rating organizations.
78o–8.
Universal ratings symbols.
78o–9.
Study and rulemaking on assigned credit rat-
ings.
78o–10.
Registration and regulation of security-based
swap dealers and major security-based swap
participants.
78o–11.
Credit risk retention.
78p.
Directors,
officers,
and
principal
stock-
holders.
78q.
Records and reports.
78q–1.
National system for clearance and settlement
of securities transactions.
78q–2.
Automated quotation systems for penny
stocks.
78r.
Liability for misleading statements.
78s.
Registration, responsibilities, and oversight
of self-regulatory organizations.
78t.
Liability of controlling persons and persons
who aid and abet violations.
78t–1.
Liability to contemporaneous traders for in-
sider trading.
78u.
Investigations and actions.
78u–1.
Civil penalties for insider trading.
78u–2.
Civil remedies in administrative proceedings.
78u–3.
Cease-and-desist proceedings.
78u–4.
Private securities litigation.
78u–5.
Application of safe harbor for forward-look-
ing statements.
78u–6.
Securities whistleblower incentives and pro-
tection.
78u–7.
Implementation and transition provisions for
whistleblower protection.
78v.
Hearings by Commission.
78w.
Rules, regulations, and orders; annual re-
ports.
78x.
Public availability of information.
78y.
Court review of orders and rules.
78z.
Unlawful representations.
78aa.
Jurisdiction of offenses and suits.
78aa–1.
Special provision relating to statute of limi-
tations on private causes of action.
78bb.
Effect on existing law.
78cc.
Validity of contracts.
78dd.
Foreign securities exchanges.
78dd–1.
Prohibited foreign trade practices by issuers.
78dd–2.
Prohibited foreign trade practices by domes-
tic concerns.
78dd–3.
Prohibited foreign trade practices by persons
other than issuers or domestic concerns.
78ee.
Transaction fees.
78ff.
Penalties.
78gg.
Separability.
78hh.
Effective date.
78hh–1.
Effective date of certain sections.
78ii, 78jj. Omitted or Repealed.
78kk.
Authorization of appropriations.
78ll.
Requirements for the EDGAR system.
78mm.
General exemptive authority.
Sec.
78nn.
Tennessee Valley Authority.
78oo.
Federal National Mortgage Association, Fed-
eral Home Loan Mortgage Corporation,
Federal Home Loan Banks.
78pp.
Investor Advisory Committee.
78qq.
Small Business Capital Formation Advisory
Committee.
78rr.
Data standards for security-based swap re-
porting.
§ 78a. Short title
This chapter may be cited as the ‘‘Securities
Exchange Act of 1934.’’
(June 6, 1934, ch. 404, title I, § 1, 48 Stat. 881.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘This Act’’ meaning the Securities Exchange Act of
1934, act June 6, 1934, ch. 404. The act was divided into
two titles as follows: ‘‘Title I—Regulation of Securities
Exchanges’’ and ‘‘Title II—Amendments to Securities
Act of 1933.’’ This section was section 1 of title I of the
Act, which title, as amended, is set out as sections 78a
to 78d–5, 78e to 78l, 78m, 78m–1, 78n to 78o, 78o–3, 78o–4,
78o–5 to 78o–7, 78o–10 to 78u–6, 78v to 78dd–1, 78ee to 78hh,
78mm, and 78pp to 78rr of this title. Sections 78kk, 78ll,
78nn, 78oo, and 78rr of this title, which were directed to
be added at the end of the Securities Exchange Act of
1934, have been treated in the Code as added to title I
of the Act to reflect the probable intent of Congress.
See Codification notes set out under those sections.
Title II of the act amended or repealed sections 77b, 77c,
77d, 77e, 77j, 77k, 77m, 77o, and 77s of this title, and
added former sections 78ii and 78jj of this title. For
complete classification of this Act to the Code, see Ta-
bles.
Statutory Notes and Related Subsidiaries
SHORT TITLE 2022 AMENDMENT
Pub. L. 117–263, div. E, title LVIII, § 5801, Dec. 23, 2022,
136 Stat. 3421, provided that: ‘‘This title [enacting sec-
tions 77z–4 and 78rr of this title and sections 14a, 253,
1772e, 1772f, 1831cc, 1831dd, 4527, 4528, 5334, 5335, 5498, and
5499 of Title 12, Banks and Banking, amending sections
77g, 78d, 78m, 78n, 78o–3, 78o–4, 78o–7, 80a–8, 80a–29, and
80b–4 of this title and sections 1467a, 1844, 5361, and 5468
of Title 12, enacting provisions set out as notes under
sections 77g, 78o–3, 78o–4, and 78rr of this title and sec-
tions 14a, 253, 1772e, 1831cc, 4527, 5334, 5335, and 5498 of
Title 12, and amending provisions set out as a note
under section 5491 of Title 12] may be cited as the ‘Fi-
nancial Data Transparency Act of 2022’.’’
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–141, div. S, title IX, § 901, Mar. 23, 2018, 132
Stat. 1143, provided that: ‘‘This title [amending section
78d of this title] may be cited as the ‘Small Business
Access to Capital After a Natural Disaster Act’.’’
SHORT TITLE OF 2016 AMENDMENT
Pub. L. 114–284, § 1, Dec. 16, 2016, 130 Stat. 1447, pro-
vided that: ‘‘This Act [enacting section 78qq of this
title and amending sections 78d and 80c–1 of this title]
may be cited as the ‘SEC Small Business Advocate Act
of 2016’.’’
SHORT TITLE OF 2012 AMENDMENT
Pub. L. 112–106, § 1, Apr. 5, 2012, 126 Stat. 306, provided
that: ‘‘This Act [enacting section 77d–1 of this title,
amending sections 77b, 77c, 77d, 77e to 77g, 77r, 78c,
78k–1, 78l, 78m, 78n, 78n–1, 78o, 78o–6, 7213, and 7262 of
this title, enacting provisions set out as notes under
sections 77a, 77b, 77d, 77g, 77r, 78c, 78d, 78l, and 78o–6 of
Page 203
TITLE 15—COMMERCE AND TRADE
§ 78a
this title, and amending provisions set out as a note
under section 78l of this title] may be cited as the
‘Jumpstart Our Business Startups Act’.’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–203, title IX, § 901, July 21, 2010, 124 Stat.
1822, provided that: ‘‘This title [see Tables for classi-
fication] may be cited as the ‘Investor Protection and
Securities Reform Act of 2010’.’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–291, § 1, Sept. 29, 2006, 120 Stat. 1327, pro-
vided that: ‘‘This Act [enacting section 78o–7 of this
title, amending sections 78c, 78o, 78q, 78u–2, 80a–2, 80a–9,
80b–2, and 80b–3 of this title, section 4519 of Title 12,
Banks and Banking, section 1087–2 of Title 20, Edu-
cation, and section 181 of Title 23, Highways, and enact-
ing provisions set out as notes under section 78o–7 of
this title] may be cited as the ‘Credit Rating Agency
Reform Act of 2006’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–458, title VII, § 7803(a), Dec. 17, 2004, 118
Stat. 3861, provided that: ‘‘This section [amending sec-
tions 78l and 78o–5 of this title] may be cited as the
‘Emergency Securities Response Act of 2004’.’’
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107–204, title XI, § 1101, July 30, 2002, 116 Stat.
807, provided that: ‘‘This title [amending sections 77h–1,
78u–3, and 78ff of this title and sections 1512 and 1513 of
Title 18, Crimes and Criminal Procedure, and enacting
provisions set out as a note under section 994 of Title
28, Judiciary and Judicial Procedure] may be cited as
the ‘Corporate Fraud Accountability Act of 2002’.’’
Pub. L. 107–123, § 1, Jan. 16, 2002, 115 Stat. 2390, pro-
vided that: ‘‘This Act [enacting chapter 48 of Title 5,
Government Organization and Employees, amending
sections 77f, 77ggg, 78d, 78m, 78n, and 78ee of this title,
sections 3132 and 5373 of Title 5, and section 1833b of
Title 12, Banks and Banking, and enacting provisions
set out as notes under section 78ee of this title and sec-
tion 4802 of Title 5] may be cited as the ‘Investor and
Capital Markets Fee Relief Act’.’’
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105–366, § 1, Nov. 10, 1998, 112 Stat. 3302, pro-
vided that: ‘‘This Act [enacting section 78dd–3 of this
title, amending sections 78dd–1, 78dd–2, and 78ff of this
title, and enacting provisions set out as notes under
section 78dd–1 of this title] may be cited as the ‘Inter-
national Anti-Bribery and Fair Competition Act of
1998’.’’
Pub. L. 105–353, § 1, Nov. 3, 1998, 112 Stat. 3227, pro-
vided that: ‘‘This Act [amending sections 77b, 77k, 77m,
77p, 77r, 77v, 77z–1 to 77z–3, 77aa, 77ccc, 77ddd, 77mmm,
77sss, 78c, 78d, 78g, 78n, 78o, 78o–4, 78o–5, 78q, 78s, 78t,
78u–4, 78z, 78bb, 78ee, 78kk, 78ll, 80a–2, 80a–3, 80a–12,
80a–18, 80a–29, 80a–30, 80b–3, and 80b–18a of this title and
enacting provisions set out as notes under this section
and sections 77p and 78u of this title] may be cited as
the ‘Securities Litigation Uniform Standards Act of
1998’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–290, § 1(a), Oct. 11, 1996, 110 Stat. 3416, pro-
vided that: ‘‘This Act [enacting sections 77z–3, 78mm,
and 80b–3a of this title, amending sections 77b, 77c, 77f,
77r, 77ddd, 78c, 78d, 78g, 78h, 78o, 78q, 78bb, 78ee, 78kk,
80a–2, 80a–3, 80a–6, 80a–12, 80a–24, 80a–26, 80a–27, 80a–29,
80a–30, 80a–34, 80a–54, 80a–60, 80a–63, 80b–2, 80b–3, 80b–5,
and 80b–18a of this title and section 1002 of Title 29,
Labor, and enacting provisions set out as notes under
this section, sections 77e, 77r, 78b, 78n, 78o, 78ee, 80a–2,
80a–3, 80a–24, 80a–51, 80b–2, 80b–3a, 80b–10, and 80b–20 of
this title, and section 1002 of Title 29] may be cited as
the ‘National Securities Markets Improvement Act of
1996’.’’
Pub. L. 104–290, title I, § 101, Oct. 11, 1996, 110 Stat.
3417, provided that: ‘‘This title [enacting sections 77z–3
and 78mm of this title, amending sections 77b, 77r, 78c,
78g, 78h, 78o, 78q, 78bb, and 80a–2 of this title, and enact-
ing provisions set out as notes under sections 77e and
77r of this title] may be cited as the ‘Capital Markets
Efficiency Act of 1996’.’’
Pub. L. 104–290, title IV, § 401, Oct. 11, 1996, 110 Stat.
3441, provided that: ‘‘This title [amending sections 77f,
78d, 78ee, and 78kk of this title and enacting provisions
set out as notes under this section and section 78ee of
this title] may be cited as the ‘Securities and Exchange
Commission Authorization Act of 1996’.’’
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104–67, § 1(a), Dec. 22, 1995, 109 Stat. 737, pro-
vided that: ‘‘This Act [enacting sections 77z–1, 77z–2,
78j–1, 78u–4, and 78u–5 of this title, amending sections
77k, 77l, 77t, 78o, 78t, 78u, and 78u–4 of this title and sec-
tion 1964 of Title 18, Crimes and Criminal Procedure,
and enacting provisions set out as notes under sections
77k, 77l, and 78j–1 of this title] may be cited as the ‘Pri-
vate Securities Litigation Reform Act of 1995’.’’
SHORT TITLE OF 1994 AMENDMENTS
Pub. L. 103–389, § 1, Oct. 22, 1994, 108 Stat. 4081, pro-
vided that: ‘‘This Act [amending section 78l of this
title] may be cited as the ‘Unlisted Trading Privileges
Act of 1994’.’’
Pub. L. 103–325, title II, § 201, Sept. 23, 1994, 108 Stat.
2198,
provided
that:
‘‘This
subtitle
[subtitle
A
(§§ 201–210) of title II of Pub. L. 103–325 enacting section
1835 of Title 12, Banks and Banking, amending sections
77r–1, 78c, 78g, 78h, and 78k of this title and sections 24,
1464, and 1757 of Title 12, and enacting provisions set
out as notes under section 78b of this title and section
3305 of Title 12] may be cited as the ‘Small Business
Loan Securitization and Secondary Market Enhance-
ment Act of 1994’.’’
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–202, § 1(a), Dec. 17, 1993, 107 Stat. 2344, pro-
vided that: ‘‘This Act [enacting section 3130 of Title 31,
Money and Finance, amending sections 78c, 78f, 78n,
78o, 78o–3, 78o–5, 78s, and 78w of this title, and enacting
provisions set out as notes under this section, sections
78f, 78n, and 78o–5 of this title, and section 3121 of Title
31] may be cited as the ‘Government Securities Act
Amendments of 1993’.’’
Pub. L. 103–202, title III, § 301, Dec. 17, 1993, 107 Stat.
2359, provided that: ‘‘This title [amending sections 78f,
78n, and 78o–3 of this title and enacting provisions set
out as notes under sections 78f and 78n of this title]
may be cited as the ‘Limited Partnership Rollup Re-
form Act of 1993’.’’
SHORT TITLE OF 1990 AMENDMENTS
Pub. L. 101–550, § 1, Nov. 15, 1990, 104 Stat. 2713, pro-
vided that: ‘‘This Act [amending sections 77ccc to
77eee, 77iii to 77rrr, 77uuu, 77vvv, 78c, 78d, 78n, 78o,
78o–4, 78o–5, 78q–1, 78x, 78kk, 79z–5, 80a–2, 80a–9, 80a–44,
80a–45, 80b–2, 80b–3, 80b–10, and 80b–18 of this title and
enacting provisions set out as notes under this section
and sections 77aaa and 78n of this title] may be cited as
the ‘Securities Acts Amendments of 1990’.’’
Pub. L. 101–550, title I, § 101, Nov. 15, 1990, 104 Stat.
2713, provided that: ‘‘This title [amending sections
77uuu, 78d, 78kk, 79z–5, 80a–45, and 80b–18 of this title]
may be cited as the ‘Securities and Exchange Commis-
sion Authorization Act of 1990’.’’
Pub. L. 101–550, title II, § 201, Nov. 15, 1990, 104 Stat.
2714, provided that: ‘‘This title [amending sections 78c,
78d, 78o, 78o–4, 78o–5, 78q–1, 78x, 80a–2, 80a–9, 80a–44,
80b–2, 80b–3, and 80b–10 of this title] may be cited as the
‘International Securities Enforcement Cooperation Act
of 1990’.’’
Pub. L. 101–550, title III, § 301, Nov. 15, 1990, 104 Stat.
2721, provided that: ‘‘This title [amending section 78n of
this title and enacting provisions set out as a note
Page 204
TITLE 15—COMMERCE AND TRADE
§ 78a
under section 78n of this title] may be cited as the
‘Shareholder Communications Improvement Act of
1990’.’’
Pub. L. 101–432, § 1, Oct. 16, 1990, 104 Stat. 963, provided
that: ‘‘This Act [enacting section 1831l of Title 12,
Banks and Banking, amending sections 78i, 78l, 78m,
78o–5, 78q, 78q–1, and 78y of this title, and enacting pro-
visions set out as notes under sections 78b and 78q–1 of
this title] may be cited as the ‘Market Reform Act of
1990’.’’
Pub. L. 101–429, § 1(a), Oct. 15, 1990, 104 Stat. 931, pro-
vided that: ‘‘This Act [enacting sections 77h–1, 78q–2,
78u–2, and 78u–3 of this title, amending sections 77g, 77t,
78c, 78o, 78o–3, 78o–4, 78q–1, 78u, 78u–1, 78w, 78cc, 80a–9,
80a–41, 80b–3, 80b–9, and 80b–14 of this title, and enacting
provisions set out as notes under this section and sec-
tions 77g, 78o, and 78s of this title] may be cited as the
‘Securities Enforcement Remedies and Penny Stock
Reform Act of 1990’.’’
Pub. L. 101–429, title V, § 501, Oct. 15, 1990, 104 Stat.
951, provided that: ‘‘This title [enacting section 78q–2 of
this title, amending sections 77g, 78c, 78o, 78o–3, and
78cc of this title, and enacting provisions set out as
notes under sections 78o and 78s of this title] may be
cited as the ‘Penny Stock Reform Act of 1990’.’’
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100–704, § 1, Nov. 19, 1988, 102 Stat. 4677, pro-
vided that: ‘‘This Act [enacting sections 78t–1, 78u–1,
and 80b–4a of this title, amending sections 78c, 78o, 78u,
78ff, and 78kk of this title, and enacting provisions set
out as notes under sections 78b, 78o, and 78u–1 of this
title] may be cited as the ‘Insider Trading and Securi-
ties Fraud Enforcement Act of 1988’.’’
Pub. L. 100–418, title V, § 5001, Aug. 23, 1988, 102 Stat.
1415, provided that: ‘‘This part [part I (§§ 5001–5003) of
subtitle A of title I of Pub. L. 100–418, amending sec-
tions 78m, 78dd–1, 78dd–2, and 78ff of this title and en-
acting provisions set out as a note under section 78dd–1
of this title] may be cited as the ‘Foreign Corrupt Prac-
tices Act Amendments of 1988’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–181, § 1, Dec. 4, 1987, 101 Stat. 1249, provided
that: ‘‘This Act [enacting sections 78d–1, 78d–2, and 78ll
of this title, amending sections 77b, 77c, 77f, 77i, 77s, 77t,
77v, 77ccc, 78c, 78d, 78f, 78k–1, 78l, 78m, 78o, 78o–4, 78o–5,
78q, 78q–1, 78u, 78w, 78aa, 78bb, 78kk, 78lll, 79h, 79r, 79x,
79y, 79z–4, 80a–2, 80a–3, 80a–5, 80a–6, 80a–9, 80a–12, 80a–15,
80a–17, 80a–18, 80a–20, 80a–21, 80a–22, 80a–24, 80a–26,
80a–28, 80a–35, 80a–41, 80a–52, 80a–53, 80a–54, 80a–56, 80b–2,
80b–3, 80b–5, 80b–9, 80b–11, 80b–13, and 80b–14 of this title,
and repealing sections 78d–1, 78d–2, and 78jj of this title]
may be cited as the ‘Securities and Exchange Commis-
sion Authorization Act of 1987’.’’
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–571, § 1(a), Oct. 28, 1986, 100 Stat. 3208, pro-
vided that: ‘‘This Act [enacting section 78o–5 of this
title and section 9110 of Title 31, Money and Finance,
amending sections 78c, 78o, 78o–3, 78q, 78w, 78y, 80a–9,
and 80b–3 of this title and section 3121 of Title 31, and
enacting provisions set out as notes under section 78o–5
of this title] may be cited as the ‘Government Securi-
ties Act of 1986’.’’
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–222, § 1, Dec. 28, 1985, 99 Stat. 1737, provided
that: ‘‘This Act [amending section 78n of this title and
enacting a provision set out as a note under section 78n
of this title] may be cited as the ‘Shareholder Commu-
nications Act of 1985’.’’
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–376, § 1, Aug. 10, 1984, 98 Stat. 1264, provided
that: ‘‘This Act [amending sections 78c, 78o, 78t, 78u,
and 78ff of this title and enacting provisions set out as
a note under section 78c of this title] may be cited as
the ‘Insider Trading Sanctions Act of 1984’.’’
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95–213, title I, § 101, Dec. 19, 1977, 91 Stat. 1494,
provided that: ‘‘This title [enacting sections 78dd–1 and
78dd–2 of this title and amending sections 78m and 78ff
of this title] may be cited as the ‘Foreign Corrupt Prac-
tices Act of 1977’.’’
Pub. L. 95–213, title II, § 201, Dec. 19, 1977, 91 Stat. 1498,
provided that: ‘‘This title [amending sections 78m and
78o of this title] may be cited as the ‘Domestic and For-
eign Investment Improved Disclosure Act of 1977’.’’
SHORT TITLE OF 1975 AMENDMENT
Pub. L. 94–29, § 1, June 4, 1975, 89 Stat. 97, provided:
‘‘That this Act [enacting sections 78k–1, 78o–4, 78q–1,
and 78kk of this title, amending sections 77d, 77x,
77yyy, 78b, 78c, 78d–1, 78f, 78h, 78k, 78l, 78m, 78o, 78o–3,
78q, 78s, 78u, 78w, 78x, 78y, 78bb, 78ee, 78ff, 78iii, 79z–3,
80a–9, 80a–10, 80a–13, 80a–15, 80a–16, 80a–18, 80a–31, 80a–35,
80a–48, 80b–3, 80b–4, and 80b–17 of this title, and enacting
provisions set out as notes under sections 78b and 78f of
this title] may be cited as the ‘Securities Acts Amend-
ments of 1975’.’’
SHORT TITLE OF 1964 AMENDMENT
Pub. L. 88–467, § 1, Aug. 20, 1964, 78 Stat. 565, provided:
‘‘That this Act [amending sections 77d, 78c, 78l to 78o,
78o–3, 78p, 78t, 78w, and 78ff of this title and enacting
provisions set out as a note under section 78c of this
title] may be cited as the ‘Securities Acts Amendments
of 1964’.’’
SHORT TITLE OF 1936 AMENDMENT
Act May 27, 1936, ch. 462, 49 Stat. 1375, enacting sec-
tions 78l–1, 78o–1, 78o–2, and 78hh–1 of this title, and
amending sections 78l, 78o, 78q, 78r, 78t, 78u, 78w, and
78ff of this title, is popularly known as the Unlisted Se-
curities Trading Act.
SEVERABILITY
Pub. L. 104–290, § 3, Oct. 11, 1996, 110 Stat. 3417, pro-
vided: ‘‘If any provision of this Act [see Short Title of
1996 Amendment note above], an amendment made by
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be un-
constitutional, the remainder of this Act, the amend-
ments made by this Act, and the application of the pro-
visions of such to any person or circumstance shall not
be affected thereby.’’
CONGRESSIONAL FINDINGS OF 1998 AMENDMENT
Pub. L. 105–353, § 2, Nov. 3, 1998, 112 Stat. 3227, pro-
vided that: ‘‘The Congress finds that—
‘‘(1) the Private Securities Litigation Reform Act
of 1995 [see Short Title of 1995 Amendment note
above] sought to prevent abuses in private securities
fraud lawsuits;
‘‘(2) since enactment of that legislation, consider-
able evidence has been presented to Congress that a
number of securities class action lawsuits have shift-
ed from Federal to State courts;
‘‘(3) this shift has prevented that Act from fully
achieving its objectives;
‘‘(4) State securities regulation is of continuing im-
portance, together with Federal regulation of securi-
ties, to protect investors and promote strong finan-
cial markets; and
‘‘(5) in order to prevent certain State private secu-
rities class action lawsuits alleging fraud from being
used to frustrate the objectives of the Private Securi-
ties Litigation Reform Act of 1995, it is appropriate
to enact national standards for securities class action
lawsuits involving nationally traded securities, while
preserving the appropriate enforcement powers of
State securities regulators and not changing the cur-
rent treatment of individual lawsuits.’’
PURPOSES OF 1996 AMENDMENT
Pub. L. 104–290, title IV, § 402, Oct. 11, 1996, 110 Stat.
3441, provided: ‘‘The purposes of this title [see Short
Title of 1996 Amendment note above] are—
Page 205
TITLE 15—COMMERCE AND TRADE
§ 78b
‘‘(1) to authorize appropriations for the Commission
for fiscal year 1997; and
‘‘(2) to reduce over time the rates of fees charged
under the Federal securities laws.’’
DEFINITIONS
Pub. L. 104–290, § 2, Oct. 11, 1996, 110 Stat. 3417, pro-
vided: ‘‘For purposes of this Act [see Short Title of 1996
Amendment note above]—
‘‘(1) the term ‘Commission’ means the Securities
and Exchange Commission; and
‘‘(2) the term ‘State’ has the same meaning as in
section 3 of the Securities Exchange Act of 1934 [15
U.S.C. 78c].’’
§ 78b. Necessity for regulation
For
the
reasons
hereinafter
enumerated,
transactions in securities as commonly con-
ducted upon securities exchanges and over-the-
counter markets are effected with a national
public interest which makes it necessary to pro-
vide for regulation and control of such trans-
actions and of practices and matters related
thereto, including transactions by officers, di-
rectors, and principal security holders, to re-
quire appropriate reports, to remove impedi-
ments to and perfect the mechanisms of a na-
tional market system for securities and a na-
tional system for the clearance and settlement
of securities transactions and the safeguarding
of securities and funds related thereto, and to
impose requirements necessary to make such
regulation and control reasonably complete and
effective, in order to protect interstate com-
merce, the national credit, the Federal taxing
power, to protect and make more effective the
national banking system and Federal Reserve
System, and to insure the maintenance of fair
and honest markets in such transactions:
(1) Such transactions (a) are carried on in
large volume by the public generally and in
large part originate outside the States in
which the exchanges and over-the-counter
markets are located and/or are effected by
means of the mails and instrumentalities of
interstate commerce; (b) constitute an impor-
tant part of the current of interstate com-
merce; (c) involve in large part the securities
of issuers engaged in interstate commerce; (d)
involve the use of credit, directly affect the fi-
nancing of trade, industry, and transportation
in interstate commerce, and directly affect
and influence the volume of interstate com-
merce; and affect the national credit.
(2) The prices established and offered in such
transactions are generally disseminated and
quoted throughout the United States and for-
eign countries and constitute a basis for deter-
mining and establishing the prices at which
securities are bought and sold, the amount of
certain taxes owing to the United States and
to the several States by owners, buyers, and
sellers of securities, and the value of collateral
for bank loans.
(3) Frequently the prices of securities on
such exchanges and markets are susceptible to
manipulation and control, and the dissemina-
tion of such prices gives rise to excessive spec-
ulation, resulting in sudden and unreasonable
fluctuations in the prices of securities which
(a) cause alternately unreasonable expansion
and unreasonable contraction of the volume of
credit available for trade, transportation, and
industry in interstate commerce, (b) hinder
the proper appraisal of the value of securities
and thus prevent a fair calculation of taxes
owing to the United States and to the several
States by owners, buyers, and sellers of securi-
ties, and (c) prevent the fair valuation of col-
lateral for bank loans and/or obstruct the ef-
fective operation of the national banking sys-
tem and Federal Reserve System.
(4) National emergencies, which produce
widespread unemployment and the dislocation
of trade, transportation, and industry, and
which burden interstate commerce and ad-
versely affect the general welfare, are precip-
itated, intensified, and prolonged by manipu-
lation and sudden and unreasonable fluctua-
tions of security prices and by excessive specu-
lation on such exchanges and markets, and to
meet such emergencies the Federal Govern-
ment is put to such great expense as to burden
the national credit.
(June 6, 1934, ch. 404, title I, § 2, 48 Stat. 881; Pub.
L. 94–29, § 2, June 4, 1975, 89 Stat. 97; Pub. L.
111–203, title IX, § 985(b)(1), July 21, 2010, 124 Stat.
1933.)
Editorial Notes
AMENDMENTS
2010—Pub. L. 111–203 substituted ‘‘effected’’ for ‘‘af-
fected’’ in introductory provisions.
1975—Pub. L. 94–29 inserted ‘‘to remove impediments
to and perfect the mechanisms of a national market
system for securities and a national system for the
clearance and settlement of securities transactions and
the safeguarding of securities and funds related there-
to,’’ after ‘‘require appropriate reports,’’ in introduc-
tory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective 1 day after
July 21, 2010, except as otherwise provided, see section
4 of Pub. L. 111–203, set out as an Effective Date note
under section 5301 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1975 AMENDMENT
Pub. L. 94–29, § 31(a), June 4, 1975, 89 Stat. 170, pro-
vided that: ‘‘This Act [enacting sections 78k–1, 78o–4,
78q–1, and 78kk of this title, amending this section and
sections 77d, 77x, 77yyy, 78c, 78d–1, 78f, 78h, 78k, 78l, 78m,
78o, 78o–3, 78q, 78s, 78u, 78w, 78x, 78y, 78bb, 78ee, 78ff,
78iii, 79z–3, 80a–9, 80a–10, 80a–13, 80a–15, 80a–16, 80a–18,
80a–31, 80a–35, 80a–48, 80b–3, 80b–4, and 80b–17 of this
title, and enacting provisions set out as notes under
sections 78a and 78f of this title] shall become effective
on the date of its enactment [June 4, 1975] except as
hereinafter provided. The amendments made by this
Act to sections 3(a)(12), 6(a) through (d), 11A(b), 15(a),
15A, 15B(a), 17A(b), and (c), and 19(g) of the Securities
Exchange Act of 1934 [sections 78c(a)(12), 78f(a) through
(d), 78k–1(b), 78o(a), 78o–3, 78o–4(a), 78q–1(b) and (c), and
78s(g) of this title] shall become effective one hundred
eighty days after the date of enactment of this Act
[June 4, 1975], and the amendments made by this Act to
section 31 of the Securities Exchange Act of 1934 [sec-
tion 78ee of this title] shall become effective on Janu-
ary 1, 1976. Neither the provisions of section 3(a)(3),
6(b)(2), or 6(c)(1) of the Securities Exchange Act of 1934
(as amended by this Act) [section 78c(a)(3), 78f(b)(2), or
78f(c)(1) of this title] nor any rule or regulation there-
under shall apply so as to deprive any person of mem-
bership in any national securities exchange (or its suc-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** When used in this chapter, unless the context otherwise requires—
(1) The term “exchange” means any organization, association, or group of persons, whether incorporated or unincorporated, which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange.
(2) The term “facility” when used with respect to an exchange includes its premises, tangible or intangible property whether on the premises or not, any right to the use of such premises or property or any service thereof for the purpose of effecting or reporting a transaction on an exchange (including, among other things, any system of communication to or from the exchange, by ticker or otherwise, maintained by or with the consent of the exchange), and any right of the exchange to the use of any property or service.
(3)
(A) The term “member” when used with respect to a national securities exchange means (i) any natural person permitted to effect transactions on the floor of the exchange without the services of another person acting as broker, (ii) any registered broker or dealer with which such a natural person is associated, (iii) any registered broker or dealer permitted to designate as a representative such a natural person, and (iv) any other registered broker or dealer which agrees to be regulated by such exchange and with respect to which the exchange undertakes to enforce compliance with the provisions of this chapter, the rules and regulations thereunder, and its own rules. For purposes of section
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 78c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 78c. Definitions and application
(a) Definitions
When used in this chapter, unless the context
otherwise requires—
(1) The term ‘‘exchange’’ means any organi-
zation, association, or group of persons,
whether
incorporated
or
unincorporated,
which constitutes, maintains, or provides a
market place or facilities for bringing to-
gether purchasers and sellers of securities or
for otherwise performing with respect to secu-
rities the functions commonly performed by a
stock exchange as that term is generally un-
derstood, and includes the market place and
the market facilities maintained by such ex-
change.
(2) The term ‘‘facility’’ when used with re-
spect to an exchange includes its premises,
tangible or intangible property whether on the
premises or not, any right to the use of such
premises or property or any service thereof for
the purpose of effecting or reporting a trans-
action on an exchange (including, among other
things, any system of communication to or
from the exchange, by ticker or otherwise,
maintained by or with the consent of the ex-
change), and any right of the exchange to the
use of any property or service.
(3)(A) The term ‘‘member’’ when used with
respect to a national securities exchange
means (i) any natural person permitted to ef-
fect transactions on the floor of the exchange
without the services of another person acting
as broker, (ii) any registered broker or dealer
with which such a natural person is associ-
ated, (iii) any registered broker or dealer per-
mitted to designate as a representative such a
natural person, and (iv) any other registered
broker or dealer which agrees to be regulated
by such exchange and with respect to which
the exchange undertakes to enforce compli-
ance with the provisions of this cha
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 78c. This identifies an authority to review, not proof of applicability.