Source
(June 6, 1934, ch. 404, title I, § 1,48 Stat. 881.)
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 of this title. Sections
78kk,
78ll,
78nn, and
78oo 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 Title II of the act amended or repealed sections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 to
77e,
77j,
77k,
77m,
77o, and
77s, and added former sections
78ii and
78jj of this title. For complete classification of this Act to the Code, see Tables.
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 classification] 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, provided 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, Education, and section
181 of Title
23, Highways, and enacting 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 sections
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, provided 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 section
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, provided 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 ‘International Anti-Bribery and Fair Competition Act of 1998’.”
Pub. L. 105–353, § 1,Nov. 3, 1998,
112 Stat. 3227, provided 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, provided 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 enacting 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, provided 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 section
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 ‘Private Securities Litigation Reform Act of 1995’.”
Short Title of 1994 Amendments
Pub. L. 103–389, § 1,Oct. 22, 1994,
108 Stat. 4081, provided 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. 103–325enacting 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 Enhancement Act of 1994’.”
Short Title of 1993 Amendment
Pub. L. 103–202, § 1(a),Dec. 17, 1993,
107 Stat. 2344, provided 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 Reform Act of 1993’.”
Short Title of 1990 Amendments
Pub. L. 101–550, § 1,Nov. 15, 1990,
104 Stat. 2713, provided 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 Commission 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 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 provisions 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, provided 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 sections
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, provided 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 Securities 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 sections
78m,
78dd–1,
78dd–2, and
78ff of this title and enacting provisions set out as a note under section
78dd–1 of this title] may be cited as the ‘Foreign Corrupt Practices 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 Commission Authorization Act of 1987’.”
Short Title of 1986 Amendment
Pub. L. 99–571, § 1(a),Oct. 28, 1986,
100 Stat. 3208, provided 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 Securities 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 Communications 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 Practices 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 Foreign 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 Amendments 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 sections
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 Securities Trading Act.
Severability
Pub. L. 104–290, § 3,Oct. 11, 1996,
110 Stat. 3417, provided: “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 amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions 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, provided 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, considerable evidence has been presented to Congress that a number of securities class action lawsuits have shifted from Federal to State courts;
“(3) this shift has prevented that Act from fully achieving its objectives;
“(4) State securities regulation is of continuing importance, together with Federal regulation of securities, to protect investors and promote strong financial markets; and
“(5) in order to prevent certain State private securities class action lawsuits alleging fraud from being used to frustrate the objectives of the Private Securities 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 current 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—
“(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, provided: “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].”