ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

15 U.S.C. § 78jManipulative and deceptive devices

submitted 92 years ago by ch. 404 to r/title-15-COMMERCE-AND-TRADE · 406 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bans manipulative short sales, deceptive devices, and illegal securities lending. It gives the SEC power to write rules against fraud and manipulation in securities trading. Anti-fraud rules under this section also apply to security-based swap agreements.

It's illegal for anyone, using interstate commerce, the mail, or an exchange, directly or indirectly, to: (a) (1) Make a short sale, or use a stop-loss order, on a security (other than a government security), in violation of SEC rules meant to protect investors. (2) This rule doesn't apply to security futures products. (b) Use any manipulative or deceptive device in buying or selling an exchange-listed security, an unlisted security, or a security-based swap agreement, in violation of SEC rules meant to protect investors. (c) (1) Take part in, accept, or help with a securities lending or borrowing transaction, in violation of SEC rules meant to protect investors. (2) This doesn't limit the power of federal banking regulators, the National Credit Union Administration, or other federal agencies to write their own rules on securities lending to protect a financial institution's safety or the financial system generally. Rules made under subsection (b) that ban fraud, manipulation, or insider trading — but not rules that just require reports or recordkeeping — apply to security-based swap agreements the same way they apply to securities. Court decisions interpreting section 77q(a), and sections 78i, 78o, 78p, 78t, and 78u–1 — plus rules made under them — also apply to security-based swap agreements the same way.
the actual law source: uscode.house.gov ↗public domain

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange

(a)
(1)

To effect a short sale, or to use or employ any stop-loss order in connection with the purchase or sale, of any security other than a government security, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.

(2)

Paragraph (1) of this subsection shall not apply to security futures products.

(b)

To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement 1 any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.

(c)
(1)

To effect, accept, or facilitate a transaction involving the loan or borrowing of securities in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.

(2)

Nothing in paragraph (1) may be construed to limit the authority of the appropriate Federal banking agency (as defined in section 1813(q) of title 12), the National Credit Union Administration, or any other Federal department or agency having a responsibility under Federal law to prescribe rules or regulations restricting transactions involving the loan or borrowing of securities in order to protect the safety and soundness of a financial institution or to protect the financial system from systemic risk.

Rules promulgated under subsection (b) that prohibit fraud, manipulation, or insider trading (but not rules imposing or specifying reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading), and judicial precedents decided under subsection (b) and rules promulgated thereunder that prohibit fraud, manipulation, or insider trading, shall apply to security-based swap agreements to the same extent as they apply to securities. Judicial precedents decided under section 77q(a) of this title and sections 78i, 78o, 78p, 78t, and 78u–1 of this title, and judicial precedents decided under applicable rules promulgated under such sections, shall apply to security-based swap agreements to the same extent as they apply to securities.

Source credit: (June 6, 1934, ch. 404, title I, § 10, 48 Stat. 891; Pub. L. 106–554, § 1(a)(5) [title II, § 206(g), title III, § 303(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–432, 2763A–454; Pub. L. 111–203, title VII, § 762(d)(3), title IX, §§ 929L(2), 984(a), July 21, 2010, 124 Stat. 1761, 1861, 1932.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 6, 1934, ch. 404 · 48 Stat. 891
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1761, 1861, 1932

A history note hasn’t been published yet. The record shows enactment by ch. 404 on 1934-06-06.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case