ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

18 U.S.C. § 1350Failure of corporate officers to certify financial reports

submitted 24 years ago by Pub. L. 107-204 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 243 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires an issuer’s chief executive and chief financial officers to certify certain periodic financial reports. It sets criminal penalties for knowingly or willfully making a certification when the report does not meet the section’s requirements.

(a) Certification of periodic financial reports. Each periodic report containing financial statements that an issuer files with the Securities and Exchange Commission under section 13(a) or 15(d) of the Securities Exchange Act of 1934 must include a written statement from the issuer’s chief executive officer and chief financial officer, or their equivalents. (b) Content. The statement must certify that the report fully meets section 13(a) or 15(d) of that Act and that, in all material respects, the report fairly presents the issuer’s financial condition and results of operations. (c) Criminal penalties. (1) Whoever makes such a certification knowing that the accompanying report does not meet all requirements of this section may be fined up to $1,000,000, imprisoned up to 10 years, or both. (2) Whoever willfully makes such a certification knowing that the report does not meet all requirements may be fined up to $5,000,000, imprisoned up to 20 years, or both.
the actual law source: uscode.house.gov ↗public domain
(a)Certification of Periodic Financial Reports.—

Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accompanied by a written statement by the chief executive officer and chief financial officer (or equivalent thereof) of the issuer.

(b)Content.—

The statement required under subsection (a) shall certify that the periodic report containing the financial statements fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act pf 1 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer.

(c)Criminal Penalties.—

Whoever

(1)

certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $1,000,000 or imprisoned not more than 10 years, or both; or

(2)

willfully certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $5,000,000, or imprisoned not more than 20 years, or both.

Source credit: (Added Pub. L. 107–204, title IX, § 906(a), July 30, 2002, 116 Stat. 806.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-204 · 116 Stat. 806

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-204 on 2002-07-30.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case