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15 U.S.C. § 687f — Unlawful acts and omissions by officers, directors, employees, or agents

submitted 60 years ago by Pub. L. 85-699 to r/title-15-COMMERCE-AND-TRADE · 383 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about Unlawful acts and omissions by officers, directors, employees, or agents. It states the conditions, exceptions, and procedures in the provisions below.

(a) Violation by licensee deemed violation by persons participating Wherever a licensee violates any provision of this chapter or regulation issued under it by reason of its failure to comply with the terms of it or by reason of its engaging in any act or practice which constitutes or will constitute a violation of it, such violation will be treated as to be also a violation and an unlawful act on the part of any person who, directly or indirectly, authorizes, orders, participates in, or causes, brings about, counsels, aids, or abets in the commission of any acts, practices, or transactions which constitute or will constitute, in whole or in part, such violation.

(b) Breach of fiduciary duty It must be unlawful for any officer, director, employee, agent, or other participant in the management or conduct of the affairs of a licensee to engage in any act or practice, or to omit any act, in breach of his fiduciary duty as such officer, director, employee, agent, or participant, if, as a result of it, the licensee has suffered or is in imminent danger of suffering financial loss or other damage.

(c) Disqualification of officers and employees for dishonesty, fraud, or breach of trust Except with the written consent of the Administration, it must be unlawful—
(1) for any person after this to take office as an officer, director, or employee of a licensee, or to become an agent or participant in the conduct of the affairs or management of a licensee, if—
(A) he has been convicted of a felony, or any other criminal offense involving dishonesty or breach of trust, or
(B) he has been found civilly liable in damages, or has been permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any act or practice involving fraud or breach of trust; or
(2) for any person to continue to serve in any of the above-described capacities, if—
(A) he is after this convicted of a felony, or any other criminal offense involving dishonesty or breach of trust, or
(B) he is after this found civilly liable in damages, or is permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any act or practice involving fraud or breach of trust.

the actual law source: uscode.house.gov ↗public domain
(a) Violation by licensee deemed violation by persons participating

Wherever a licensee violates any provision of this chapter or regulation issued thereunder by reason of its failure to comply with the terms thereof or by reason of its engaging in any act or practice which constitutes or will constitute a violation thereof, such violation shall be deemed to be also a violation and an unlawful act on the part of any person who, directly or indirectly, authorizes, orders, participates in, or causes, brings about, counsels, aids, or abets in the commission of any acts, practices, or transactions which constitute or will constitute, in whole or in part, such violation.

(b) Breach of fiduciary duty

It shall be unlawful for any officer, director, employee, agent, or other participant in the management or conduct of the affairs of a licensee to engage in any act or practice, or to omit any act, in breach of his fiduciary duty as such officer, director, employee, agent, or participant, if, as a result thereof, the licensee has suffered or is in imminent danger of suffering financial loss or other damage.

(c) Disqualification of officers and employees for dishonesty, fraud, or breach of trust

Except with the written consent of the Administration, it shall be unlawful—

(1)

for any person hereafter to take office as an officer, director, or employee of a licensee, or to become an agent or participant in the conduct of the affairs or management of a licensee, if—

(A)

he has been convicted of a felony, or any other criminal offense involving dishonesty or breach of trust, or

(B)

he has been found civilly liable in damages, or has been permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any act or practice involving fraud or breach of trust; or

(2)

for any person to continue to serve in any of the above-described capacities, if—

(A)

he is hereafter convicted of a felony, or any other criminal offense involving dishonesty or breach of trust, or

(B)

he is hereafter found civilly liable in damages, or is permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any act or practice involving fraud or breach of trust.

Source credit: (Pub. L. 85–699, title III, § 314, as added Pub. L. 89–779, § 7, Nov. 6, 1966, 80 Stat. 1363.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 85-699 · 80 Stat. 1363

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-699 on 1966-11-06.

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