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15 U.S.C. § 77oLiability of controlling persons

submitted 93 years ago by ch. 38 to r/title-15-COMMERCE-AND-TRADE · 196 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who controls a person or company that's liable for securities fraud is also liable for it. This includes control through stock ownership or an agreement with others. Someone who knowingly helps another person break securities law is treated as if they broke it too.

(a) Controlling persons Every person who controls someone liable under section 77k or 77l — whether through stock ownership, an agency relationship, or otherwise, or through an agreement or understanding with one or more other people acting the same way — is also liable, jointly and severally, to the same extent as the person they control, and to the same people that controlled person owes money to. The only exception is if the controlling person had no knowledge of, and no reasonable ground to believe in, the facts that make the controlled person liable. (b) Aiding and abetting violations For purposes of any SEC enforcement action brought under section 77t(b) or (d), anyone who knowingly or recklessly gives substantial assistance to someone else who is violating a provision of this subchapter, or a rule or regulation issued under it, is treated as violating that same provision to the same extent as the person who received the assistance.
the actual law source: uscode.house.gov ↗public domain
(a) Controlling persons

Every person who, by or through stock ownership, agency, or otherwise, or who, pursuant to or in connection with an agreement or understanding with one or more other persons by or through stock ownership, agency, or otherwise, controls any person liable under sections 77k or 77l of this title, shall also be liable jointly and severally with and to the same extent as such controlled person to any person to whom such controlled person is liable, unless the controlling person had no knowledge of or reasonable ground to believe in the existence of the facts by reason of which the liability of the controlled person is alleged to exist.

(b) Prosecution of persons who aid and abet violations

For purposes of any action brought by the Commission under subparagraph (b) or (d) of section 77t of this title, any person that knowingly or recklessly provides substantial assistance to another person in violation of a provision of this subchapter, or of any rule or regulation issued under this subchapter, shall be deemed to be in violation of such provision to the same extent as the person to whom such assistance is provided.

Source credit: (May 27, 1933, ch. 38, title I, § 15, 48 Stat. 84; June 6, 1934, ch. 404, title II, § 208, 48 Stat. 908; Pub. L. 111–203, title IX, § 929M(a), July 21, 2010, 124 Stat. 1861.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of May 27, 1933, ch. 38 · 48 Stat. 84
  • 1934Amended · Act of June 6, 1934, ch. 404 · 48 Stat. 908
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1861

A history note hasn’t been published yet. The record shows enactment by ch. 38 on 1933-05-27.

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