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15 U.S.C. § 78gggSEC functions

submitted 56 years ago by Pub. L. 91-598 to r/title-15-COMMERCE-AND-TRADE · 388 words · no verdicts yet

in plain englishAI-generated · not legal advice

The SEC must follow notice-and-comment steps before making certain SIPC-related rules, but doesn't need a full trial-type hearing. If SIPC refuses to protect customers of a failing member, the SEC can sue to force it to act. The SEC can also inspect SIPC and requires SIPC's annual reports.

(a) Administrative procedure — When the SEC makes rules under sections 78ccc(e)(3) and 78iii(f), it must give proper notice and a chance for interested people to comment or be heard, following the rulemaking steps in section 553 of title 5. But holding a hearing doesn't stop the SEC from adopting the rule once the notice period ends. The SEC does not have to hold this on a formal court-like record. (b) Enforcement of actions — If SIPC refuses to spend its money or otherwise act to protect customers of a member, the SEC can go to the federal district court where SIPC's main office is located and ask for an order forcing SIPC to do its job under this chapter, plus any other relief the court thinks fits the purpose of this chapter. (c) Examinations and reports — (1) The SEC can examine and inspect SIPC and require it to hand over any reports or records the SEC thinks are necessary or appropriate to protect the public or carry out this chapter's purpose. (2) After each fiscal year ends, SIPC must send the SEC a written report on its business and the powers it exercised that year, including financial statements showing its financial position and how it used its funds. An independent accountant, chosen by SIPC and approved by the SEC, must review those financial statements and attach their own report. The SEC then sends this report to the President and Congress, adding any comments it wants.
the actual law source: uscode.house.gov ↗public domain
(a) Administrative procedure

Determinations of the Commission, for purposes of making rules pursuant to section 78ccc(e)(3) and section 78iii(f) of this title shall be after appropriate notice and opportunity for a hearing, and for submission of views of interested persons in accordance with the rulemaking procedures specified in section 553 of title 5, but the holding of a hearing shall not prevent adoption of any such rule or regulation upon expiration of the notice period specified in subsection (d) of such section and shall not be required to be on a record within the meaning of subchapter II of chapter 5 of such title.

(b) Enforcement of actions

In the event of the refusal of SIPC to commit its funds or otherwise to act for the protection of customers of any member of SIPC, the Commission may apply to the district court of the United States in which the principal office of SIPC is located for an order requiring SIPC to discharge its obligations under this chapter and for such other relief as the court may deem appropriate to carry out the purposes of this chapter.

(c) Examinations and reports
(1) Examination of SIPC, etc.

The Commission may make such examinations and inspections of SIPC and require SIPC to furnish it with such reports and rec­ords or copies thereof as the Commission may consider necessary or appropriate in the public interest or to effectuate the purposes of this chapter.

(2) Reports from SIPC

As soon as practicable after the close of each fiscal year, SIPC shall submit to the Commission a written report relative to the conduct of its business, and the exercise of the other rights and powers granted by this chapter, during such fiscal year. Such report shall include financial statements setting forth the financial position of SIPC at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year. The financial statements so included shall be examined by an independent public accountant or firm of independent public accountants, selected by SIPC and satisfactory to the Commission, and shall be accompanied by the report thereon of such accountant or firm. The Commission shall transmit such report to the President and the Congress with such comment thereon as the Commission may deem appropriate.

Source credit: (Pub. L. 91–598, § 11, formerly § 7, Dec. 30, 1970, 84 Stat. 1652, 1653; renumbered § 11 and amended Pub. L. 95–283, §§ 9, 10, May 21, 1978, 92 Stat. 260, 268.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-598 · 84 Stat. 1652, 1653
  • 1978Amended · Pub. L. 95-283 · 92 Stat. 260, 268

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-598 on 1970-12-30.

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