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15 U.S.C. § 78kkkMiscellaneous provisions

submitted 56 years ago by Pub. L. 91-598 to r/title-15-COMMERCE-AND-TRADE · 695 words · no verdicts yet

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This section sets ground rules for SIPC: its reports are public unless disclosure would hurt the public interest, and members generally aren't liable for each other's actions. SIPC and its staff have immunity for good-faith actions, and SIPC is tax-exempt except on real and tangible property.

(a) Public inspection of reports — Any notice, report, or document filed with SIPC under this chapter is open to public inspection, unless SIPC or the SEC decides that disclosing it isn't in the public interest. This doesn't let SIPC withhold documents from Congress or its relevant committees, or from the SEC, when the SEC needs them. (b) Liability of members of SIPC — Besides the assessments it must pay under section 78ddd, no SIPC member is liable, as a member, for any other broker or dealer's actions or failures — whether tied to that firm's business or not. No member is liable for SIPC's own debts either. (c) Liability of SIPC and Directors, officers, or employees — Neither SIPC nor its directors, officers, or employees can be held liable to anyone for actions taken, or not taken, in good faith under this chapter. (d) Advertising — SIPC must set bylaws controlling how a member can display signs or ads about the customer protections this chapter provides. A member can't display such a sign or make such a claim except as those bylaws allow. SIPC can also require, by bylaw, that members give the public minimum notice that they're SIPC members. (e) SIPC exempt from taxation — SIPC — its property, franchise, capital, reserves, surplus, and income — is exempt from federal, state, and local taxes, except that its real property and tangible personal property (other than cash and securities) can still be taxed at the same rate as similar property generally. Assessments paid by a member count as ordinary and necessary business expenses under section 162(a) of title 26. Contributions of funds or securities to SIPC from a pre-1970 exchange trust set up to help customers don't create taxable gain or income for anyone, and don't affect the tax-expense status of the exchange's earlier contributions to that trust. If SIPC ever dissolves, none of its remaining assets go to its members. (f) Section 78t(a) of this title not to apply — Section 78t(a)'s liability rules don't apply to any liability arising under this chapter. (g) SEC study of unsafe or unsound practices — Within 12 months of December 30, 1970, the SEC had to compile a list of unsafe or unsound practices by SIPC members and report to Congress: (1) what's already being done under existing law to fix those practices, and (2) what new legislation might be needed to fix them.
the actual law source: uscode.house.gov ↗public domain
(a) Public inspection of reports

Any notice, report, or other document filed with SIPC pursuant to this chapter shall be available for public inspection unless SIPC or the Commission shall determine that disclosure thereof is not in the public interest. Nothing herein shall act to deny documents or information to the Congress of the United States or the committees of either House having jurisdiction over financial institutions, securities regulation, or related matters under the rules of each body. Nor shall the Commission be denied any document or information which the Commission, in its judgment, needs.

(b) Liability of members of SIPC

Except for such assessments as may be made upon such member pursuant to the provisions of section 78ddd of this title, no member of SIPC shall have any liability under this chapter as a member of SIPC for, or in connection with, any act or omission of any other broker or dealer whether in connection with the conduct of the business or affairs of such broker or dealer or otherwise and, without limiting the generality of the foregoing, no member shall have any liability for or in respect of any indebtedness or other liability of SIPC.

(c) Liability of SIPC and Directors, officers, or employees

Neither SIPC nor any of its Directors, officers, or employees shall have any liability to any person for any action taken or omitted in good faith under or in connection with any matter contemplated by this chapter.

(d) Advertising

SIPC shall by bylaw prescribe the manner in which a member of SIPC may display any sign or signs (or include in any advertisement a statement) relating to the protection to customers and their accounts, or any other protections, afforded under this chapter. No member may display any such sign, or include in an advertisement any such statement, except in accordance with such bylaws. SIPC may also by bylaw prescribe such minimal requirements as it considers necessary and appropriate to require a member of SIPC to provide public notice of its membership in SIPC.

(e) SIPC exempt from taxation

SIPC, its property, its franchise, capital, reserves, surplus, and its income, shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing authority, except that any real property and any tangible personal property (other than cash and securities) of SIPC shall be subject to State and local taxation to the same extent according to its value as other real and tangible personal property is taxed. Assessments made upon a member of SIPC shall constitute ordinary and necessary expenses in carrying on the business of such member for the purpose of section 162(a) of title 26. The contribution and transfer to SIPC of funds or securities held by any trust established by a national securities exchange prior to January 1, 1970, for the purpose of providing assistance to customers of members of such exchange, shall not result in any taxable gain to such trust or give rise to any taxable income to any member of SIPC under any provision of title 26, nor shall such contribution or transfer, or any reduction in assessments made pursuant to this chapter, in any way affect the status, as ordinary and necessary expenses under section 162(a) of title 26, of any contributions made to such trust by such exchange at any time prior to such transfer. Upon dissolution of SIPC, none of its net assets shall inure to the benefit of any of its members.

(f)Section 78t(a) of this title not to apply

The provisions of subsection (a) of section 78t of this title shall not apply to any liability under or in connection with this chapter.

(g) SEC study of unsafe or unsound practices

Not later than twelve months after December 30, 1970, the Commission shall compile a list of unsafe or unsound practices by members of SIPC in conducting their business and report to the Congress (1) the steps being taken under the authority of existing law to eliminate those practices and (2) recommendations concerning additional legislation which may be needed to eliminate those unsafe or unsound practices.

Source credit: (Pub. L. 91–598, § 15, formerly § 11, Dec. 30, 1970, 84 Stat. 1655; renumbered § 15 and amended Pub. L. 95–283, §§ 9, 14, May 21, 1978, 92 Stat. 260, 270; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-598 · 84 Stat. 1655
  • 1978Amended · Pub. L. 95-283 · 92 Stat. 260, 270
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2095

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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