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15 U.S.C. § 80a–33Destruction and falsification of reports and records

submitted 86 years ago by ch. 686 to r/title-15-COMMERCE-AND-TRADE · 204 words · no verdicts yet

in plain englishAI-generated · not legal advice

No one may willfully destroy or alter records that this law requires investment companies to keep. No one may put false statements, or leave out needed facts, in filings this law requires. An accountant who signs part of a filing is responsible for that part too.

(a) Willful destruction. It's unlawful for anyone, unless an SEC rule, regulation, or order allows it, to willfully destroy, mutilate, or alter any account, book, or document that section 80a–30(a) or 80a–31(c) requires be kept. (b) Untrue statements or omissions. It's unlawful for anyone to make an untrue statement of a material fact in a registration statement, application, report, account, record, or other document filed or sent under this law, or kept because section 80a–30(a) requires it. It's also unlawful for anyone filing, sending, or keeping such a document to leave out a fact needed to keep the statements in it from being misleading, given the circumstances. If an accountant or auditor signs or certifies part of such a document in that role, that part counts as filed, sent, or kept by the accountant too, as well as by whoever handles the whole document.
the actual law source: uscode.house.gov ↗public domain
(a) Willful destruction

It shall be unlawful for any person, except as permitted by rule, regulation, or order of the Commission, willfully to destroy, mutilate, or alter any account, book, or other document the preservation of which has been required pursuant to section 80a–30(a) or 80a–31(c) of this title.

(b) Untrue statements or omissions

It shall be unlawful for any person to make any untrue statement of a material fact in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to section 80a–30 (a) of this title. It shall be unlawful for any person so filing, transmitting, or keeping any such document to omit to state therein any fact necessary in order to prevent the statements made therein, in the light of the circumstances under which they were made, from being materially misleading. For the purposes of this subsection, any part of any such document which is signed or certified by an accountant or auditor in his capacity as such shall be deemed to be made, filed, transmitted, or kept by such accountant or auditor, as well as by the person filing, transmitting, or keeping the complete document.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 34, 54 Stat. 840.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of Aug. 22, 1940, ch. 686 · 54 Stat. 840

A history note hasn’t been published yet. The record shows enactment by ch. 686 on 1940-08-22.

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