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S 647 - 101

Securities Enforcement Remedies and Penny Stock Reform Act of 1990

Became Public Law No: 101-429.

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Finance and banking
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Finance and Financial Sector

Securities Enforcement Remedies and Penny Stock Reform Act of 1990 Became Public Law No: 101-429. Finance and Financial Sector

Securities Enforcement Remedies and Penny Stock Reform Act of 1990 Became Public Law No: 101-429. Finance and Financial Sector

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Summary

39 Senate agreed to House amendment with amendment May 29, 2002

Securities Enforcement Remedies and Penny Stock Reform Act of 1990 - Title I: Amendments to the Securities Act of 1933 - Amends the Securities Act of 1933 to establish tiered civil money penalties for violations. Permits a court to prohibit violators from serving as officers and directors of securities-issuing entities. Authorizes the Securities and Exchange Commission (SEC) to issue: (1) cease and desist orders; (2) temporary restraining orders; and (3) orders for accounting and disgorgement. Title II: Amendments to the Securities Exchange Act of 1934 - Amends the Securities Exchange Act of 1934 to: (1) authorize a court to prohibit individuals from acting as officers or directors of securities-issuing entities if they have demonstrated a substantial unfitness to serve in that capacity; and (2) impose tiered civil money penalties for violations of such Act. Sets forth circumstances under which the SEC (or the appropriate regulatory agency) may: (1) impose tiered civil money penalties pursuant to administrative findings of violations of the Act; (2) enter an order requiring an accounting and disgorgement; (3) issue cease and desist orders; and (4) issue temporary restraining orders. Requires the SEC to establish regulations providing for the expeditious conduct of hearings and rendering of decisions in cease and desist order proceedings. Prohibits a registered transfer agent from engaging in any activity in connection with the guarantee of a signature of an endorser of a security, including the acceptance or rejection of such guarantee, in contravention of SEC rules and regulations. Title III: Amendments to the Investment Company Act of 1940 - Amends the Investment Company Act of 1940 to authorize the SEC to impose civil remedies pursuant to civil and administrative proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title IV: Amendments to the Investment Advisers Act of 1940 - Amends the Investment Advisers Act of 1940 to authorize the SEC to impose civil remedies pursuant to administrative and civil proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title V: Penny Stock Reform - Penny Stock Reform Act of 1990 - Amends the Securities Exchange Act of 1934 to define "penny stock" securities and to extend regulatory authority over persons engaged in penny stock activities. Requires the SEC to prescribe rules implementing such authority by a specified deadline. Empowers the SEC to exclude persons from participating in penny stock distributions if they have violated certain registration regulations. Requires the SEC to make recommendations to each House of Congress on further revision of such Act, including the possibility of expanding its applicability. Prescribes requirements for brokers and dealers in penny stock transactions, including guidelines for mandatory risk disclosure statements. Requires the SEC to: (1) facilitate the establishment of automated penny stock quotation systems according to specified guidelines; and (2) submit annual status reports to the Congress. Authorizes the SEC to designate rules whose violation shall not automatically render a contract void. Amends the Securities Act of 1933 to require the SEC to prescribe special rules for registration statements filed by any issuer that is a blank check company (one with no specific business plan or purpose, or whose intent is to merge with an unidentified company). Authorizes such rules to include the right of shareholder rescission. Amends the Securities Exchange Act of 1934 to require registered securities associations to establish a toll-free consumer hotline regarding broker-dealer disciplinary history. Requires the Comptroller General to report to the Congress on the results of a review of the oversight and enforcement activities of self-regulatory organizations under the Securities Exchange Act of 1934 with respect to penny stocks.

36 Passed House amended May 29, 2002

Securities Enforcement and Penny Stock Reform Act of 1990 - Title I: Amendments to the Securities Act of 1933 - Amends the Securities Act of 1933 to establish civil money penalties for violations. Permits a court to prohibit violators from serving as officers and directors of securities-issuing entities. Authorizes the Securities and Exchange Commission (SEC) to issue: (1) cease and desist orders; (2) temporary restraining orders; and (3) orders for accounting and disgorgement. Title II: Amendments to the Securities Exchange Act of 1934 - Amends the Securities Exchange Act of 1934 to: (1) authorize a court to prohibit individuals from acting as officers or directors of securities-issuing entities if they have demonstrated a substantial unfitness to serve in that capacity; and (2) impose civil money penalties for violations of such Act. Sets forth circumstances under which the SEC (or the appropriate regulatory agency) may: (1) impose civil penalties pursuant to administrative findings of violations of the Act; (2) enter an order requiring an accounting and disgorgement; (3) issue cease and desist orders; and (4) issue temporary restraining orders. Requires the SEC to establish regulations providing for the expeditious conduct of hearings and rendering of decisions in cease and desist order proceedings. Title III: Amendments to the Investment Company Act of 1940 - Amends the Investment Company Act of 1940 to authorize the SEC to impose civil remedies pursuant to civil and administrative proceedings, including: (1) money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title IV: Amendments to the Investment Advisers Act of 1940 - Amends the Investment Advisers Act of 1940 to authorize the SEC to impose civil remedies pursuant to administrative and civil proceedings, including: (1) money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title V: Penny Stock Reform - Penny Stock Reform Act of 1990 - Amends the Securities Exchange Act of 1934 to define "penny stock" securities and to extend regulatory authority over persons engaged in penny stock activities. Requires the SEC to prescribe rules implementing such authority by a specified deadline. Empowers the SEC to exclude persons from participating in penny stock distributions if they have violated certain registration regulations. Prescribes requirements for brokers and dealers in penny stock transactions, including guidelines for mandatory risk disclosure statements. Requires the SEC to: (1) facilitate the establishment of automated penny stock quotation systems according to specified guidelines, submitting annual status reports to the Congress; and (2) report to the Congress the results of a review of penny stock self-regulatory mechanisms. Authorizes the SEC to designate rules whose violation shall not automatically render a contract void. Amends the Securities Act of 1933 to require the SEC to prescribe special rules for registration statements filed by any issuer that is a blank check company (one with no specific business plan or purpose, or whose intent is to merge with an unidentified company). Authorizes such rules to include the right of shareholder rescission. Amends the Securities Exchange Act of 1934 to require registered securities associations to establish a toll-free consumer hotline regarding broker-dealer disciplinary history.

35 Passed Senate amended May 29, 2002

Securities Law Enforcement Remedies Act of 1990 - Title I: Amendments to the Securities Act of 1933 - Amends the Securities Act of 1933 to establish tiered civil money penalties for violations. Permits a court to prohibit violators from serving as officers and directors of securities-issuing entities. Authorizes the Securities and Exchange Commission (SEC) to issue: (1) cease and desist orders; (2) temporary restraining orders; and (3) orders for accounting and disgorgement. Title II: Amendments to the Securities Exchange Act of 1934 - Amends the Securities Exchange Act of 1934 to: (1) authorize a court to prohibit individuals from acting as officers or directors of securities-issuing entities if they have demonstrated a substantial unfitness to serve in that capacity; and (2) impose tiered civil money penalties for violations of such Act. Sets forth circumstances under which the SEC (or the appropriate regulatory agency) may: (1) impose civil penalties pursuant to administrative findings of violations of the Act; (2) enter an order requiring an accounting and disgorgement; (3) issue cease and desist orders; and (4) issue temporary restraining orders. Mandates that the signature guarantee activities of registered transfer agents comply with SEC regulations. Title III: Amendments to the Investment Company Act of 1940 - Amends the Investment Company Act of 1940 to authorize the SEC to impose civil remedies pursuant to civil and administrative proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title IV: Amendments to the Investment Advisers Act of 1940 - Amends the Investment Advisers Act of 1940 to authorize the SEC to impose civil remedies pursuant to administrative and civil proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title V: Amendments to the Criminal Code - Amends Federal criminal law to authorize court-ordered disclosures to the SEC regarding securities law violations brought out in grand jury proceedings.

01 Reported to Senate with amendment(s) May 29, 2002

Securities Law Enforcement Remedies Act of 1990 - Title I: Amendments to the Securities Act of 1933 - Amends the Securities Act of 1933 to establish tiered civil money penalties for violations. Permits a court to prohibit violators from serving as officers and directors of securities-issuing entities. Authorizes the Securities and Exchange Commission (SEC) to issue: (1) cease and desist orders; (2) temporary restraining orders; and (3) orders for accounting and disgorgement. Title II: Amendments to the Securities Exchange Act of 1934 - Amends the Securities Exchange Act of 1934 to: (1) authorize a court to prohibit individuals from acting as officers or directors of securities-issuing entities if they have demonstrated a substantial unfitness to serve in that capacity; and (2) impose tiered civil money penalties for violations of such Act. Sets forth circumstances under which the SEC (or the appropriate regulatory agency) may: (1) impose civil penalties pursuant to administrative findings of violations of the Act; (2) enter an order requiring an accounting and disgorgement; (3) issue cease and desist orders; and (4) issue temporary restraining orders. Mandates that the signature guarantee activities of registered transfer agents comply with SEC regulations. Title III: Amendments to the Investment Company Act of 1940 - Amends the Investment Company Act of 1940 to authorize the SEC to impose civil remedies pursuant to civil and administrative proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title IV: Amendments to the Investment Advisers Act of 1940 - Amends the Investment Advisers Act of 1940 to authorize the SEC to impose civil remedies pursuant to administrative and civil proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders. Title V: Amendments to the Criminal Code - Amends Federal criminal law to authorize court-ordered disclosures to the SEC regarding securities law violations brought out in grand jury proceedings.

00 Introduced in Senate May 29, 2002

Securities Law Enforcement Remedies Act of 1989 - Title I: Amendments to the Securities Act of 1933 - Amends the Securities Act of 1933 to authorize a court to prohibit any person from serving as an officer or director of an issuer of registered securities if such person is found to have violated provisions of such Act or any rules or regulations promulgated pursuant to such Act. Authorizes the Securities and Exchange Commission (SEC) to bring a civil action to impose monetary penalties for such violation not exceeding the greater of: (1) $100,000 for a natural person or $500,000 for any other person; or (2) the gross amount of pecuniary gain to such person as a result of the violation. Title II: Amendments to the Securities Exchange Act of 1934 - Amends the Securities Exchange Act of 1934 to authorize the SEC to prohibit persons from serving as officers or directors of any issuer of registered securities if such a person is found to have failed to comply with or to have caused a failure to comply with certain reporting requirements of such Act. Authorizes a court, upon a proper showing by the SEC, to prohibit persons from serving as officers or directors of any issuer of registered securities. Authorizes the SEC to impose monetary penalties in administrative proceedings against such persons. Limits the amount of such a penalty to $100,000 for a natural person or $500,000 for any other person. Title III: Amendments to the Investment Company Act of 1940 - Amends the Investment Company Act of 1940 to authorize the SEC to impose such monetary penalties in administrative proceedings instituted against investment advisers and certain other persons for violations of such Act and the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940. Authorizes a court to prohibit persons from serving as officers or directors of an issuer of registered securities if such a person is found to have violated provisions of the Investment Company Act of 1940 or any rules or regulations promulgated pursuant to such Act. Authorizes the SEC to bring a civil action to impose upon any such person a penalty not exceeding the greater of: (1) $100,000 for a natural person or $500,000 for any other person; or (2) the gross amount of pecuniary gain to such a person as a result of the violation. Title IV: Amendments to the Investment Advisers Act of 1940 - Amends the Investment Advisers Act of 1940 to authorize the SEC to impose such monetary penalties in administrative proceedings instituted against investment advisors for violations of such Act and the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940. Authorizes a court to prohibit persons from serving as officers or directors of an issuer of registered securities if such a person is found to have violated provisions of the Investment Advisers Act of 1940 or any rules or regulations promulgated pursuant to such Act.

Sponsors

Timeline

Oct 15, 1990

Signed by President.

Oct 15, 1990

Signed by President.

Oct 15, 1990

Became Public Law No: 101-429.

Oct 15, 1990

Became Public Law No: 101-429.

Oct 4, 1990

Measure Signed in Senate.

Oct 4, 1990

Presented to President.

Oct 4, 1990

Presented to President.

Oct 1, 1990

Message on Senate action sent to the House.

Oct 1, 1990

Mr. Markey moved that the House suspend the rules and agree to the Senate amendment to the House amendments.

Oct 1, 1990

Mr. Rinaldo demanded a second on the motion to suspend the rules. Without objection a second was ordered.

Oct 1, 1990

DEBATE - The House proceeded with forty minutes of debate.

Oct 1, 1990

Resolving differences -- House actions: On motion that the House agree to the Senate amendment to the House amendments Agreed to by voice vote.

Oct 1, 1990

On motion that the House agree to the Senate amendment to the House amendments Agreed to by voice vote.

Oct 1, 1990

Motion to reconsider laid on the table Agreed to without objection.

Sep 27, 1990

Measure laid before Senate.

Sep 27, 1990

Resolving differences -- Senate actions: Senate concurred in the House amendments with an amendment and agree to the House title amendment by Voice Vote.

Sep 27, 1990

Senate concurred in the House amendments with an amendment and agree to the House title amendment by Voice Vote.

Jul 26, 1990

Message on House action received in Senate and held at desk: House amendments to Senate bill.

Jul 23, 1990

Received in the House.

Jul 23, 1990

Considered by unanimous consent.

Jul 23, 1990

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 5325. Agreed to without objection.

Jul 23, 1990

Passed/agreed to in House: On passage Passed without objection.

Jul 23, 1990

On passage Passed without objection.

Jul 23, 1990

A similar measure H.R. 5325 was laid on the table without objection.

Jul 23, 1990

The title of the measure was amended to that of similar measure H.R. 5325. Agreed to without objection.

Jul 23, 1990

Motion to reconsider laid on the table Agreed to without objection.

Jul 23, 1990

Message on Senate action sent to the House.

Jul 18, 1990

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Jul 18, 1990

Passed Senate with an amendment by Voice Vote.

Jun 26, 1990

Committee on Banking. Reported to Senate by Senator Riegle with an amendment in the nature of a substitute. With written report No. 101-337.

Jun 26, 1990

Committee on Banking. Reported to Senate by Senator Riegle with an amendment in the nature of a substitute. With written report No. 101-337.

Jun 26, 1990

Placed on Senate Legislative Calendar under General Orders. Calendar No. 645.

May 24, 1990

Committee on Banking. Ordered to be reported with an amendment in the nature of a substitute favorably.

Feb 8, 1990

Subcommittee on Securities. Hearings concluded. Hearings printed: S.Hrg. 101-935.

Feb 1, 1990

Subcommittee on Securities. Hearings held.

Apr 18, 1989

Subcommittee on Securities. Hearings held. Hearings printed: S.Hrg. 101-131.

Mar 17, 1989

Introduced in Senate

Mar 17, 1989

Read twice and referred to the Committee on Banking.

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