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15 U.S.C. § 78hhh — Examining authority functions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78hhh — Examining authority functions

Each member of SIPC shall file with such member’s examining authority, or collection agent if a collection agent has been designated pursuant to [section 78iii(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78iii/a&num=0&edition=prelim), such information (including reports of, and information with respect to, the gross revenues from the securities business of such member, including the composition thereof, transactions in securities effected by such member, and other information with respect to such member’s activities, whether in the securities business or otherwise, including customer accounts maintained, net capital employed, and activities conducted) as SIPC may determine to be necessary or appropriate for the purpose of making assessments under [section 78ddd of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78ddd&num=0&edition=prelim). The examining authority or collection agent shall file with SIPC all or such part of such information (and such compilations and analyses thereof) as SIPC, by bylaw or rule, shall prescribe. No application, report, or document filed pursuant to this section shall be deemed to be filed pursuant to [section 78r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78r&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_0064c7b9c16949251a8fe6e2
Source file: Laws/federal/codes/united-states-code/title-15/section-78hhh-examining-authority-functions--09cc2f84bd.md
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Source location: Title 15, Chapter 2B–1, § 78hhh; chapter-2b-1-securities-investor-protection.md

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Each member of SIPC shall file with such member’s examining authority, or collection agent if a collection agent has been designated pursuant to [section 78iii(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78iii/a&num=0&edition=prelim), such information (including reports of, and information with respect to, the gross revenues from the securities business of such member, including the composition thereof, transactions in securities effected by such member, and other information with respect to such member’s activities, whether in the securities business or otherwise, including customer accounts maintained, net capital employed, and activities conducted) as SIPC may determine to be necessary or appropriate for the purpose of making assessments under [section 78ddd of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78ddd&num=0&edition=prelim). The examining authority or collection agent shall file with SIPC all or such part of such information (and such compilations and analyses thereof) as SIPC, by bylaw or rule, shall prescribe. No application, report, or document filed pursuant to this section shall be deemed to be filed pursuant to [section 78r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78r&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78r — Liability for misleading statements

**(a) Persons liable; persons entitled to recover; defense of good faith; suit at law or in equity; costs, etc.** Any person who shall make or cause to be made any statement in any application, report, or document filed pursuant to this chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of section 78o of this title, which statement was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, shall be liable to any person (not knowing that such statement was false or misleading) who, in reliance upon such statement, shall have purchased or sold a security at a price which was affected by such statement, for damages caused by such reliance, unless the person sued shall prove that he acted in good faith and had no knowledge that such statement was false or misleading. A person seeking to enforce such liability may sue at law or in equity in any court of competent jurisdiction. In any such suit the court may, in its discretion, require an undertaking for the payment of the costs of such suit, and assess reasonable costs, including reasonable attorneys’ fees, against either party litigant. **(b) Contribution** Every person who becomes liable to make payment under this section may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. **(c) Period of limitations** No action shall be maintained to enforce any liability created under this section unless brought within one year after the discovery of the facts constituting the cause of action and within three years after such cause of action accrued.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78ddd — SIPC Fund

**(a) In general** (1) **Establishment of fund** — SIPC shall establish a “SIPC Fund” (hereinafter in this chapter referred to as the “fund”). All amounts received by SIPC (other than amounts paid directly to any lender pursuant to any pledge securing a borrowing by SIPC) shall be deposited in the fund, and all expenditures made by SIPC shall be made out of the fund. (2) **Balance of the fund** — Except as otherwise provided in this section, the balance of the fund at any time shall consist of the aggregate at such time of the following items: (A) Cash on hand or on deposit. (B) Amounts invested in United States Government or agency securities. (C) Such confirmed lines of credit as SIPC may from time to time maintain, other than those maintained pursuant to paragraph (4). (3) **Confirmed lines of credit** — For purposes of this section, the amount of confirmed lines of credit as of any time is the aggregate amount which SIPC at such time has the right to borrow from banks and other financial institutions under confirmed lines of credit or other written agreements which provide that moneys so borrowed are to be repayable by SIPC not less than one year from the time of such borrowings (including, for purposes of determining when such moneys are repayable, all rights of extension, refunding, or renewal at the election of SIPC). (4) **Other lines** — SIPC may maintain such other confirmed lines of credit as it considers necessary or appropriate, and such other confirmed lines of credit shall not be included in the balance of the fund, but amounts received from such lines of credit may be disbursed by SIPC under this chapter as though such amounts were part of the fund. **(b) Initial required balance for fund** Within one hundred and twenty days from December 3

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78fff–2 — Special provisions of a liquidation proceeding

**(a) Notice and claims** (1) **Notice of proceedings** — Promptly after the appointment of the trustee, such trustee shall cause notice of the commencement of proceedings under this section to be published in one or more newspapers of general circulation in the form and manner determined by the court, and at the same time shall cause a copy of such notice to be mailed to each person who, from the books and records of the debtor, appears to have been a customer of the debtor with an open account within the past twelve months, to the address of such person as it appears from the books and records of the debtor. Notice to creditors other than customers shall be given in the manner prescribed by title 11, except that such notice shall be given by the trustee. (2) **Statement of claim** — A customer shall file with the trustee a written statement of claim but need not file a formal proof of claim, except that no obligation of the debtor to any person associated with the debtor within the meaning of [section 78c(a)(18) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78c/a/18&num=0&edition=prelim) or [section 78c(a)(21) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78c/a/21&num=0&edition=prelim), any beneficial owner of 5 per centum or more of the voting stock of the debtor, or any member of the immediate family of any such person or owner may be satisfied without formal proof of claim. (3) **Time limitations** — No claim of a customer or other creditor of the debtor which is received by the trustee after the expiration of the six-month period beginning on the date of publication of notice under paragraph (1) shall be allowed, except that the court may, upon application within such peri

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78fff–2

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78hhh — Examining authority functions

Page 496 TITLE 15—COMMERCE AND TRADE § 78hhh making 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 Com- mission 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 ap- propriate to carry out the purposes of this chap- ter. (c) Examinations and reports (1) Examination of SIPC, etc. The Commission may make such examina- tions and inspections of SIPC and require SIPC to furnish it with such reports and rec- ords 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 Commis- sion 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 in- clude financial statements setting forth the fi- nancial position of SIPC at the end of such fis- cal year and the results of its operations (in- cluding the source and application of its funds) for such fiscal year. The financial state- ments so included shall be examined by an independent public acc

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 78hhh

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