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Under laws designed to protect retirement savings, financial firms whose affiliates have been convicted of violating securities statutes are effectively barred from the lucrative business of managing those savings.
Perhaps the problem with the statutory focus test for determining extraterritoriality is not the test itself, but simply the way in which the Morrison Court went about identifying the statutory focus; specifically, the Court succumbed to the understandable temptation of asking whether provisions in the securities statutes showed Congress intended to penalize fraud in connection with overseas sales and forgot that the Court was trying to determine whether to trigger a presumption that would answer this question.
Except as otherwise required by applicable securities statutes or regulation, the Company expressly disclaims any intent or obligation to update publicly forward-looking information, whether as a result of new information, future events or otherwise.
The securities statutes provide an express private right of action against accountants and underwriters in certain circumstances and the implied right of action in [section] 10(b) continues to cover secondary actors who commit primary violations .
The main page of the SEC rules section offers a nicely organized approach for drilling down to the securities statutes, rules, and regulations.
The article refers to the verbiage of the statute that indicates "annuity contracts issued to citizens or residents" are protected and makes the case that, because commercial carriers "issue" annuity contracts, and because the definition of "issuer" under the Florida securities statutes refers to arm's length parties issuing securities, the use of the word "issued" in the statute supports the position that the exemption for proceeds of annuity contracts should not include private annuity arrangements.
gov) is the primary federal agency investigating and civilly prosecuting violations of federal securities statutes.
In accordance with this philosophy, the two major federal securities statutes, the Securities Act of 1933 and the Securities Exchange Act of 1934, have a number of provisions concerning the registration of securities and information which must be disclosed.
The Accountants SEC Practice Manual includes information on disclosure requirements, financial data and audit procedures as well as summaries of securities statutes, regulations, accounting series releases and interpretations from SEC Staff Accounting Bulletins (SABs).
One wishes, however, that the treatise had discussed the Investment Company Act in the same comprehensive and thorough way as it does the other major federal securities statutes.
Investors are cautioned not to put undue reliance on forward-looking statements, except as otherwise required by applicable securities statutes or regulations.
The act makes it a criminal offense (now punishable, post-Sarbanes-Oxley and, hence, post-Enron, by up to 25 years in prison per count) to willfully violate any provision of the securities statutes (see also the Securities Act of 1933, section 24; the Bank Holding Company Act, section 29; the Trust Indenture Act, section 325; the Investment Company Act of 1940, section 49; and the Investment Advisers Act of 1940, section 217).
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