§ 77q. Fraudulent interstate transactions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1933

   Pub. L. 73–38 · 48 Stat. 74

   Enacted · 15 U.S.C. § 77q

   May 27, 1933, ch. 38, title I, § 17, 48 Stat. 84

   Source evidence

   Code source credit
   May 27, 1933, ch. 38, title I, § 17, 48 Stat. 84

2. 1954

   Public Law not identified

   Inserted · 15 U.S.C. § 77q(a)

   Subsec. (a). Act Aug. 10, 1954, inserted “offer or” before “sale” in introductory text

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 10, 1954, inserted “offer or” before “sale” in introductory text.

3. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(5)(tIII)(s302)(b) · 114 Stat. 2763

   Amended · 15 U.S.C. § 77q(a)

   Pub. L. 106–554, § 1(a)(5) [title III, § 302(b)], amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “It shall be unlawful for any person in the offer or sale of any securities by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, directly or indirectly—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–554, § 1(a)(5) [title III, § 302(b)], amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “It shall be unlawful for any person in the offer or sale of any securities by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, directly or indirectly—

   “(1) to employ any device, scheme, or artifice to defraud, or “(2) to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or “(3) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.”

   Enacted provision · exact public law section
   (5) H.R. 5660, as introduced on December 14, 2000.

4. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(5)(tIII)(s302)(c) · 114 Stat. 2763

   Added · 15 U.S.C. § 77q(d)

   Pub. L. 106–554, § 1(a)(5) [title III, § 302(c)], added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–554, § 1(a)(5) [title III, § 302(c)], added subsec. (d).

   Enacted provision · exact public law section
   (5) H.R. 5660, as introduced on December 14, 2000.

5. 2010

   Wall Street Transparency and Accountability Act of 2010

   Pub. L. 111–203 § 762(c)(2)(A) · 124 Stat. 1376

   1. Inserted · 15 U.S.C. § 77q(a)

      Pub. L. 111–203, § 762(c)(2)(A), in introductory provisions, inserted “(including security-based swaps)” after “securities”

   2. Substituted · 15 U.S.C. § 77q(a)

      Pub. L. 111–203, § 762(c)(2)(A), in introductory provisions, substituted “(as defined in section 78c(a)(78) of this title)” for “(as defined in section 206B of the Gramm-Leach-Bliley Act)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–203, § 762(c)(2)(A), in introductory provisions, inserted “(including security-based swaps)” after “securities” and substituted “(as defined in section 78c(a)(78) of this title)” for “(as defined in section 206B of the Gramm-Leach-Bliley Act)”.

   Enacted provision · exact public law section
   (A) in subsection (a)— (i) by inserting “(including security-based swaps)” after “securities”; and (ii) by striking “(as defined in section 206B of the Gramm-Leach-Bliley Act)” and inserting “(as defined in section 3(a)(78) of the Securities Exchange Act)”; and

   Effective date note
   Amendment by Pub. L. 111–203 effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle B (§§ 761–774) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle B, see section 774 of Pub. L. 111–203, set out as a note under section 77b of this title.

6. 2010

   Wall Street Transparency and Accountability Act of 2010

   Pub. L. 111–203 § 762(c)(2)(B) · 124 Stat. 1376

   Substituted · 15 U.S.C. § 77q(d)

   Pub. L. 111–203, § 762(c)(2)(B), substituted “78c(a)(78) of this title” for “206B of the Gramm-Leach-Bliley Act”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–203, § 762(c)(2)(B), substituted “78c(a)(78) of this title” for “206B of the Gramm-Leach-Bliley Act”.

   Enacted provision · exact public law section
   (B) in subsection (d), by striking “206B of the Gramm-Leach-Bliley Act” and inserting “3(a)(78) of the Securities Exchange Act of 1934”.

   Effective date note
   Amendment by Pub. L. 111–203 effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle B (§§ 761–774) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle B, see section 774 of Pub. L. 111–203, set out as a note under section 77b of this title.

5 of 7 references resolved to an enrolled provision · 1 partial · 1 unresolved