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Title 7 — Agriculture

Chapter 1 — Commodity Exchanges

§ 13c. Responsibility as principal; minor violations

Statutory text

(a)

Any person who commits, or who willfully aids, abets, counsels, commands, induces, or procures the commission of, a violation of any of the provisions of this chapter, or any of the rules, regulations, or orders issued pursuant to this chapter, or who acts in combination or concert with any other person in any such violation, or who willfully causes an act to be done or omitted which if directly performed or omitted by him or another would be a violation of the provisions of this chapter or any of such rules, regulations, or orders may be held responsible for such violation as a principal.

(b)

Any person who, directly or indirectly, controls any person who has violated any provision of this chapter or any of the rules, regulations, or orders issued pursuant to this chapter may be held liable for such violation in any action brought by the Commission to the same extent as such controlled person. In such action, the Commission has the burden of proving that the controlling person did not act in good faith or knowingly induced, directly or indirectly, the act or acts constituting the violation.

(c)

Nothing in this chapter shall be construed as requiring the Commission or the Commission 1 to report minor violations of this chapter for prosecution, whenever it appears that the public interest does not require such action.

Footnotes

  1. 1 So in original. The words “or the Commission” probably should not appear.

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. Pub. L. 90–258 § 26 · 82 Stat. 26

    Enacted · 7 U.S.C. § 13c

    Sept. 21, 1922, ch. 369, § 13, as added Pub. L. 90–258, § 26, Feb. 19, 1968, 82 Stat. 34

    Source evidence

    Code source credit
    Sept. 21, 1922, ch. 369, § 13, as added Pub. L. 90–258, § 26, Feb. 19, 1968, 82 Stat. 34

    Enacted provision · exact public law section
    Sec. 26. The Commodity Exchange Act, as amended, is further amended by adding thereto a new section 13 to read as follows: “Sec. 13. (a) Any person who commits, or who willfully aids, abets, counsels, commands, induces, or procures the commission of, a violation of any of the provisions of this Act, or any of the rules, regulations, or orders issued pursuant to this Act, or who acts in combination or concert with any other person in any such violation, or who willfully causes an act to be done or omitted which if directly performed or omitted by him or another would be a violation of the provisions of this Act or any of such rules, regulations, or orders may be held responsible in administrative proceedings under this Act for such violation as a principal. “(b) Nothing in this Act shall be construed as requiring the Secretary of Agriculture or the commission to report minor violations of this Act for prosecution, whenever it appears that the public interest does not require such action.”

  2. Commodity Futures Trading Commission Act of 1974

    Pub. L. 93–463 § 103(a) · 88 Stat. 1389

    1. Substituted · 7 U.S.C. § 13c(b)

      Pub. L. 93–463, § 103(a), provided for substitution of “Commission” for “Secretary of Agriculture”

    2. Substituted · 7 U.S.C. § 13c(b)

      Pub. L. 93–463, § 103(a), provided for substitution of “the Commission or the commission” for “the Secretary of Agriculture or the commission”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–463, § 103(a), provided for substitution of “Commission” for “Secretary of Agriculture” except where such words would be stricken by section 103(b), which directed striking the words “the Secretary of Agriculture or” where they appeared in the phrase “the Secretary of Agriculture or the Commission”. Because the word “commission” was not capitalized in the text of this section, section 103(b) did not apply to this section and therefore section 103(a) was executed, resulting in the substitution of “the Commission or the commission” for “the Secretary of Agriculture or the commission”.

    Enacted provision · exact public law section
    (a) By 7 USC 6, 6a, 6c–6g, 6i, 7, 7a, 8, 9, 11, 12, 12–1, 12a, 12b, 13b, 16. striking the word “Secretary” and the words “Secretary of Agriculture” wherever such words appear therein (except where the words “Secretary of Agriculture” first appear in section 5(a)(7 U.S.C. 7) or where said words would be stricken by subsection (b), (c), or (d) of this section) and by inserting in lieu thereof the word “Commission”.

  3. Futures Trading Act of 1982

    Pub. L. 97–444 § 230(1) · 96 Stat. 2294

    Struck · 7 U.S.C. § 13c(a)

    Pub. L. 97–444, § 230(1), struck out “in administrative proceedings under this chapter” after “may be held responsible”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–444, § 230(1), struck out “in administrative proceedings under this chapter” after “may be held responsible”.

    Enacted provision · exact public law section
    (1) striking out “in administrative proceedings under this Act” in subsection (a);

    Effective date note
    Amendment by Pub. L. 97–444 effective Jan. 11, 1983, see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

  4. Futures Trading Act of 1982

    Pub. L. 97–444 § 230(2) · 96 Stat. 2294

    1. Added · 7 U.S.C. § 13c(b); 7 U.S.C. § 13c(c)

      Pub. L. 97–444, § 230(2), (3), added subsec. (b)

    2. Redesignated · 7 U.S.C. § 13c(b); 7 U.S.C. § 13c(c)

      Pub. L. 97–444, § 230(2), (3), redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 97–444, § 230(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    (2) redesignating subsection (b) as subsection (c); and

    Effective date note
    Amendment by Pub. L. 97–444 effective Jan. 11, 1983, see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

  5. Futures Trading Practices Act of 1992

    Pub. L. 102–546 § 402(9)(C) · 106 Stat. 3590

    Struck · 7 U.S.C. § 13c(c)

    Pub. L. 102–546, § 402(9)(C), which directed that “the Secretary of Agriculture or” be struck out, could not be executed because of amendment by Pub. L. 93–463, § 103(a). See 1974 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–546, § 402(9)(C), which directed that “the Secretary of Agriculture or” be struck out, could not be executed because of amendment by Pub. L. 93–463, § 103(a). See 1974 Amendment note below.

    Enacted provision · exact public law section
    (C) in section 13(c); 7 USC 13c.

  6. Futures Trading Practices Act of 1992

    Pub. L. 102–546 § 402(1)(D) · 106 Stat. 3590

    Substituted · 7 U.S.C. § 13c(c)

    Pub. L. 102–546, § 402(1)(D), substituted “Commission” for “commission” before “to report”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–546, § 402(1)(D), substituted “Commission” for “commission” before “to report”.

    Enacted provision · exact public law section
    (D) section 13(c); and inserting “Commission”;

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments1974–1992 · 3 rounds

1992

Subsec. (c). Pub. L. 102–546, § 402(9)(C), which directed that “the Secretary of Agriculture or” be struck out, could not be executed because of amendment by Pub. L. 93–463, § 103(a). See 1974 Amendment note below.

Pub. L. 102–546, § 402(1)(D), substituted “Commission” for “commission” before “to report”.

1983

Subsec. (a). Pub. L. 97–444, § 230(1), struck out “in administrative proceedings under this chapter” after “may be held responsible”.

Subsecs. (b), (c). Pub. L. 97–444, § 230(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

1974

Subsec. (b). Pub. L. 93–463, § 103(a), provided for substitution of “Commission” for “Secretary of Agriculture” except where such words would be stricken by section 103(b), which directed striking the words “the Secretary of Agriculture or” where they appeared in the phrase “the Secretary of Agriculture or the Commission”. Because the word “commission” was not capitalized in the text of this section, section 103(b) did not apply to this section and therefore section 103(a) was executed, resulting in the substitution of “the Commission or the commission” for “the Secretary of Agriculture or the commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–444 effective , see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

Effective Date of 1974 Amendment

For effective date of amendment by Pub. L. 93–463, see section 418 of Pub. L. 93–463, set out as a note under section 2 of this title.

Effective Date

Section effective 120 days after , see section 28 of Pub. L. 90–258, set out as an Effective Date of 1968 Amendment note under section 2 of this title.

Credits

1922–1992 · 4 acts
  1. 1922Sept. 21, 1922, ch. 369, § 13, as added Pub. L. 90–258, § 26, , 82 Stat. 34
  2. 1974amended Pub. L. 93–463, title I, § 103(a), (b), , 88 Stat. 1392
  3. 1983Pub. L. 97–444, title II, § 230, , 96 Stat. 2319
  4. 1992Pub. L. 102–546, title IV, § 402(1)(D), (9)(C), , 106 Stat. 3624, 3625.
Show as published

(Sept. 21, 1922, ch. 369, § 13, as added Pub. L. 90–258, § 26, , 82 Stat. 34; amended Pub. L. 93–463, title I, § 103(a), (b), , 88 Stat. 1392; Pub. L. 97–444, title II, § 230, , 96 Stat. 2319; Pub. L. 102–546, title IV, § 402(1)(D), (9)(C), , 106 Stat. 3624, 3625.)

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