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Code · STATUTE-COMPILATIONS · Holding Foreign Companies Accountable Act · Sec. 3

Sec. 3. ADDITIONAL DISCLOSURE

439 words·~2 min read·/statute-compilations/comps-15889/sec-3

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## SEC. 3 ADDITIONAL DISCLOSURE **[**[15 U.S.C. 7214a](/us/usc/t15/s7214a)**]** ###
(a)Definitions In this section— ####
(1)the term “audit report” has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)); ####
(2)the term “Commission” means the Securities and Exchange Commission; ####
(3)the term “covered form”— #####
(A)means— ######
(i)the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation; and ######
(ii)the form described in section 249.220f of title 17, Code of Federal Regulations, or any successor regulation; and #####
(B)includes a form that— ######
(i)is the equivalent of, or substantially similar to, the form described in clause
(i)or
(ii)of subparagraph (A); and ######
(ii)a foreign issuer files with the Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or rules issued under that Act; ####
(4)the terms “covered issuer” and “non-inspection year” have the meanings given the terms in subsection (i)(1) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by section 2 of this Act; and ####
(5)the term “foreign issuer” has the meaning given the term in section 240.3b-4 of title 17, Code of Federal Regulations, or any successor regulation. ###
(b)Requirement Each covered issuer that is a foreign issuer and for which, during a non-inspection year with respect to the covered issuer, a registered public accounting firm described in subsection (i)(2)(A) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by section 2 of this Act, has prepared an audit report shall disclose in each covered form filed by that issuer that covers such a non-inspection year— ####
(1)that, during the period covered by the covered form, such a registered public accounting firm has prepared an audit report for the issuer; ####
(2)the percentage of the shares of the issuer owned by governmental entities in the foreign jurisdiction in which the issuer is incorporated or otherwise organized; ####
(3)whether governmental entities in the applicable foreign jurisdiction with respect to that registered public accounting firm have a controlling financial interest with respect to the issuer; ####
(4)the name of each official of the Chinese Communist Party who is a member of the board of directors of— #####
(A)the issuer; or #####
(B)the operating entity with respect to the issuer; and ####
(5)whether the articles of incorporation of the issuer (or equivalent organizing document) contains any charter of the Chinese Communist Party, including the text of any such charter.
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