§ 77q. Fraudulent interstate transactions
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/usc/title-15/section-77qA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Use of interstate commerce for purpose of fraud or deceit It shall be unlawful for any person in the offer or sale of any securities (including security-based swaps) or any security-based swap agreement (as defined in section 78c(a)(78) 1 of this title) by the use of any means or instruments of transportation or communication in interstate commerce or by 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 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.
(b)Use of interstate commerce for purpose of offering for sale It shall be unlawful for any person, by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, to publish, give publicity to, or circulate any notice, circular, advertisement, newspaper, article, letter, investment service, or communication which, though not purporting to offer a security for sale, describes such security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof.
(c)Exemptions of section 77c not applicable to this section The exemptions provided in section 77c of this title shall not apply to the provisions of this section.
(d)Authority with respect to security-based swap agreements The authority of the Commission under this section with respect to security-based swap agreements (as defined in section 78c(a)(78) of this title) shall be subject to the restrictions and limitations of section 77b–1(b) of this title.
(May 27, 1933, ch. 38, title I, § 17, 48 Stat. 84; Aug. 10, 1954, ch. 667, title I, § 10, 68 Stat. 686; Pub. L. 106–554, § 1(a)(5) [title III, § 302(b), (c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–452; Pub. L. 111–203, title VII, § 762(c)(2), July 21, 2010, 124 Stat. 1759.)
Connections226 cite this · traces to 3
Cited by 226 sections · top 60
U.S. Code
- § 78cDefinitions and application
- § 77eProhibitions relating to interstate commerce and the mails
- § 78jManipulative and deceptive devices
- § 78uInvestigations and actions
- § 1135Regulations
- § 77tInjunctions and prosecution of offenses
- § 77vJurisdiction of offenses and suits
- § 9675Applicability of securities laws
- § 3904Securities laws
public-private-law
CFR
- § 230.506Exemption for limited offers and sales without regard to dollar amount of offering.
- § 242.100Preliminary note; definitions.
- § 230.239Exemption for offers and sales of certain security-based swaps.
- § 230.156Investment company and registered non-variable annuity sales literature.
- § 230.238Exemption for standardized options.
- § 230.262Disqualification provisions.
- § 230.240Exemption for certain security-based swaps.
- § 227.503Disqualification provisions.
statutes-at-large
- Public Law 93–84
- Public Law 106–554Making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 99–272To provide for reconciliation pursuant to section 2 of the first concurrent resolution on the budget for fiscal year 1986 (S
- Public Law 97–45To facilitate the ability of product sellers to establish product liability risk retention groups, to facilitate the ability of such sellers to purchase product liability insurance on a group basis, and for other purposes
- Public Law 99–498To reauthorize and revise the Higher Education Act of 1965, and for other purposes
- Public Law 115–66To direct the Securities and Exchange Commission to provide a safe harbor related to certain investment fund research reports, and for other purposes
register
- NoticesNotice of proposed exemptions
- Rules and RegulationsProposed rule
- NoticesInterpretation
- NoticesFinal rule
- NoticesProposed rules
- Rules and RegulationsExemptive order
- Rules and RegulationsNotice of proposed rulemaking and rescission of a statement of policy
- NoticesNotice and request for comments
- NoticesNotice
- Rules and RegulationsProposed rules
- NoticesFinal rule
- NoticesRequest for comment
- Rules and RegulationsFinal rule
- Rules and RegulationsNotice of statement of general policy with request for public comment
- NoticesFinal rules and technical amendment
- NoticesFinal rule
- Rules and RegulationsNotice of proposed rulemaking
- NoticesFinal rule
- Proposed RulesProposed rule
- NoticesProposed rules
- Presidential DocumentsProposed rule
- Rules and RegulationsProposed rule
- Proposed RulesPublication of list of rules scheduled for review
- NoticesNotice of (A) proposed temporary, emergency amendments to sentencing guidelines, policy statements, and commentary; (B) proposed permanent, non-emergency amendments to sentencing guidelines, policy statements, and commentary
- NoticesSECURITIES AND EXCHANGE COMMISSION
- Presidential DocumentsNotice of: (A) promulgation of temporary, emergency amendments, effective May 1, 2001, for (1) offenses involving the manufacture, importation, exportation, or trafficking of “Ecstasy”; (2) offenses involving the manufacture, importation, or trafficking of amphetamine; (3) offenses involving the trafficking of certain List I chemicals that are used in the manufacture of methamphetamine; and (4) offenses involving peonage and human trafficking; and (B) submission to Congress of additional non-emergency amendments to the sentencing guidelines, effective November 1, 2001
- NoticesFinal rule
- NoticesFinal rule
- NoticesNotice
- NoticesProposed rule
- Proposed RulesProposed rule
- NoticesInterpretation
- NoticesFinal rule; request for comment
- Presidential DocumentsProposed rule
- NoticesNotice of application for substituted compliance determination; proposed order
- NoticesSECURITIES AND EXCHANGE COMMISSION
16 references not yet in our index
- 1
- May 27, 1933, ch. 38
- 48 Stat. 84
- Aug. 10, 1954, ch. 667
- 68 Stat. 686
- Pub. L. 106–554, § 1(a)(5) [title III, § 302(b), (c)]
- 114 Stat. 2763
- Pub. L. 111–203, title VII, § 762(c)(2)
- 124 Stat. 1759
- act June 6, 1934, ch. 404
- Pub. L. 111–203, § 762(c)(2)(A)
- Pub. L. 111–203, § 762(c)(2)(B)
- Pub. L. 106–554, § 1(a)(5) [title III, § 302(b)]
- Pub. L. 106–554, § 1(a)(5) [title III, § 302(c)]
- Pub. L. 111–203
- section 774 of Pub. L. 111–203
Citation graph
cites case law
§ 77q
Fraudulent interstate transactions
Fed. Reg.×172
Bills×21
C.F.R.×10
Stat.×9
U.S.C.×9
Stat. Comp.×4
Pub. L.×1
Cite1
ActMay 27, 1933, ch. 38
Stat.48 Stat. 84
ActAug. 10, 1954, ch. 667
Stat.68 Stat. 686
Cites 19 · showing 8Cited by 226 across 7 sources