§ 6b–1. Enforcement authority
665 words·~3 min read·
/usc/title-7/section-6b-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsections (b), (c), and (d), the Commission shall have exclusive authority to enforce the provisions of subtitle A of the Wall Street Transparency and Accountability Act of 2010 with respect to any person. The prudential regulators shall have exclusive authority to enforce the provisions of section 6s(e) of this title with respect to swap dealers or major swap participants for which they are the prudential regulator. If the prudential regulator for a swap dealer or major swap participant has cause to believe that the swap dealer or major swap participant, or any affiliate or division of the swap dealer or major swap participant, may have engaged in conduct that constitutes a violation of the nonprudential requirements of this chapter (including section 6s of this title or rules adopted by the Commission under that section), the prudential regulator may promptly notify the Commission in a written report that includes— a request that the Commission initiate an enforcement proceeding under this chapter; and an explanation of the facts and circumstances that led to the preparation of the written report.
If the Commission has cause to believe that a swap dealer or major swap participant that has a prudential regulator may have engaged in conduct that constitutes a violation of any prudential requirement of section 6s of this title or rules adopted by the Commission under that section, the Commission may notify the prudential regulator of the conduct in a written report that includes— a request that the prudential regulator initiate an enforcement proceeding under this chapter or any other Federal law (including regulations); and an explanation of the concerns of the Commission, and a description of the facts and circumstances, that led to the preparation of the written report.
If the Commission does not initiate an enforcement proceeding before the end of the 90-day period beginning on the date on which the Commission receives a written report under subsection (c)(1), the prudential regulator may initiate an enforcement proceeding. If the prudential regulator does not initiate an enforcement proceeding before the end of the 90-day period beginning on the date on which the prudential regulator receives a written report under subsection (c)(2), the Commission may initiate an enforcement proceeding.
( Sept. 21, 1922, ch. 369, § 4b–1 , as added Pub. L. 111–203, title VII, § 741(a) , July 21, 2010 , 124 Stat. 1729 .)
Connections6 cite this
3 references not yet in our index
- Pub. L. 111-203
- 124 Stat. 1729
- 124 Stat. 1641
Citation graph
cites case law
§ 6b–1
Enforcement authority
Fed. Reg.×6
Pub. L.Pub. L. 111-203
Stat.124 Stat. 1729
Stat.124 Stat. 1641
Cites 3Cited by 6 across 1 source