15-U.S.C.-78D-3

15-U.S.C.-78D-3

§78D-3 – §78D-3. Appearance and Practice Before The Commission

Pathway

Title 15 > Chapter 2B > Section 78d-3

Details

  • Reference: Section 78d-3
  • Legend: §78D-3 – §78D-3. Appearance and Practice Before The Commission
  • USCode Year: 2013

Provision Content

(a) Authority to censure

The Commission may censure any person, or deny, temporarily or permanently, to any person the privilege of appearing or practicing before the Commission in any way, if that person is found by the Commission, after notice and opportunity for hearing in the matter—

(1) not to possess the requisite qualifications to represent others;

(2) to be lacking in character or integrity, or to have engaged in unethical or improper professional conduct; or

(3) to have willfully violated, or willfully aided and abetted the violation of, any provision of the securities laws or the rules and regulations issued thereunder.

(b) Definition

With respect to any registered public accounting firm or associated person, for purposes of this section, the term improper professional conduct means—

(1) intentional or knowing conduct, including reckless conduct, that results in a violation of applicable professional standards; and

(2) negligent conduct in the form of—

(A) a single instance of highly unreasonable conduct that results in a violation of applicable professional standards in circumstances in which the registered public accounting firm or associated person knows, or should know, that heightened scrutiny is warranted; or

(B) repeated instances of unreasonable conduct, each resulting in a violation of applicable professional standards, that indicate a lack of competence to practice before the Commission.

(June 6, 1934, ch. 404, title I, §4C, as added Pub. L. 107–204, title VI, §602, July 30, 2002, 116 Stat. 794.)

U.S. Encyclopedia of Law Coverage

15-U.S.C.-78D-1 in the Legal Encyclopedia: Trade Law

In this entry about 15-U.S.C.-78D-1, find legal reference material, bibliographies and premiere content related to trade law in the American Encyclopedia of Law, presenting a comprehensive view of the United States trade law-specific issues, written by authorities in the field.

15-U.S.C.-78C-2 in the Legal Encyclopedia: Securities Exchanges

In this entry about 15-U.S.C.-78C-2, find legal reference material, bibliographies and premiere content related to securities exchanges in the American Encyclopedia of Law, presenting a comprehensive view of the United States securities exchanges-specific issues, written by authorities in the field.

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