An amendment numbered 6 printed in Part A of House Report 112-265 to preserve a state's right to enforce securities laws with respect to fraud, deceit or unlawful conduct.
What it does: 2 changes: replaces text, inserts textDescription
Amendment ensures that the States' securities regulators have the authority to police fraud, deceit, misrepresentation, and other unlawful behavior in order to protect investors.
What it changes
2 changes to H.R. 2930 · all shown in the bill's text
Change 1: Replaces “Section” at the section 4 with new text
ReplacesIn H.R. 2930 · Reported in House
SEC. 4. PREEMPTION OF STATE LAW.
[inserted: (a) In General.--]Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
Original wording
In section 4, strike “Section” and insert the following:
Change 2: Inserts new text at the end of section 4
InsertsIn H.R. 2930 · Reported in House
"(C) section 4(6);". Union Calendar No. 175
Inserted: (b) Clarification of the Preservation of State Enforcement Authority.--
Inserted: (1) In general.--The amendments made by subsection (a) relate solely to State registration, documentation, and offering requirements, as described under section 18(a) of Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 4(6) of such Act.
Inserted: (2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians.--Section 18(c)(1) of the Securities Act of 1933 is amended by striking "with respect to fraud or deceit, or unlawful conduct by a broker or dealer, in connection with securities or securities transactions." and inserting the following: ", in connection with securities or securities transactions, with respect to--
Inserted: "(A) fraud or deceit;
Inserted: "(B) unlawful conduct by a broker or dealer; and
Inserted: "(C) with respect to a transaction described under section 4(6), unlawful conduct by an intermediary, issuer, or custodian.".
Original wording
In section 4, add at the end the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
In section 4, strike “Section” and insert the following:
(a) In General.--Section
In section 4, add at the end the following:
(b) Clarification of the Preservation of State Enforcement Authority.--
(1) In general.--The amendments made by subsection (a) relate solely to State registration, documentation, and offering requirements, as described under section 18(a) of Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 4(6) of such Act.
(2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians.--Section 18(c)(1) of the Securities Act of 1933 is amended by striking “with respect to fraud or deceit, or unlawful conduct by a broker or dealer, in connection with securities or securities transactions.” and inserting the following: “, in connection with securities or securities transactions, with respect to--
“(A) fraud or deceit;
“(B) unlawful conduct by a broker or dealer; and
“(C) with respect to a transaction described under section 4(6), unlawful conduct by an intermediary, issuer, or custodian.”.
Legislative Activity
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House amendment offered
November 3, 2011
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House amendment offered
November 3, 2011
House amendment agreed to: On agreeing to the Perlmutter amendment (A006) Agreed to by voice vote.
November 3, 2011 • 5:16 PM
House amendment offered/reported by: Amendment (A006) offered by Mr. Perlmutter.(consideration: CR H7306-7308; text: CR H7306)
November 3, 2011 • 5:05 PM
Amendment agreed to Committee of the Whole
November 3, 2011 • 5:16 PM
Amendment (A006) offered by Mr. Perlmutter. (consideration: CR H7306-7308; text: CR H7306)
November 3, 2011 • 5:05 PM
On agreeing to the Perlmutter amendment (A006) Agreed to by voice vote.
November 3, 2011 • 5:16 PM