H.Amdt. 855House112th Congress (2011-2013)

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 text
Submitted November 3, 2011

Description

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

Replaces textInserts text
  1. Change 1: Replaces “Section” at the section 4 with new text

    Replaces

    In 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:

  2. Change 2: Inserts new text at the end of section 4

    Inserts

    In 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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5 earlier actions
Floor Latest Action

House amendment offered

November 3, 2011

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Floor

House amendment offered

November 3, 2011

Floor

House amendment agreed to: On agreeing to the Perlmutter amendment (A006) Agreed to by voice vote.

November 3, 2011 • 5:16 PM

Not Used

House amendment offered/reported by: Amendment (A006) offered by Mr. Perlmutter.(consideration: CR H7306-7308; text: CR H7306)

November 3, 2011 • 5:05 PM

Not Used

Amendment agreed to Committee of the Whole

November 3, 2011 • 5:16 PM

Floor

Amendment (A006) offered by Mr. Perlmutter. (consideration: CR H7306-7308; text: CR H7306)

November 3, 2011 • 5:05 PM

Floor

On agreeing to the Perlmutter amendment (A006) Agreed to by voice vote.

November 3, 2011 • 5:16 PM