Sarbanes Oxley Act Section 1105

 

SEC. 1105. AUTHORITY OF THE COMMISSION TO PROHIBIT PERSONS
FROM SERVING AS OFFICERS OR DIRECTORS.
 
(a) SECURITIES EXCHANGE ACT OF 1934.—Section 21C of the Securities Exchange Act of 1934 (15 U.S.C. 78u–3) is amended by adding at the end the following:
 
‘‘(f) AUTHORITY OF THE COMMISSION TO PROHIBIT PERSONS FROM
SERVING AS OFFICERS OR DIRECTORS.—In any cease-and-desist proceeding
under subsection (a), the Commission may issue an order
to prohibit, conditionally or unconditionally, and permanently or
for such period of time as it shall determine, any person who
has violated section 10(b) or the rules or regulations thereunder,
from acting as an officer or director of any issuer that has a
class of securities registered pursuant to section 12, or that is
required to file reports pursuant to section 15(d), if the conduct
of that person demonstrates unfitness to serve as an officer or
director of any such issuer.’’.
 
(b) SECURITIES ACT OF 1933.—Section 8A of the Securities
Act of 1933 (15 U.S.C. 77h–1) is amended by adding at the end
of the following:
 
‘‘(f) AUTHORITY OF THE COMMISSION TO PROHIBIT PERSONS FROM SERVING AS OFFICERS OR DIRECTORS.—In any cease-and-desist proceeding
under subsection (a), the Commission may issue an order
to prohibit, conditionally or unconditionally, and permanently or
for such period of time as it shall determine, any person who
has violated section 17(a)(1) or the rules or regulations thereunder,
from acting as an officer or director of any issuer that has a
class of securities registered pursuant to section 12 of the Securities
Exchange Act of 1934, or that is required to file reports pursuant
to section 15(d) of that Act, if the conduct of that person demonstrates
unfitness to serve as an officer or director of any such
issuer.’’.
 

 
 

 

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