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Sarbanes Oxley
Act |
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SEC. 906.
CORPORATE RESPONSIBILITY FOR FINANCIAL
REPORTS.
(a) IN GENERAL.Chapter
63 of title 18, United States Code,
is amended by
inserting after section 1349, as created by
this
Act, the
following:
§ 1350.
Failure of corporate officers to certify
financial
reports
(a) CERTIFICATION OF
PERIODIC FINANCIAL REPORTS.Each
periodic
report containing financial statements filed
by an issuer
with the
Securities Exchange Commission pursuant to
section 13(a)
or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C.
78m(a)
or 78o(d))
shall be accompanied by a written statement by
the
chief
executive officer and chief financial officer
(or equivalent
thereof) of
the issuer.
(b) CONTENT.The
statement required under subsection (a)
shall certify
that the periodic report containing the
financial statements
fully
complies with the requirements of section
13(a) or
15(d) of the
Securities Exchange Act pf 1934 (15 U.S.C. 78m
or
78o(d)) and
that information contained in the periodic
report fairly
presents, in
all material respects, the financial condition
and results
of operations
of the issuer.
(c) CRIMINAL
PENALTIES.Whoever
(1)
certifies any statement as set forth in
subsections
(a) and (b)
of this section knowing that the periodic
report
accompanying
the statement does not comport with all the
requirements
set forth in this section shall be fined not
more
than
$1,000,000 or imprisoned not more than 10
years, or
both; or
(2)
willfully certifies any statement as set forth
in subsections
(a) and (b)
of this section knowing that the periodic
report
accompanying the statement does not comport
with all
the
requirements set forth in this section shall
be fined not
more than
$5,000,000, or imprisoned not more than 20
years,
or both..
(b) CLERICAL
AMENDMENT.The table of sections at
the beginning
of chapter 63
of title 18, United States Code, is amended
by adding at
the end the following:
1350.
Failure of corporate officers to certify
financial reports..
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