Source
(May 27, 1933, ch. 38, title III, § 304, as added Aug. 3, 1939, ch. 411, 53 Stat. 1153; amended Aug. 10, 1954, ch. 667, title III, § 302, 68 Stat. 687; Pub. L. 85–699, title III, § 307(b), Aug. 21, 1958, 72 Stat. 694; Pub. L. 86–760, Sept. 13, 1960, 74 Stat. 902; Pub. L. 89–754, title V, § 504(b), Nov. 3, 1966, 80 Stat. 1278; Pub. L. 91–567, § 6(c), Dec. 22, 1970, 84 Stat. 1499; Pub. L. 96–477, title III, § 302, Oct. 21, 1980, 94 Stat. 2291; Pub. L. 101–550, title IV, § 403, Nov. 15, 1990, 104 Stat. 2722; Pub. L. 104–290, title V, § 508(e), Oct. 11, 1996, 110 Stat. 3448; Pub. L. 105–353, title III, § 301(e)(2), Nov. 3, 1998, 112 Stat. 3237.)
References in Text
The Securities Act of 1933, referred to in subsec. (a)(4), (5), and (10), is act May 27, 1933, ch. 38, title I,
48 Stat. 74, as amended, which is classified generally to subchapter I (§ 77a et seq.) of this chapter. For complete classification of this Act to the Code, see section
77a of this title and Tables.
The National Housing Act, referred to in subsec. (a)(5), is act June 27, 1934, ch. 847,
48 Stat. 1246, as amended, which is classified generally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. Provisions of that act relating to insurance of mortgages are contained in section
1707 et seq. of Title 12. Title XI of the National Housing Act, is classified to subchapter IX–B (§ 1749aaa et seq.) of chapter
13 of Title
12. For complete classification of this Act to the Code, see References in Text note set out under section
1701 of Title
12 and Tables.
Paragraph (11) of section 2 of the Securities Act of 1933, referred to in subsec. (b), was redesignated paragraph (11) of section 2(a) of the Act by
Pub. L. 104–290, title I, § 106(a)(1), Oct. 11, 1996,
110 Stat. 3424, and is classified to section
77b
(a)(11) of this title.
The Small Business Investment Act of 1958, referred to in subsec. (e), is
Pub. L. 85–699, Aug. 21, 1958,
72 Stat. 689, as amended, which is classified principally to chapter 14B (§ 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
661 of this title and Tables.
Amendments
1998—Subsec. (a)(4)(A).
Pub. L. 105–353 substituted “(13) of section” for “(14) of subsection”.
1996—Subsec. (a)(4)(A).
Pub. L. 104–290 substituted “(11), or (14)” for “or (11)”.
1990—Subsec. (a)(3).
Pub. L. 101–550, § 403(1)(A), struck out par. (3) which read as follows: “any security which, prior to or within six months after August 3, 1939, has been sold or disposed of by the issuer or bona fide offered to the public, but this exemption shall not apply to any new offering of any such security by an issuer subsequent to such six months;”.
Subsec. (a)(4)(A).
Pub. L. 101–550, § 403(1)(B), struck out “, as heretofore amended,” after “1933”.
Subsec. (d).
Pub. L. 101–550, § 403(2), added subsec. (d) and struck out former subsec. (d) which read as follows: “The Commission may, on application by the issuer and after opportunity for hearing thereon, by order exempt from any one or more of the provisions of this subchapter any security issued or proposed to be issued by a person organized and existing under the laws of a foreign government or a political subdivision thereof, if and to the extent that the Commission finds that compliance with such provision or provisions is not necessary in the public interest and for the protection of investors.”
1980—Subsec. (a)(8).
Pub. L. 96–477, § 302(a), substituted “an aggregate principal amount of securities of the same issuer greater than the figure stated in section 3(b) of the Securities Act of 1933 limiting exemptions thereunder, or such lesser amount as the Commission may establish by its rules and regulations” for “more than $250,000 aggregate principal amount of any securities of the same issuer”.
Subsec. (a)(9).
Pub. L. 96–477, § 302(b), substituted “$10,000,000, or such lesser amount as the Commission may establish by its rules and regulations” for “$1,000,000 or less”, “more than $10,000,000” for “more than $1,000,000”, and inserted “, or such lesser amount as the Commission may establish by its rules and regulations” after “same issuer”.
1970—Subsec. (a)(4).
Pub. L. 91–567 designated existing provisions as cl. (A) and added cl. (B).
1966—Subsec. (a)(10).
Pub. L. 89–754 added par. (10).
1960—Subsec. (c).
Pub. L. 86–760 inserted “or on January 1, 1959, such securities were outstanding”.
1958—Subsec. (e).
Pub. L. 85–699 added subsec. (e).
1954—Subsec. (b). Act Aug. 10, 1954, struck out “as heretofore amended,”.
Effective Date of 1970 Amendment
Amendment by
Pub. L. 91–567 applicable with respect to securities sold after Jan. 1, 1970, see section 6(d) of
Pub. L. 91–567, set out as a note under section
77c of this title.
Effective Date of 1954 Amendment
Amendment by act Aug. 10, 1954, effective 60 days after Aug. 10, 1954, see note under section
77b of this title.
Transfer of Functions
For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1,
2, eff. May 24, 1950,
15 F.R.
3175,
64 Stat. 1265, set out under section
78d of this title.