SECTION
8A OF THE SECURITIES ACT OF 1933
15
U.S.C. § 77h-1 (1988)
(a) * *
*
If the
Commission finds, after notice and opportunity for hearing, that any person is
violating, has violated, or is about to violate any provision of this
subchapter, or any rule or regulation thereunder, the Commission may publish
its findings and enter an order requiring such person, and any other person
that is, was, or would be a cause of the violation, due to an act or omission
the person knew or should have known would contribute to such violation, to
cease and desist from committing or causing such violation and any future
violation of the same provision, rule, or regulation. Such order may, in addition to requiring a person to cease and
desist from committing or causing a violation, require such person to comply,
or to take steps to effect compliance, with such provision, rule or regulation,
upon such terms and conditions and within such time as the Commission may
specify in such order. Any such order
may, as the Commission deems appropriate, require future compliance or steps to
effect future compliance, either permanently or for such period of time as the
Commission may specify, with such provision, rule, or regulation with respect
to any security, any issuer, or any other person.
(b) * *
*
The
notice instituting proceedings pursuant to subsection (a) of this section shall
fix a hearing date not earlier than 30 days nor later than 60 days after
service of the notice unless an earlier or a later date is set by the
Commission with the consent of any respondent so served.
(c)
Temporary order
(1) * *
*
Whenever
the Commission determines that the alleged violation or threatened violation
specified in the notice instituting proceedings pursuant to subsection (a) of
this section, or the continuation thereof, is likely to result in significant
dissipation or conversion of assets, significant harm to investors, or
substantial harm to the public interest, including, but not limited to, losses
to the Securities Investor Protection Corporation, prior to the completion of
the proceedings, the Commission may enter a temporary order requiring the
respondent to cease and desist from the violation or threatened violation and
to take such action to prevent the violation or threatened violation and to
prevent dissipation or conversion of assets, significant harm to investors, or
substantial harm to the public interest as the Commission deems appropriate
pending completion of such proceeding.
Such an order shall be entered only after notice and opportunity for a
hearing, unless the Commission determines that notice and hearing prior to
entry would be impracticable or contrary to the public interest. A temporary order shall become effective
upon service upon the respondent and, unless set aside, limited, or suspended
by the Commission or a court of competent jurisdiction, shall remain effective
and enforceable pending the completion of the proceedings.
(2) * *
*
This
subsection shall apply only to a respondent that acts, or, at the time of the
alleged misconduct acted, as a broker, dealer, investment adviser, investment
company, municipal securities dealer, government securities broker, government
securities dealer, or transfer agent, or is, or was at the time of the alleged
misconduct, an associated person of, or a person seeking to become associated
with, any of the foregoing.
(d) * *
*
(1) * *
*
At any
time after the respondent has been served with a temporary cease-and-desist
order pursuant to subsection (c) of this section, the respondent may apply to
the Commission to have the order set aside, limited, or suspended. If the respondent has been served with a
temporary cease-and-desist order entered without a prior Commission hearing,
the respondent may, within 10 days after the date on which the order was
served, request a hearing on such application and the Commission shall hold a
hearing and render a decision on such application at the earliest possible
time.
(2) * *
*
Within-
(A) 10
days after the date the respondent was served with a temporary cease-and-desist
order entered with a prior Commission hearing, or
(B) 10
days after the Commission renders a decision on an application and hearing
under paragraph (1), with respect to any temporary cease-and-desist order
entered without a prior Commission hearing, the respondent may apply to the
United States district court for the district in which the respondent resides
or has its principal place of business, or for the District of Columbia, for an
order setting aside, limiting, or suspending the effectiveness or enforcement
of the order, and the court shall have jurisdiction to enter such an
order. A respondent served with a
temporary cease-and-desist order entered without a prior Commission hearing may
not apply to the court except after hearing and decision by the Commission on
the respondent's application under paragraph (1) of this subsection.
(3) * *
*
The
commencement of proceedings under paragraph (2) of this subsection shall not,
unless specifically ordered by the court, operate as a stay of the Commission's
order.
(4) * *
*
Section
77i(a) of this title shall not apply to a temporary order entered pursuant to
this section.
(e) * *
*
In any
cease-and-desist proceeding under subsection (a), of this section, the
Commission may enter an order requiring accounting and disgorgement, including
reasonable interest. The Commission is
authorized to adopt rules, regulations, and orders concerning payments to
investors, rates of interest, periods of accrual, and such other matters as it
deems appropriate to implement this subsection.