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PUBLIC LAW 107-204-JULY 30,2002 116STAT.749 e Ac ed by th 16 State ofth ties Excha the Sarbanes-Oxley Act of o the ecuri inserting“ 2002, efore "the Public SEC.3.COMMISSION RULES AND ENFORCEMENT. 15U8C7202 shall promulga regulati A violation by any person of this Act be treated for all purpo and such 8e 0 9588 f the Securities Exchange Act of 199 6 in subcon品O照aea (B)in subsection (d()by in 18a ng "the rules of the rd,or which sa pa ction (e inse the of th ersight ublic acteri of which such pany ppea the s arbanes-Ole Ac of 2002) inse (A) place it appears and PUBLIC LAW 107–204—JULY 30, 2002 116 STAT. 749 (15) SECURITIES LAWS.—The term ‘‘securities laws’’ means the provisions of law referred to in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), as amended by this Act, and includes the rules, regulations, and orders issued by the Commission thereunder. (16) STATE.—The term ‘‘State’’ means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any other territory or possession of the United States. (b) CONFORMING AMENDMENT.—Section 3(a)(47) of the Securi￾ties Exchange Act of 1934 (15 U.S.C. 78c(a)(47)) is amended by inserting ‘‘the Sarbanes-Oxley Act of 2002,’’ before ‘‘the Public’’. SEC. 3. COMMISSION RULES AND ENFORCEMENT. (a) REGULATORY ACTION.—The Commission shall promulgate such rules and regulations, as may be necessary or appropriate in the public interest or for the protection of investors, and in furtherance of this Act. (b) ENFORCEMENT.— (1) IN GENERAL.—A violation by any person of this Act, any rule or regulation of the Commission issued under this Act, or any rule of the Board shall be treated for all purposes in the same manner as a violation of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the rules and regulations issued thereunder, consistent with the provisions of this Act, and any such person shall be subject to the same penalties, and to the same extent, as for a violation of that Act or such rules or regulations. (2) INVESTIGATIONS, INJUNCTIONS, AND PROSECUTION OF OFFENSES.—Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended— (A) in subsection (a)(1), by inserting ‘‘the rules of the Public Company Accounting Oversight Board, of which such person is a registered public accounting firm or a person associated with such a firm,’’ after ‘‘is a participant,’’; (B) in subsection (d)(1), by inserting ‘‘the rules of the Public Company Accounting Oversight Board, of which such person is a registered public accounting firm or a person associated with such a firm,’’ after ‘‘is a participant,’’; (C) in subsection (e), by inserting ‘‘the rules of the Public Company Accounting Oversight Board, of which such person is a registered public accounting firm or a person associated with such a firm,’’ after ‘‘is a participant,’’; and (D) in subsection (f), by inserting ‘‘or the Public Com￾pany Accounting Oversight Board’’ after ‘‘self-regulatory organization’’ each place that term appears. (3) CEASE-AND-DESIST PROCEEDINGS.—Section 21C(c)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u–3(c)(2)) is amended by inserting ‘‘registered public accounting firm (as defined in section 2 of the Sarbanes-Oxley Act of 2002),’’ after ‘‘government securities dealer,’’. (4) ENFORCEMENT BY FEDERAL BANKING AGENCIES.—Section 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(i)) is amended by— (A) striking ‘‘sections 12,’’ each place it appears and inserting ‘‘sections 10A(m), 12,’’; and 15 USC 7202. VerDate 11-MAY-2000 18:56 Aug 07, 2002 Jkt 099139 PO 00204 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL204.107 APPS24 PsN: PUBL204
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