The Sarbanes-Oxley Act: Overview and Implementation Procedures Manual

Title VI: Commission Resources and Authority

Title VI: Commission Resources and Authority

Sec. 601. Authorization of Appropriations

Summary

In addition to any other funds authorized to be appropriated to the Commission, there are authorized to be appropriated to carry out the functions, powers, and duties of the Commission, $776,000,000 for fiscal year 2003.

Action Required

None

Sec. 602. Appearance and Practice before the Commission

Summary

AUTHORITY TO CENSURE The Commission may censure any person, or deny, temporarily or permanently, to any person the privilege of appearing or practicing before the Commission in any way, if that person is found by the Commission, after notice and opportunity for hearing in the matter

  1. not to possess the requisite qualifications to represent others;

  2. to be lacking in character or integrity, or to have engaged in unethical or improper professional conduct; or

  3. to have willfully violated, or willfully aided and abetted the violation of, any provision of the securities laws or the rules and regulations issued thereunder.

Action Required

If there is a need to appear before the commission for any reason, ensure the person(s) appearing meet the criteria above.

Sec. 603. Federal Court Authority to Impose Penny Stock Bars

Summary

IN GENERAL In any proceeding under paragraph (1) against any person participating in, or, at the time of the alleged misconduct who was participating in, an offering of penny stock, the court may prohibit that person from participating in an offering of penny stock, conditionally or unconditionally, and permanently or for such period of time as the court shall determine.

Action...

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