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2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 78d5 Deadline for completing enforcement investigations and compliance examinations and inspections us united_states_code code_section 15 COMMERCE AND TRADE 2B SECURITIES EXCHANGES 78d5 15 U.S.C. § 78d5 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s78d5 data/legal/raw/us/code/title-15/usc15.xml 130a8aa7a12ffa82dca8408931f9d239e0764062ddf3d9849a23a4c3cb5dead8 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 d0b57ab4ee4cc0864537cc48957cfdf3d698c1ce21fc47c54cd21ff9338bb6f3 2026-07-04 official
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15 U.S.C. § 78d5 - Deadline for completing enforcement investigations and compliance examinations and inspections

Text

(a) Enforcement investigations (1) In general Not later than 180 days after the date on which Commission staff provide 11 So in original. Probably should be “provides”. a written Wells notification to any person, the Commission staff shall either file an action against such person or provide notice to the Director of the Division of Enforcement of its intent to not file an action.

(2) Exceptions for certain complex actions Notwithstanding paragraph (1), if the Director of the Division of Enforcement of the Commission or the Directors designee determines that a particular enforcement investigation is sufficiently complex such that a determination regarding the filing of an action against a person cannot be completed within the deadline specified in paragraph (1), the Director of the Division of Enforcement of the Commission or the Directors designee may, after providing notice to the Chairman of the Commission, extend such deadline as needed for one additional 180-day period. If after the additional 180-day period the Director of the Division of Enforcement of the Commission or the Directors designee determines that a particular enforcement investigation is sufficiently complex such that a determination regarding the filing of an action against a person cannot be completed within the additional 180-day period, the Director of the Division of Enforcement of the Commission or the Directors designee may, after providing notice to and receiving approval of the Commission, extend such deadline as needed for one or more additional successive 180-day periods.

(b) Compliance examinations and inspections (1) In general Not later than 180 days after the date on which Commission staff completes the on-site portion of its compliance examination or inspection or receives all records requested from the entity being examined or inspected, whichever is later, Commission staff shall provide the entity being examined or inspected with written notification indicating either that the examination or inspection has concluded, has concluded without findings, or that the staff requests the entity undertake corrective action.

(2) Exception for certain complex actions Notwithstanding paragraph (1), if the head of any division or office within the Commission responsible for compliance examinations and inspections or his designee determines that a particular compliance examination or inspection is sufficiently complex such that a determination regarding concluding the examination or inspection, or regarding the staff requests the entity undertake corrective action, cannot be completed within the deadline specified in paragraph (1), the head of any division or office within the Commission responsible for compliance examinations and inspections or his designee may, after providing notice to the Chairman of the Commission, extend such deadline as needed for one additional 180-day period.

(June 6, 1934, ch. 404, title I, § 4E, as added Pub. L. 111203, title IX, § 929U, July 21, 2010, 124 Stat. 1867.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as a note under section 5301 of Title 12, Banks and Banking.