Securities Enforcement and Penny Stock Reform Act of 1990 - Title I: Amendments to the Securities Act of 1933 - Amends the Securities Act of 1933 to establish tiered civil money penalties for violations. Permits a court to prohibit violators from serving as officers and directors of securities-issuing entities.
Authorizes the Securities and Exchange Commission (SEC) to issue: (1) cease and desist orders; (2) temporary restraining orders; and (3) orders for accounting and disgorgement.
Title II: Amendments to the Securities Exchange Act of 1934 - Amends the Securities Exchange Act of 1934 to: (1) authorize a court to prohibit individuals from acting as officers or directors of securities-issuing entities if they have demonstrated a substantial unfitness to serve in that capacity; and (2) impose tiered civil money penalties for violations of such Act. Sets forth circumstances under which the SEC (or the appropriate regulatory agency) may: (1) impose civil penalties pursuant to administrative findings of violations of the Act; (2) enter an order requiring an accounting and disgorgement; (3) issue cease and desist orders; and (4) issue temporary restraining orders.
Directs the SEC to promulgate procedural rules for cease and desist proceedings.
Title III: Amendments to the Investment Company Act of 1940 - Amends the Investment Company Act of 1940 to authorize the SEC to impose civil remedies pursuant to civil and administrative proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders.
Title IV: Amendments to the Investment Advisers Act of 1940 - Amends the Investment Advisers Act of 1940 to authorize the SEC to impose civil remedies pursuant to administrative and civil proceedings, including: (1) tiered money penalties; (2) orders requiring an accounting and disgorgement; (3) cease and desist orders; and (4) temporary restraining orders.
Title V: Penny Stock Reform - Penny Stock Reform Act of 1990 - Amends the Securities Exchange Act of 1934 to define "penny stock" securities and to extend regulatory authority over persons engaged in penny stock activities. Requires the Securities and Exchange Commission (SEC) to prescribe rules implementing such authority by a specified deadline.
Empowers the Commission to exclude persons from participating in penny stock distributions if they have violated certain registration regulations.
Prescribes requirements for brokers and dealers in penny stock transactions, including guidelines for mandatory risk disclosure statements.
Requires the SEC to: (1) facilitate the establishment of automated penny stock quotation systems according to specified guidelines, submitting annual status reports to the Congress; and (2) report to the Congress the results of a review of penny stock self-regulatory mechanisms.
Authorizes the Securities and Exchange Commission to designate rules whose violation shall not automatically render a contract void.
Amends the Securities Act of 1933 to require the SEC to prescribe special rules for registration statements filed by any issuer that is a blank check company (one with no specific business plan or purpose, or whose intent is to merge with an unidentified company). Authorizes such rules to include the right of shareholder rescission.
Amends the Securities Exchange Act of 1934 to require registered securities associations to establish a toll-free consumer hotline regarding broker-dealer disciplinary history.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Mr. Markey moved to suspend the rules and pass the bill.
Mr. Rinaldo demanded a second on the motion to suspend the rules.
Considered under suspension of the rules.
On ordering a second Agreed to without objection.
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.
On motion to suspend the rules and pass the bill Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The House took from the Speaker's table and moved to the consideration of S. 647, a similar measure to H.R. 5325.
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Laid on the table. See S. 647 for further action.