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CITE

    15 USC Sec. 78j                                             01/05/2009

EXPCITE

    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2B - SECURITIES EXCHANGES

HEAD

    Sec. 78j. Manipulative and deceptive devices

STATUTE

      It shall be unlawful for any person, directly or indirectly, by
    the use of any means or instrumentality of interstate commerce or
    of the mails, or of any facility of any national securities
    exchange -
        (a)(1) To effect a short sale, or to use or employ any stop-
      loss order in connection with the purchase or sale, of any
      security registered on a national securities exchange, in
      contravention of such rules and regulations as the Commission may
      prescribe as necessary or appropriate in the public interest or
      for the protection of investors.
        (2) Paragraph (1) of this subsection shall not apply to
      security futures products.
        (b) To use or employ, in connection with the purchase or sale
      of any security registered on a national securities exchange or
      any security not so registered, or any securities-based swap
      agreement (as defined in section 206B of the Gramm-Leach-Bliley
      Act), any manipulative or deceptive device or contrivance in
      contravention of such rules and regulations as the Commission may
      prescribe as necessary or appropriate in the public interest or
      for the protection of investors.
    Rules promulgated under subsection (b) of this section that
    prohibit fraud, manipulation, or insider trading (but not rules
    imposing or specifying reporting or recordkeeping requirements,
    procedures, or standards as prophylactic measures against fraud,
    manipulation, or insider trading), and judicial precedents decided
    under subsection (b) of this section and rules promulgated
    thereunder that prohibit fraud, manipulation, or insider trading,
    shall apply to security-based swap agreements (as defined in
    section 206B of the Gramm-Leach-Bliley Act) to the same extent as
    they apply to securities. Judicial precedents decided under section
    77q(a) of this title and sections 78i, 78o, 78p, 78t, and 78u-1 of
    this title, and judicial precedents decided under applicable rules
    promulgated under such sections, shall apply to security-based swap
    agreements (as defined in section 206B of the Gramm-Leach-Bliley
    Act) to the same extent as they apply to securities.

SOURCE

    (June 6, 1934, ch. 404, title I, Sec. 10, 48 Stat. 891; Pub. L. 106-
    554, Sec. 1(a)(5) [title II, Sec. 206(g), title III, Sec. 303(d)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-432, 2763A-454.)

REFERENCES IN TEXT

      Section 206B of the Gramm-Leach-Bliley Act, referred to in text,
    is section 206B of Pub. L. 106-102, which is set out in a note
    under section 78c of this title.

AMENDMENTS

      2000 - Pub. L. 106-554, Sec. 1(a)(5) [title III, Sec. 303(d)(2)],
    inserted concluding provisions at end.
      Subsec. (a). Pub. L. 106-554, Sec. 1(a)(5) [title II, Sec.
    206(g)], designated existing provisions as par. (1) and added par.
    (2).
      Subsec. (b). Pub. L. 106-554, Sec. 1(a)(5) [title III, Sec.
    303(d)(1)], inserted "or any securities-based swap agreement (as
    defined in section 206B of the Gramm-Leach-Bliley Act)," before
    "any manipulative or deceptive device".

TRANSFER OF FUNCTIONS

      For transfer of functions of Securities and Exchange Commission,
    with certain exceptions, to Chairman of such Commission, see Reorg.
    Plan No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
    64 Stat. 1265, set out under section 78d of this title.