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Section 21(a) of the Exchange Act authorizes the Commission to investigate whether any person has violated, is violating, or is about to violate the federal securities laws.
In addition, Rule 12b-20 under the Exchange Act requires that such reports contain, in addition to disclosures expressly required by statute and rules, such other information as is necessary to ensure that the statements made in those reports are not, under the circumstances, materially misleading.
Securities Act Section 8A and Exchange Act Section 21C authorize the Commission to issue a cease-and-desist order against any person who is a cause of another persons violation of the federal securities laws.
As amended, Section 21(d) of the Exchange Act expressly grants the Commission authority to obtain disgorgement in civil actions of any unjust enrichment by the person who received such unjust enrichment as a result of such violation. For most violations, an action for disgorgement must be brought not later than 5
Section 21(b) of the Exchange Act of 1934. Such attendance of witnesses and the production of any such records may be required from any place in the United States or any State at any designated place of hearing. Judicial enforcement of investigative power of Commission; refusal to obey subpena; criminal sanctions.