17 C.F.R. § 201.1102

Provisions for payment

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Payment to registry of the court or court-appointed receiver. Subject to such conditions as the Commission or the hearing officer shall deem appropriate, a plan for the administration of a Fair Fund or a disgorgement fund may provide for payment of funds into a court registry or to a court-appointed receiver in any case pending in federal or state court against a respondent or any other person based upon a complaint alleging violations arising from the same or substantially similar facts as those alleged in the Commission's order instituting proceedings.

(b) Payment to the United States Treasury under certain circumstances. When, in the opinion of the Commission or the hearing officer, the cost of administering a plan of disgorgement relative to the value of the available disgorgement funds and the number of potential claimants would not justify distribution of the disgorgement funds to injured investors, the plan may provide that the disgorgement funds and any civil penalty shall be paid directly to the general fund of the United States Treasury.

Notes of Decisions

Cited in 2 cases, 2013–2013 · leading case: Martin v. United States Sec. & Exch. Comm'n, 734 F.3d 169 (2d Cir. 2013).

Sort: Relevance Newest Treatment

Martin v. United States Sec. & Exch. Comm'n, 734 F.3d 169 (2d Cir. 2013). “§ 7246 (a), regarding the use of civil penalties for the benefit of injured investors; (2) contradicts the terms of the settlement agreements; and (3) is barred by SEC Rule 1102(b), 17 C.F.R. § 201.1102 (b). During the relevant time period, each security on the NYSE was assigned…”

Martin v. U.S. S.E.C. (2d Cir. 2013). “§ 7246 (a), regarding the use of civil penalties for the benefit of 7 injured investors; (2) contradicts the terms of the settlement agreements; and (3) 8 is barred by SEC Rule 1102(b), 17 C.F.R. § 201.1102 (b). 9 During the relevant time period, each security on the NYSE was…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.