15 U.S.C. § 687g

Penalties and forfeitures

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(a) Report violations

Except as provided in subsection (b) of this section, a licensee which violates any regulation or written directive issued by the Administrator, requiring the filing of any regular or special report pursuant to section 687b(b) of this title, shall forfeit and pay to the United States a civil penalty of not more than $100 for each and every day of the continuance of the licensee’s failure to file such report, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The civil penalties provided for in this section shall accrue to the United States and may be recovered in a civil action brought by the Administration.

(b) Exemption from reporting requirements

The Administration may by rules and regulations, or upon application of an interested party, at any time previous to such failure, by order, after notice and opportunity for hearing, exempt in whole or in part, any small business investment company from the provisions of subsection (a) of this section, upon such terms and conditions and for such period of time as it deems necessary and appropriate, if the Administration finds that such action is not inconsistent with the public interest or the protection of the Administration. The Administration may for the purposes of this section make any alternative requirements appropriate to the situation.

(Pub. L. 85–699, title III, § 315, as added Pub. L. 89–779, § 7, Nov. 6, 1966, 80 Stat. 1364.)

Notes of Decisions

Cited in 2 cases, 1975–1996 · leading case: Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975).

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Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975). “SBA: 15 U.S.C. § 687g (1970). Violation of any regulation or written directive requiring the filing of a report.”

Hooven-Dayton Corp. v. Ctr. City Mesbic, Inc., 918 F. Supp. 193 (S.D. Ohio 1996). “” Finally, 15 U.S.C. § 687g allows the Administration to enact rules or regulations which exempt, in whole or in part, a SBIC from specified penalties and forfeitures.”

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