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Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.
Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
Section 2(11) of the Securities Act of 1933 (Act) generally subjects the sale of securities by a person "controlling an issuer" to the same rules that govern the sale of securities by an issuer. Accordingly, before a "control" person may sell the securities he holds in the controlled corporation he must either register them with the Securities and Exchange Commission (Commission) or qualify for an exemption from the registration requirement. While the Act clearly requires that a "control" person either register or qualify for an exemption, it fails to define "control." Thus, the task of defining has fallen to the …
Controlling Administrative Sanctions, Fredrich H. Thomforde Jr.
Controlling Administrative Sanctions, Fredrich H. Thomforde Jr.
Michigan Law Review
This Article will consider some of the possibilities for controlling and guiding the SEC's discretion to impose sanctions upon broker-dealers. Although it is limited to an examination of the Commission's practice and a discussion of possibilities for reform, the analysis contains obvious implications for any agency with the power to impose sanctions.