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Simple English definitions for legal terms
Securities and Exchange Commission (SEC)
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A quick definition of Securities and Exchange Commission (SEC):
The Securities and Exchange Commission (SEC) is a government agency that makes sure companies follow the rules when they sell stocks and other investments. It was created after the Great Depression to prevent bad things from happening in the stock market. The SEC has five leaders who are chosen by the President and approved by the Senate. They have offices all over the country and are divided into different groups that each have their own job. The SEC makes rules to help companies follow the law and punishes them if they don't. They also listen to people's complaints and decide if a company did something wrong.
A more thorough explanation:
The Securities and Exchange Commission (SEC) is a government agency that oversees financial markets, enforces securities laws, and creates new regulations. It was established by Congress in 1934 after the Great Depression to prevent market failures.
The SEC is made up of five commissioners who are appointed by the President and approved by the Senate. No more than three commissioners can be from the same political party to ensure independence. The SEC has headquarters in Washington D.C. and regional offices across the country. It is divided into five main divisions:
- Division of Corporate Finance
- Division of Investment Management
- Division of Enforcement
- Division of Economic and Risk Analysis
- Division of Trading and Markets
Each division has a specific focus, such as ensuring investors have accurate information or regulating securities market participants.
The SEC creates and enforces regulations to clarify and supplement securities laws passed by Congress. The SEC rulemaking process involves proposing a rule, gathering public comments, and finalizing the rule. The SEC also serves as an administrative adjudicatory body for certain causes of action, with administrative law judges conducting hearings and issuing initial decisions. The SEC's opinions may be appealed to federal circuit courts of appeal.
One example of an SEC regulation is Rule 10b-5, which creates a private cause of action for securities fraud. This means that individuals can sue for damages if they were defrauded in a securities transaction. Another example is the SEC's gun-jumping rules, which prevent companies from making certain communications before a securities offering is completed.
These examples illustrate how the SEC creates regulations to protect investors and ensure fair and transparent financial markets.