(a) For violations from December 10, 1996, through November 2, 2015: As required by the Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the Commission has adjusted the maximum amounts of all civil monetary penalties it administers under the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, and certain penalties under the Sarbanes-Oxley Act of 2002 for inflation in the releases and prior regulations listed in the footnotes to Table I. The penalty amounts provided in Table I apply to violations of these statutes that occurred from December 10, 1996, through November 2, 2015, with each column listing the penalty amounts for violations that occurred in a particular time frame. To determine the penalty amounts for violations that occurred prior to December 10, 1996, please refer to the applicable statutory text. To determine penalty amounts for violations after November 2, 2015, please refer to paragraph (b) of this section.
(b) For violations after November 2, 2015: The Federal Civil Penalties Inflation Adjustment Act, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (28 U.S.C. 2461 note), requires that civil monetary penalties be adjusted on an annual basis for inflation. Pursuant to this requirement, the maximum amounts of all civil monetary penalties under the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940, and certain penalties under the Sarbanes-Oxley Act of 2002 will be adjusted annually for inflation. Notice of these adjusted penalty amounts will be published by the Commission in the Federal Register on or before January 15 of each calendar year and will be available, along with the Commission's prior inflation adjustments, on the Commission's Web site at https://www.sec.gov/enforce/civil-penalties-inflation-adjustments.htm. The adjusted penalty amounts will apply to all penalties imposed after the effective date of the adjustment (for the first day the adjustment is effective, the prior year's penalty amounts shall apply), for violations that occurred after November 2, 2015. The adjusted penalty amount each year will be the larger of:
(1) The maximum penalty amount for the previous calendar year; or
(2) An amount adjusted for inflation, calculated by multiplying the maximum penalty amount for the previous calendar year by the percentage by which the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October preceding the current calendar year exceeds the CPI-U for the month of October of the calendar year two years prior to the current calendar year, adding that amount to the amount for the previous calendar year, and rounding the total to the nearest dollar.
Table I to 201.1001—Civil Monetary Penalty Inflation Adjustments for Violations From December 10, 1996, Through November 2, 2015
| U.S. Code citation | Civil monetary penalty description |
Date of violation and corresponding penalty | ||||
|---|---|---|---|---|---|---|
| Dec. 10, 1996- Feb. 2, 2001i |
Feb. 3, 2001- Feb. 14, 2005ii |
Feb. 15, 2005- Mar. 3, 2009iii |
Mar. 4, 2009- Mar. 5, 2013iv |
Mar. 6, 2013- Nov. 2, 2015v |
||
| 15 U.S.C. 77h-1(g) (Securities Act Sec. 8A(g)) | For natural person For any other person |
N/A N/A |
N/A N/A |
N/A N/A |
vi$7,500 vi75,000 |
$7,500 80,000 |
| For natural person/fraud | N/A | N/A | N/A | vi75,000 | 80,000 | |
| For any other person/fraud | N/A | N/A | N/A | vi375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others or gains to self | N/A | N/A | N/A | vi150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others or gain to self | N/A | N/A | N/A | vi725,000 | 775,000 | |
| 15 U.S.C. 77t(d) (Securities Act Sec. 20(d)) | For natural person For any other person |
$5,500 55,000 |
$6,500 60,000 |
$6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 78u(d)(3) (Exchange Act Sec. 21(d)(3)) | For natural person For any other person |
5,500 55,000 |
6,500 60,000 |
6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others or gains to self | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others or gain to self | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 78u-1(a)(3) (Exchange Act Sec. 21A(a)(3)) | Insider Trading—controlling person | 1,100,000 | 1,200,000 | 1,275,000 | 1,425,000 | 1,525,000 |
| 15 U.S.C. 78u-2 (Exchange Act Sec. 21B) | For natural person For any other person |
5,500 55,000 |
6,500 60,000 |
6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 78ff(b) (Exchange Act Sec. 32(b)) | Exchange Act/failure to file information documents, reports | 110 | 110 | 110 | 110 | 210 |
| 15 U.S.C. 78ff(c)(1)(B) (Exchange Act Sec. 32(c)(1)(B)) | Foreign Corrupt Practices—any issuer | 11,000 | 11,000 | 11,000 | 16,000 | 16,000 |
| 15 U.S.C. 78ff(c)(2)(B) (Exchange Act Sec. 32(c)(2)(B)) | Foreign Corrupt Practices—any agent or stockholder acting on behalf of issuer | 11,000 | 11,000 | 11,000 | 16,000 | 16,000 |
| 15 U.S.C. 80a-9(d) (Investment Company Act Sec. 9(d)) | For natural person For any other person |
5,500 55,000 |
6,500 60,000 |
6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others or gains to self | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others or gain to self | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 80a-41(e) (Investment Company Act Sec. 42(e)) | For natural person For any other person |
5,500 55,000 |
6,500 60,000 |
6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 80b-3(i) (Investment Advisers Act Sec. 203(i)) | For natural person For any other person |
5,500 55,000 |
6,500 60,000 |
6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others or gains to self | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others or gain to self | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 80b-9(e) (Investment Advisers Act Sec. 209(e)) | For natural person For any other person |
5,500 55,000 |
6,500 60,000 |
6,500 65,000 |
7,500 75,000 |
7,500 80,000 |
| For natural person/fraud | 55,000 | 60,000 | 65,000 | 75,000 | 80,000 | |
| For any other person/fraud | 275,000 | 300,000 | 325,000 | 375,000 | 400,000 | |
| For natural person/fraud/substantial losses or risk of losses to others | 110,000 | 120,000 | 130,000 | 150,000 | 160,000 | |
| For any other person/fraud/substantial losses or risk of losses to others | 550,000 | 600,000 | 650,000 | 725,000 | 775,000 | |
| 15 U.S.C. 7215(c)(4)(D)(i) (Sarbanes-Oxley Act Sec. 105(c)(4)(D)(i)) | For natural person For any other person |
N/A N/A |
vii100,000 vii2,000,000 |
110,000 2,100,000 |
120,000 2,375,000 |
130,000 2,525,000 |
| 15 U.S.C. 7215(c)(4)(D)(ii) (Sarbanes-Oxley Act Sec. 105(c)(4)(D)(ii)) | For natural person For any other person |
N/A N/A |
vii750,000 vii15,000,000 |
800,000 15,825,000 |
900,000 17,800,000 |
950,000 18,925,000 |
iRelease Nos. 33-7361, 34-37912, IA-1596, IC-22310, dated November 1, 1996 (effective December 9, 1996), previously found at 17 CFR 201.1001 and Table I to Subpart E of Part 201.
iiRelease Nos. 33-7946, 34-43897, IA-1921, IC-24846, dated January 31, 2001 (effective February 2, 2001), previously found at 17 CFR 201.1002 and Table II to Subpart E of Part 201.
iiiRelease Nos. 33-8530, 34-51136, IA-2348, IC-26748, dated February 9, 2005 (effective February 14, 2005), previously found at 17 CFR 201.1003 and Table III to Subpart E of Part 201.
ivRelease Nos. 33-9009, 34-59449, IA-2845, IC-28635, dated February 25, 2009 (effective March 3, 2009), previously found at 17 CFR 201.1004 and Table IV to Subpart E of Part 201.
vRelease Nos. 33-9387, 34-68994, IA-3557, IC-30408, dated February 27, 2013 (effective March 5, 2013), previously found at 17 CFR 201.1005 and Table V to Subpart E of Part 201.
viEffective from July 21, 2010 (enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203), through March 5, 2013.
viiEffective from July 30, 2002 (enactment of the Sarbanes-Oxley Act of 2002, Pub. L. 107-204), through February 14, 2005.
[82 FR 5371, Jan. 18, 2017]
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