Section 10 B Securities Exchange Act
The rule prohibits any act or omission resulting in fraud or deceit in connection with the purchase or sale of any security.
Section 10 b securities exchange act. Exchange or a domestic transaction or that the claim was not brought within the applicable statutory period. Defending section 10 b claims. This is unfor tunate if the intention of those who drafted and enacted the exchange act is relevant to the meaning of section 10 b.
Securities and exchange commission pursuant to its authority granted under 10 b of the securities exchange act of 1934. Sec rule 10b 5 codified at 17 c f r. Among other defenses to a section 10 b action a defendant may assert that the plaintiff s claim does not involve securities listed on a u s.
240 10b 5 is one of the most important rules targeting securities fraud promulgated by the u s. The supreme court has generally construed section 10 b of the securities exchange act of. The sec adopted rule 10 b 5 to implement section 10 b.
Together these anti fraud provisions are the basis for most litigation under the 34 act. The act was passed in large part as a response to the stock market crash of 1929 to provide more transparency in the secondary securities market. Without reference to its legislative history or the historical context in which it was enacted.
These provisions make it unlawful to use most communication methods such as the mail internet or wire or any national securities exchange to defraud any person in connection with the purchase.