Title 15 — Commerce and TradeRelease 119-73
§77v Jurisdiction of offenses and suits
Title 15 › Chapter CHAPTER 2A— - SECURITIES AND TRUST INDENTURES › Subchapter SUBCHAPTER I— - DOMESTIC SECURITIES › § 77v
Summary
Gives U.S. district courts and territorial courts the power to handle crimes, violations, and lawsuits under this law and the SEC’s rules. State and territorial courts can also hear these cases at the same time, except for covered class actions as limited by section 77p. Lawsuits can be filed where the defendant is found, lives, does business, or where the offer or sale happened if the defendant took part. The SEC can serve a subpoena for a witness or documents anywhere in the United States in its district-court cases, and Federal Rule of Civil Procedure 45(c)(3)(A)(ii) does not apply to those subpoenas. Judgments can be appealed as listed in title 28, sections 1254, 1291, 1292, and 1294. Except for 77p(c), cases started in state court under this law cannot be moved to federal court. The SEC cannot be charged court costs in proceedings brought by or against it. If someone refuses to obey a subpoena, a U.S. court where that person is found or lives can order them to appear, give testimony, or produce documents for the SEC, and can punish failure to obey as contempt. Federal and territorial courts also have jurisdiction over SEC or U.S. actions under section 77q(a) when either (1) conduct in the United States took significant steps toward the violation even if the securities deal happened abroad with only foreign investors, or (2) conduct abroad had a reasonably foreseeable, substantial effect in the United States.
Full Legal Text
Title 15, §77v
Commerce and Trade — Source: USLM XML via OLRC
(a)The district courts of the United States and the United States courts of any Territory shall have jurisdiction of offenses and violations under this subchapter and under the rules and regulations promulgated by the Commission in respect thereto, and, concurrent with State and Territorial courts, except as provided in section 77p of this title with respect to covered class actions, of all suits in equity and actions at law brought to enforce any liability or duty created by this subchapter. Any such suit or action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the district where the offer or sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. In any action or proceeding instituted by the Commission under this subchapter in a United States district court for any judicial district, a subpoena issued to compel the attendance of a witness or the production of documents or tangible things (or both) at a hearing or trial may be served at any place within the United States. Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure shall not apply to a subpoena issued under the preceding sentence. Judgments and decrees so rendered shall be subject to review as provided in section 1254, 1291, 1292, and 1294 of title 28. Except as provided in section 77p(c) of this title, no case arising under this subchapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States. No costs shall be assessed for or against the Commission in any proceeding under this subchapter brought by or against it in the Supreme Court or such other courts.
(b)In case of contumacy or refusal to obey a subpena issued to any person, any of the said United States courts, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides, upon application by the Commission may issue to such person an order requiring such person to appear before the Commission, or one of its examiners designated by it, there to produce documentary evidence if so ordered, or there to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(c)The district courts of the United States and the United States courts of any Territory shall have jurisdiction of an action or proceeding brought or instituted by the Commission or the United States alleging a violation of section 77q(a) of this title involving—
(1)conduct within the United States that constitutes significant steps in furtherance of the violation, even if the securities transaction occurs outside the United States and involves only foreign investors; or
(2)conduct occurring outside the United States that has a foreseeable substantial effect within the United States.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Codification As originally enacted subsec. (a) contained references to the Supreme Court of the District of Columbia. Act
June 25, 1936, substituted “the district court of the United States for the District of Columbia” for “the Supreme Court of the District of Columbia”, and act
June 25, 1948, as amended by act
May 24, 1949, substituted “United States District Court for the District of Columbia” for “district court of the United States for the District of Columbia”. Pub. L. 100–181 struck out reference to the United States District Court for the District of Columbia. Previously, such reference had been editorially eliminated as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which provides that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district”, and section 88 of Title 28 which provides that “the District of Columbia constitutes one judicial district”.
Amendments
2010—Subsec. (a). Pub. L. 111–203, § 929E(a), inserted after second sentence “In any action or proceeding instituted by the Commission under this subchapter in a United States district court for any judicial district, a subpoena issued to compel the attendance of a witness or the production of documents or tangible things (or both) at a hearing or trial may be served at any place within the United States. Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure shall not apply to a subpoena issued under the preceding sentence.” Subsec. (c). Pub. L. 111–203, § 929P(b)(1), added subsec. (c). 1998—Subsec. (a). Pub. L. 105–353 inserted “except as provided in section 77p of this title with respect to covered class actions,” after “Territorial courts,” in first sentence and substituted “Except as provided in section 77p(c) of this title, no case” for “No case” in penultimate sentence. 1987—Subsec. (a). Pub. L. 100–181 substituted “United States and” for “United States, the”, struck out “, and the United States District Court for the District of Columbia” after “Territory”, and substituted “section 1254, 1291, 1292, and 1294 of title 28” for “section 128 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 225 and 347)”. See Codification note above. 1970—Subsec. (c). Pub. L. 91–452 struck out subsec. (c) which related to immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination. 1954—Subsec. (a). Act Aug. 10, 1954, inserted “offer or” before “sale” in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an
Effective Date
note under section 5301 of Title 12, Banks and Banking.
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–353 not to affect or apply to any action commenced before and pending on Nov. 3, 1998, see section 101(c) of Pub. L. 105–353, set out as a note under section 77p of this title.
Effective Date
of 1970 AmendmentAmendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an
Savings Provision
note under section 6001 of Title 18, Crimes and Criminal Procedure.
Effective Date
of 1954 AmendmentAmendment by act Aug. 10, 1954, effective 60 days after Aug. 10, 1954, see note under section 77b of this title.
Savings Provision
Amendment by Pub. L. 91–452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an
Savings Provision
note under section 6001 of Title 18, Crimes and Criminal Procedure.
Executive Documents
Transfer of Functions
For
Transfer of Functions
of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.
Reference
Citations & Metadata
Citation
15 U.S.C. § 77v
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73