Title 15Commerce and TradeRelease 119-73

§78d–5 Deadline for completing enforcement investigations and compliance examinations and inspections

Title 15 › Chapter CHAPTER 2B— - SECURITIES EXCHANGES › § 78d–5

Last updated Apr 6, 2026|Official source

Summary

After Commission staff give someone a written Wells notice, they must decide within 180 days whether to file a case against that person or tell the enforcement director they do not plan to file. If the enforcement director (or their designee) says the investigation is especially complex, they can, after telling the Commission chair, add one more 180-day extension. If it still needs more time after that extra 180 days, the director (or designee) can ask the full Commission for approval to extend the deadline in additional 180-day blocks. After the on-site part of a compliance exam or after staff get all requested records (whichever is later), staff must tell the examined entity in writing within 180 days whether the exam is finished, finished with no findings, or that the entity must fix problems. If the head of the office in charge of exams says the inspection is complex, they can, after telling the Commission chair, extend that 180-day deadline by one more 180 days.

Full Legal Text

Title 15, §78d–5

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Not later than 180 days after the date on which Commission staff provide 11 So in original. Probably should be “provides”. a written Wells notification to any person, the Commission staff shall either file an action against such person or provide notice to the Director of the Division of Enforcement of its intent to not file an action.
(2)Notwithstanding paragraph (1), if the Director of the Division of Enforcement of the Commission or the Director’s designee determines that a particular enforcement investigation is sufficiently complex such that a determination regarding the filing of an action against a person cannot be completed within the deadline specified in paragraph (1), the Director of the Division of Enforcement of the Commission or the Director’s designee may, after providing notice to the Chairman of the Commission, extend such deadline as needed for one additional 180-day period. If after the additional 180-day period the Director of the Division of Enforcement of the Commission or the Director’s designee determines that a particular enforcement investigation is sufficiently complex such that a determination regarding the filing of an action against a person cannot be completed within the additional 180-day period, the Director of the Division of Enforcement of the Commission or the Director’s designee may, after providing notice to and receiving approval of the Commission, extend such deadline as needed for one or more additional successive 180-day periods.
(b)(1)Not later than 180 days after the date on which Commission staff completes the on-site portion of its compliance examination or inspection or receives all records requested from the entity being examined or inspected, whichever is later, Commission staff shall provide the entity being examined or inspected with written notification indicating either that the examination or inspection has concluded, has concluded without findings, or that the staff requests the entity undertake corrective action.
(2)Notwithstanding paragraph (1), if the head of any division or office within the Commission responsible for compliance examinations and inspections or his designee determines that a particular compliance examination or inspection is sufficiently complex such that a determination regarding concluding the examination or inspection, or regarding the staff requests the entity undertake corrective action, cannot be completed within the deadline specified in paragraph (1), the head of any division or office within the Commission responsible for compliance examinations and inspections or his designee may, after providing notice to the Chairman of the Commission, extend such deadline as needed for one additional 180-day period.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of Title 12, Banks and Banking.

Reference

Citations & Metadata

Citation

15 U.S.C. § 78d–5

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73