Title 15Commerce and TradeRelease 119-73

§80b–14 Jurisdiction of offenses and suits

Title 15 › Chapter CHAPTER 2D— - INVESTMENT COMPANIES AND ADVISERS › Subchapter SUBCHAPTER II— - INVESTMENT ADVISERS › § 80b–14

Last updated Apr 6, 2026|Official source

Summary

Gives United States district courts and courts in U.S. territories the power to hear criminal and civil cases about violations of this law or its rules. State and territorial courts can also hear the civil cases at the same time. Criminal cases can be started where the bad act happened. Civil suits to enforce duties or stop violations can be filed where the defendant lives, does business, or where the act happened, and the defendant can be served in any district where they live, do business, or are found. When the Commission starts a case in a U.S. district court, its subpoenas for witnesses or documents can be served anywhere in the United States, and Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure does not apply to those subpoenas. Court decisions can be reviewed under sections 1254, 1291, 1292, and 1294 of title 28. The Commission cannot be charged court costs in these cases. Gives the same courts power over violations of section 80b–6 when the conduct includes significant steps in the United States, even if a foreign adviser and only foreign investors are involved, or when outside conduct has a foreseeable substantial effect in the United States.

Full Legal Text

Title 15, §80b–14

Commerce and Trade — Source: USLM XML via OLRC

(a)The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this subchapter or the rules, regulations, or orders thereunder, and, concurrently with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of this subchapter or the rules, regulations, or orders thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty created by, or to enjoin any violation of this subchapter or rules, regulations, or orders thereunder, may be brought in any such district or in the district wherein the defendant is an inhabitant or transacts business, and process in such cases may be served in any district of which the defendant is an inhabitant or transacts business 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. No costs shall be assessed for or against the Commission in any proceeding under this subchapter brought by or against the Commission in any court.
(b)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 80b–6 of this title involving—
(1)conduct within the United States that constitutes significant steps in furtherance of the violation, even if the violation is committed by a foreign adviser 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.

Amendments

2010—Pub. L. 111–203, § 929P(b)(3), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 111–203, § 929E(d), inserted “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.” after “defendant may be found.” 1990—Pub. L. 101–429 inserted “and actions at law brought to enforce any liability or duty created by, or” after “all suits in equity” and “to enforce any liability or duty created by, or” after “Any suit or action”. 1987—Pub. L. 100–181 substituted “section 1254, 1291, 1292, and 1294 of title 28” for “section 128 and 240 of the Judicial Code, as amended, and section 7, as amended, of the Act entitled ‘An Act to establish a court of appeals for the District of Columbia’, approved February 9, 1893”.

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 1990 AmendmentAmendment by Pub. L. 101–429 effective Oct. 15, 1990, with provisions relating to civil penalties and accounting and disgorgement, see section 1(c)(1), (2) of Pub. L. 101–429, set out in a note under section 77g of this title.

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. § 80b–14

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73