Title 15, Commerce and TradeRelease 119-102

§78e Transactions on Unregistered Exchanges

Title 15 › CHAPTER 2B — SECURITIES EXCHANGES › § 78e

Last updated Aug 21, 2026|Official source

Summary

Brokers, dealers, and exchanges must not use the mail or interstate commerce to make or report trades on an exchange unless that exchange is registered as a national securities exchange. An exchange can instead get an exemption from the Securities and Exchange Commission if the Commission finds its trading volume is very small and registration is not needed for investor protection or the public interest.

Full Legal Text

Title 15, §78e

Commerce and Trade, Source: USLM XML via OLRC

It shall be unlawful for any broker, dealer, or exchange, directly or indirectly, to make use of the mails or any means or instrumentality of interstate commerce for the purpose of using any facility of an exchange within or subject to the jurisdiction of the United States to effect any transaction in a security, or to report any such transaction, unless such exchange (1) is registered as national securities exchange under section 78f of this title, or (2) is exempted from such registration upon application by the exchange because, in the opinion of the Commission, by reason of the limited volume of transactions effected on such exchange, it is not practicable and not necessary or appropriate in the public interest or for the protection of investors to require such registration.

Legislative History

Notes & Related Subsidiaries

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. § 78e

Title 15, Commerce and Trade

Last Updated

Aug 21, 2026

Release point: 119-102