Page:United States Statutes at Large Volume 104 Part 1.djvu/986

 104 STAT. 952 PUBLIC LAW 101-429—OCT. 15, 1990 (9) In light of the substantial and continuing problems in the penny stock markets, additional legislative measures are necessary and appropriate. SEC. 503. DEFINITION OF PENNY STOCK. Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end thereof the following new paragraph: Regulations. "(51)(A) The term 'penny stock' means any equity security other than a security that is— "(i) registered or approved for registration and traded on a national securities exchange that meets such criteria as the Commission shall prescribe by rule or regulation for purposes of this paragraph; "(ii) authorized for quotation on an automated quotation system sponsored by a registered securities association, if such system (I) was established and in operation before January 1, 1990, and (II) meets such criteria as the Commission shall prescribe by rule or regulation for purposes of this paragraph; "(iii) issued by an investment company registered under the Investment Company Act of 1940; "(iv) excluded, on the basis of exceeding a minimum price, net tangible assets of the issuer, or other relevant criteria, from the definition of such term by rule or regulation which the Commission shall prescribe for purposes of this paragraph; or "(v) exempted, in whole or in part, conditionally or unconditionally, from the definition of such term by rule, regulation, or order prescribed by the Commission. "(B) The Commission may, by rule, regulation, or order, designate any equity security or class of equity securities described in clause (i) or (ii) of subparagraph (A) as within the meaning of the term 'penny stock' if such security or class of securities is traded other than on a national securities exchange or through an automated quotation system described in clause (ii) of subparagraph (A). "(C) In exercising its authority under this paragraph to prescribe rules, regulations, and orders, the Commission shall determine that such rule, regulation, or order is consistent with the public interest and the protection of investors.". SEC. 504. EXPANSION OF SECTION 15(b) SANCTION AUTHORITY WITH RE- SPECT TO PENNY STOCKS. (a) AMENDMENT.— Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 780(b)(6)) is amended to read as follows: "(6)(A) With respect to any person who is associated, who is seeking to become associated, or, at the time of the alleged misconduct, who was associated or was seeking to become associated with a broker or dealer, or any person participating, or, at the time of the alleged misconduct, who was participating, in an offering of any penny stock, the Commission, by order, shall censure, place limitations on the activities or functions of such person, or suspend for a period not exceeding 12 months, or bar such person from being associated with a broker or dealer, or from participating in an offering of penny stock, if the Commission finds, on the record after notice and opportunity for a hearing, that such censure, placing of

�