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2019 US Code
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 63 - Mail Fraud and Other Fraud Offenses
Sec. 1350 - Failure of corporate officers to certify financial reports

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Citation 18 U.S.C. § 1350 (2019)
Section Name §1350. Failure of corporate officers to certify financial reports
Section Text

(a) Certification of Periodic Financial Reports.—Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accompanied by a written statement by the chief executive officer and chief financial officer (or equivalent thereof) of the issuer.

(b) Content.—The statement required under subsection (a) shall certify that the periodic report containing the financial statements fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act pf 1 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer.

(c) Criminal Penalties.—Whoever—

(1) certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $1,000,000 or imprisoned not more than 10 years, or both; or

(2) willfully certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $5,000,000, or imprisoned not more than 20 years, or both.

Source Credit

(Added Pub. L. 107–204, title IX, §906(a), July 30, 2002, 116 Stat. 806.)

Footnotes

1 So in original. Probably should be "of".

Publication Title United States Code, 2018 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES
Sec. 1350 - Failure of corporate officers to certify financial reports
Contains section 1350
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 116 Stat. 806
Public Law References Public Law 107-204
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