On July 30, 2002, the Sarbanes-Oxley Act of 2002, P.L. 107-204 was signed into law by President Bush. Section 806 of the Act, to be codified at 18 U.S.C. § 1514A, is a whistleblower provision that provides protection for employees of publicly traded companies who provide “information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders….” Complaints under this provision are filed with the Secretary of Labor, who is to investigate and adjudicate the matter under the rules and procedures found in the statutory AIR21 whistleblower provision. The Sarbanes-Oxley whistleblower procedure is somewhat different than AIR21 and all other whistleblower cases administered by the DOL in that if the Secretary has not issued a final decision within 180 days of the filing of the complaint, and there is no showing that such delay is due to the bad faith of the claimant, the claimant may bring an action at law or equity for de novo review in the appropriate district court of the United States.
Sarbanes-Oxley Act Whistleblower Digest
You can keep coming back to this website, but we can notify you when there is a new story if you Subscribe.
Dodd-Frank’ed Real Estate
The Dodd-Frank law brought many real estate private equity firms into the world of the Investment Advisers Act. These are some key stories on the topic: < /br>
Most Popular Stories
- Qualified Purchasers under the Investment Company Act
- What is a Security? Is Real Estate a Security?
- Private Equity Real Estate Top 50 – 2014 Edition of Who Is Registered
- Private Fund Exemptions under the Investment Company Act
- Private Equity Real Estate Top 50 – 2015 Edition of Who is Registered
- SEC Exam Document Request Examples
- Real Estate Funds and the Investment Company Act
- Is a Note a Security?
- Social Media Policies Database