Securities Lawyer's Deskbook
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Securities Exchange Act of 1934





Section 36 -- General Exemptive Authority


  1. Authority

    1. In general

      Except as provided in subsection (b) of this section, but notwithstanding any other provision of this title, the Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision or provisions of this title or of any rule or regulation thereunder, to the extent that such exemption is necessary or appropriate in the public interest, and is consistent with the protection of investors.

    2. Procedures

      The Commission shall, by rule or regulation, determine the procedures under which an exemptive order under this section shall be granted and may, in its sole discretion, decline to entertain any application for an order of exemption under this section.

  2. Limitation

    The Commission may not, under this section, exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions from section 15C or the rules or regulations issued thereunder or (for purposes of section 15C and the rules and regulations issued thereunder) from any definition in paragraph (42), (43), (44), or (45) of section 3(a).


Legislative History


June 6, 1934, c. 404, Title I, § 36, as added Oct. 11, 1996, Pub.L. 104- 290, Title I, § 105(b), 110 Stat. 3424.



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