Securities Lawyer's Deskbook
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The

Sarbanes-Oxley Act of 2002





Section 303 -- Improper Influence on Conduct of Audits


  1. Rules To Prohibit. It shall be unlawful, in contravention of such rules or regulations as the Commission shall prescribe as necessary and appropriate in the public interest or for the protection of investors, for any officer or director of an issuer, or any other person acting under the direction thereof, to take any action to fraudulently influence, coerce, manipulate, or mislead any independent public or certified accountant engaged in the performance of an audit of the financial statements of that issuer for the purpose of rendering such financial statements materially misleading.

  2. Enforcement. In any civil proceeding, the Commission shall have exclusive authority to enforce this section and any rule or regulation issued under this section.

  3. No Preemption of Other Law. The provisions of subsection (a) shall be in addition to, and shall not supersede or preempt, any other provision of law or any rule or regulation issued thereunder.

  4. Deadline for Rulemaking. The Commission shall--

    1. propose the rules or regulations required by this section, not later than 90 days after the date of enactment of this Act; and

    2. issue final rules or regulations required by this section, not later than 270 days after that date of enactment.


Legislative History


July 30, 2002, 107 P.L. 204, Title III, § 303, 116 Stat. 745.

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