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Wednesday, April 16, 2014 8:08:52 PM
The obligation to file annual and quarterly reports originates in Section 13 or 15(d) of the Exchange Act, and the rules promulgated thereunder (see Rule 13a-1 and Rule 13a-13). The SEC has the power to enforce its rules by instituting enforcement actions against a delinquent issuer and/or its officers and directors seeking monetary or other penalties, including revoking the issuer’s registration pursuant to Section 12(j) of the Exchange Act.[2] In the absence of egregious and/or repeated violations, or inferences of fraud, however, the SEC is more likely to rely on the stock exchange(s) to police listed companies. Section 1002(d) of the NYSE Amex's Company Guide, for example, permits the exchange to suspend trading or delist a company’s securities altogether for failure of the company to file its quarterly annual reports. The OTC Bulletin Board has a more specific “three-strikes” rule, FINRA Rule 6530(e), that prohibits the OTCBB from quoting the securities of any issuer that is delinquent in its reporting obligations three times in a 24-month period.
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