CITE
15 USC Sec. 78ll 01/08/2008
EXPCITE
TITLE 15 - COMMERCE AND TRADE
CHAPTER 2B - SECURITIES EXCHANGES
HEAD
Sec. 78ll. Requirements for the EDGAR system
STATUTE
The Commission, by rule or regulation -
(1) shall provide that any information in the EDGAR system that
is required to be disseminated by the contractor -
(A) may be sold or disseminated by the contractor only
pursuant to a uniform schedule of fees prescribed by the
Commission;
(B) may be obtained by a purchaser by direct interconnection
with the EDGAR system;
(C) shall be equally available on equal terms to all persons;
and
(D) may be used, resold, or redisseminated by any person who
has lawfully obtained such information without restriction and
without payment of additional fees or royalties; and
(2) shall require that persons, or classes of persons, required
to make filings with the Commission submit such filings in a form
and manner suitable for entry into the EDGAR system and shall
specify the date that such requirement is effective with respect
to that person or class; except that the Commission may exempt
persons or classes of persons, or filings or classes of filings,
from such rules or regulations in order to prevent hardships or
to avoid imposing unreasonable burdens or as otherwise may be
necessary or appropriate.
SOURCE
(June 6, 1934, ch. 404, title I, Sec. 35A, as added Pub. L. 100-
181, title I, Sec. 102, Dec. 4, 1987, 101 Stat. 1249; amended Pub.
L. 105-353, title II, Sec. 202, Nov. 3, 1998, 112 Stat. 3234.)
CODIFICATION
Pub. L. 100-181, which directed amendment of the Securities
Exchange Act of 1934 by adding this section after section 35 of the
Act, is reflected in the source credit above as adding this section
to title I of the Securities Exchange Act of 1934, to reflect the
probable intent of Congress. See Codification note set out under
section 78kk of this title.
AMENDMENTS
1998 - Subsecs. (a) to (c). Pub. L. 105-353, Sec. 202(1), struck
out subsecs. (a) to (c) which: in subsec. (a) required
certifications and reports as prerequisite to obligation or
expenditure of funds for establishment or operation of EDGAR
system, and provided that former section 78kk(b) amounts were to be
exclusive source of funds for systems procurement and operation; in
subsec. (b) required report on status of EDGAR development,
implementation, and progress to certain Congressional committees at
six-month intervals; and in subsec. (c) required certification to
Congressional committees of total costs, cost/benefit analysis,
assurances of compliance, capabilities of system, competence of
personnel, and review of test group filings prior to entering into
contract for EDGAR system.
Subsec. (d). Pub. L. 105-353, Sec. 202(2), struck out "(d)"
before "The Commission" in introductory provisions, in par. (2)
substituted period for "; and" at end, and struck out par. (3)
which read as follows: "shall require all persons who make any
filing with the Commission, in addition to complying with such
other rules concerning the form and manner of filing as the
Commission may prescribe, to submit such filings in written or
printed form -
"(A) for a period of at least one year after the effective date
specified for such person or class under paragraph (2); or
"(B) for a shorter period if the Commission determines that the
EDGAR system (i) is reliable, (ii) provides a suitable
alternative to such written and printed filings, and (iii)
assures that the provision of information through the EDGAR
system is as effective and efficient for filers, users, and
disseminators as provision of such information in written or
printed form."
Subsec. (e). Pub. L. 105-353, Sec. 202(1), struck out subsec. (e)
which read as follows: "For the purposes of carrying out its
responsibilities under subsection (d)(3) of this section, the
Commission shall consult with representatives of persons filing,
disseminating, and using information contained in filings with the
Commission."