20 Sec. 105 SARBANES-OXLEY ACT OF 2002 of a subpoena to require the testimony of, and production
of any document in the possession of, any person, includ-
ing any client of a registered public accounting firm, that
the Board considers relevant or material to an investiga-
tion under this section.
(3) N
ONCOOPERATION WITH INVESTIGATIONS
.—
(A) I
N GENERAL
.—If a registered public accounting
firm or any associated person thereof refuses to testify,
produce documents, or otherwise cooperate with the Board
in connection with an investigation under this section, the
Board may—
(i) suspend or bar such person from being associ-
ated with a registered public accounting firm, or re-
quire the registered public accounting firm to end such
association;
(ii) suspend or revoke the registration of the pub-
lic accounting firm; and
(iii) invoke such other lesser sanctions as the
Board considers appropriate, and as specified by rule
of the Board.
(B) P
ROCEDURE
.—Any action taken by the Board
under this paragraph shall be subject to the terms of sec-
tion 107(c).
(4) C
OORDINATION AND REFERRAL OF INVESTIGATIONS
.—
(A) C
OORDINATION
.—The Board shall notify the Com-
mission of any pending Board investigation involving a po-
tential violation of the securities laws, and thereafter co-
ordinate its work with the work of the Commission’s Divi-
sion of Enforcement, as necessary to protect an ongoing
Commission investigation.
(B) R
EFERRAL
.—The Board may refer an investigation
under this section—
(i) to the Commission;
(ii) to a self-regulatory organization, in the case of
an investigation that concerns an audit report for a
broker or dealer that is under the jurisdiction of such
self-regulatory organization;
(iii) to any other Federal functional regulator (as
defined in section 509 of the Gramm-Leach-Bliley Act
(15 U.S.C. 6809)), in the case of an investigation that
concerns an audit report for an institution that is sub-
ject to the jurisdiction of such regulator; and
(iv) at the direction of the Commission, to—
(I) the Attorney General of the United States;
(II) the attorney general of 1 or more States;
and
(III) the appropriate State regulatory author-
ity.
(5) U
SE OF DOCUMENTS
.—
(A) C
ONFIDENTIALITY
.—Except as provided in subpara-
graphs (B) and (C), all documents and information pre-
pared or received by or specifically for the Board, and de-
liberations of the Board and its employees and agents, in
connection with an inspection under section 104 or with an
VerDate Mar 15 2010
18:34 Dec 21, 2020
Jkt 000000
PO 00000
Frm 00020
Fmt 9001
Sfmt 9001
G:\COMP\SEC\SAO2.BEL
HOLC
December 21, 2020
G:\COMP\SEC\SARBANES-OXLEY ACT OF 2002.XML
As Amended Through P.L. 116-222, Enacted December 18, 2020