19 Sec. 105 SARBANES-OXLEY ACT OF 2002 (D) R
EMOVAL OF SUBSEQUENT PROHIBITION
.—If, after
the end of the 5-year period beginning on the date on
which the Commission imposes a prohibition on a covered
issuer under subparagraph (C), the covered issuer certifies
to the Commission that the covered issuer will retain a
registered public accounting firm that the Board is able to
inspect under this section, the Commission shall end that
prohibition.
(4) R
ULES
.—Not later than 90 days after the date of enact-
ment of this subsection, the Commission shall issue rules that
establish the manner and form in which a covered issuer shall
make a submission required under paragraph (2)(B).
SEC. 105. ø15 U.S.C. 7215¿ INVESTIGATIONS AND DISCIPLINARY PRO- CEEDINGS. (a) I
N
G
ENERAL
.—The Board shall establish, by rule, subject to
the requirements of this section, fair procedures for the investiga-
tion and disciplining of registered public accounting firms and asso-
ciated persons of such firms.
(b) I
NVESTIGATIONS
.—
(1) A
UTHORITY
.—In accordance with the rules of the Board,
the Board may conduct an investigation of any act or practice,
or omission to act, by a registered public accounting firm, any
associated person of such firm, or both, that may violate any
provision of this Act, the rules of the Board, the provisions of
the securities laws relating to the preparation and issuance of
audit reports and the obligations and liabilities of accountants
with respect thereto, including the rules of the Commission
issued under this Act, or professional standards, regardless of
how the act, practice, or omission is brought to the attention
of the Board.
(2) T
ESTIMONY AND DOCUMENT PRODUCTION
.—In addition
to such other actions as the Board determines to be necessary
or appropriate, the rules of the Board may—
(A) require the testimony of the firm or of any person
associated with a registered public accounting firm, with
respect to any matter that the Board considers relevant or
material to an investigation;
(B) require the production of audit work papers and
any other document or information in the possession of a
registered public accounting firm or any associated person
thereof, wherever domiciled, that the Board considers rel-
evant or material to the investigation, and may inspect the
books and records of such firm or associated person to
verify the accuracy of any documents or information sup-
plied;
(C) request the testimony of, and production of any
document in the possession of, any other person, including
any client of a registered public accounting firm that the
Board considers relevant or material to an investigation
under this section, with appropriate notice, subject to the
needs of the investigation, as permitted under the rules of
the Board; and
(D) provide for procedures to seek issuance by the
Commission, in a manner established by the Commission,
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As Amended Through P.L. 116-222, Enacted December 18, 2020