Wells notice process

E296193

The Wells notice process is a formal procedure by which the U.S. Securities and Exchange Commission notifies individuals or firms of proposed enforcement actions and gives them an opportunity to respond before charges are filed.

All labels observed (1)

Label Occurrences
Wells notice process canonical 1

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf U.S. Securities and Exchange Commission procedure
regulatory enforcement procedure
administeredBy Division of Enforcement of the SEC
surface form: SEC Division of Enforcement

Securities and Exchange Commission
surface form: U.S. Securities and Exchange Commission
appliesTo Division of Enforcement of the SEC
surface form: U.S. Securities and Exchange Commission enforcement actions

broker-dealers
individual executives
investment advisers
investment companies
other market participants
public companies
basedOn SEC enforcement policies
canResultIn continuation to formal SEC enforcement proceedings
decision not to pursue enforcement action
modification of proposed charges
characteristic does not guarantee that charges will or will not be filed
gives target an opportunity to argue against charges
non-public at the time of notice
communicationMode written notice from SEC staff
distinguishedFrom informal SEC staff inquiries
subpoena enforcement proceedings
governedBy SEC Rules of Practice
includesStep SEC decision whether to recommend enforcement action
SEC staff consideration of the Wells submission
issuance of a Wells notice
recipient review of SEC staff allegations
submission of a Wells submission
initiatedBy SEC enforcement staff
involvesDocument Wells notice
Wells submission
jurisdiction United States of America
surface form: United States
legalEffect allows creation of a written record of the recipient’s position
provides formal notice of staff intent to recommend enforcement action
namedAfter Wells Committee
precedes filing of civil charges by the SEC
formal SEC enforcement action
institution of administrative proceedings by the SEC
purpose to notify individuals or firms of proposed SEC enforcement actions
to promote fairness in SEC enforcement
to provide recipients an opportunity to respond before charges are filed
relatedTo SEC enforcement investigation
due process considerations in administrative enforcement
securities law violations
responseMode written Wells submission by recipient
stakeholder Division of Enforcement of the SEC
surface form: SEC enforcement staff

Wells notice recipient
recipient’s legal counsel
timeOfUse near the end of an SEC investigation
typicalOutcome public disclosure if and when charges are filed

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Division of Enforcement of the SEC usesTool Wells notice process