‘Controlling’ Securities Fraud: Proposed Liability Standards for Controlling Persons Under the 1933 and 1934 Securities Acts
37 Pages Posted: 9 Jul 2010
Date Written: 1988
This Student Note investigates the history and intent underlying the controlling person liability provisions of the 1933 and 1934 Securities Act. It notes that courts have adopted a ranges of standards for holding controlling persons liability, but whichever standard is chosen – that standard is applied to both Acts. This note argues that courts should impose unique liability standards for each statute in order to fully realize Congress' purpose in adopting the laws.
Keywords: securities law, courts, controlling persons, liability
JEL Classification: K22, K29
Suggested Citation: Suggested Citation