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H.R. 9462IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 9462

Arbitration agreements in the Securities Exchange Act of 1934

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(a) In general The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended— (1) in section 6(b) (15 U.S.C. 78f(b)), by adding at the end the following: (11) The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code.; and (2) in section 15 (15 U.S.C. 78o), by amending subsection (o) to read as follows: (o) Limitations on pre-Dispute agreements Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any broker, dealer, funding portal, or municipal securities dealer to enter into, modify, or extend an agreement with customers or clients of that entity with respect to a future dispute between the parties that— (1) mandates arbitration for that dispute; (2) restricts, limits, or conditions the ability of a customer or client of that entity to select or designate a forum for resolution of that dispute; or (3) restricts, limits, or conditions the ability of a customer or client of that entity to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.. (b) Application to existing agreements (1) In general With respect to an agreement described in section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void. (2) Ongoing arbitration A provision of an agreement prohibited by section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act.

Sec. 3: Arbitration agreements in the Securities Exchange Act of 1934 · Public Law Tracker