(a) Violation by licensee deemed violation by persons participatingWherever a licensee violates any provision of this chapter or regulation issued thereunder by reason of its failure to comply with the terms thereof or by reason of its engaging in any act or practice which constitutes or will constitute a violation thereof, such violation shall be deemed to be also a violation and an unlawful act on the part of any person who, directly or indirectly, authorizes, orders, participates in, or causes, brings about, counsels, aids, or abets in the commission of any acts, practices, or transactions which constitute or will constitute, in whole or in part, such violation.
(b) Breach of fiduciary dutyIt shall be unlawful for any officer, director, employee, agent, or other participant in the management or conduct of the affairs of a licensee to engage in any act or practice, or to omit any act, in breach of his fiduciary duty as such officer, director, employee, agent, or participant, if, as a result thereof, the licensee has suffered or is in imminent danger of suffering financial loss or other damage.
(c) Disqualification of officers and employees for dishonesty, fraud, or breach of trustExcept with the written consent of the Administration, it shall be unlawful—(1) for any person hereafter to take office as an officer, director, or employee of a licensee, or to become an agent or participant in the conduct of the affairs or management of a licensee, if—(A) he has been convicted of a felony, or any other criminal offense involving dishonesty or breach of trust, or
(B) he has been found civilly liable in damages, or has been permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any act or practice involving fraud or breach of trust; or
(2) for any person to continue to serve in any of the above-described capacities, if—(A) he is hereafter convicted of a felony, or any other criminal offense involving dishonesty or breach of trust, or
(B) he is hereafter found civilly liable in damages, or is permanently or temporarily enjoined by an order, judgment, or decree of a court of competent jurisdiction, by reason of any act or practice involving fraud or breach of trust.
Structure US Code
CHAPTER 14B— SMALL BUSINESS INVESTMENT PROGRAM
SUBCHAPTER III— INVESTMENT DIVISION PROGRAMS
Part A— Small Business Investment Companies
§ 684. Equity capital for small-business concerns
§ 685. Long-term loans to small-business concerns
§ 686. Aggregate limitations on amount of assistance to any single enterprise
§ 687. Operation and regulation of companies
§ 687a. Revocation and suspension of licenses; cease and desist orders
§ 687c. Injunctions and other orders
§ 687e. Removal or suspension of management officials
§ 687f. Unlawful acts and omissions by officers, directors, employees, or agents
§ 687g. Penalties and forfeitures
§ 687h. Jurisdiction and service of process
§ 687k. Guaranteed obligations not eligible for purchase by Federal Financing Bank
§ 687l. Issuance and guarantee of trust certificates
§ 687m. Periodic issuance of guarantees and trust certificates