---
kind: "section"
citation: "17 C.F.R. § 201.101"
title: "17"
number: "201.101"
heading: "Definitions."
url: "https://uscodex.org/cfr/17/201.101"
---

# §201.101. Definitions.

- (a) **For purposes of these Rules of Practice, unless explicitly stated to the contrary—**
  - (1) Commission means the United States Securities and Exchange Commission, or a panel of Commissioners constituting a quorum of the Commission, or a single Commissioner acting as duty officer pursuant to [17 CFR 200.43](/cfr/17/200.43.md);
  - (2) Counsel means any attorney representing a party or any other person representing a party pursuant to [§ 201.102(b)](/cfr/17/201.102.md?p=b);
  - (3) Disciplinary proceeding means an action pursuant to [§ 201.102(e)](/cfr/17/201.102.md?p=e);
  - (4) Enforcement proceeding means an action, initiated by an order instituting proceedings, held for the purpose of determining whether or not a person is about to violate, has violated, has caused a violation of, or has aided or abetted a violation of any statute or rule administered by the Commission, or whether to impose a sanction as defined in Section 551(10) of the Administrative Procedure Act, [5 U.S.C. 551(10)](/usc/5/551.md?p=10);
  - (5) Hearing officer means an administrative law judge, a panel of Commissioners constituting less than a quorum of the Commission, an individual Commissioner, or any other person duly authorized to preside at a hearing;
  - (6) Interested division means a division or an office assigned primary responsibility by the Commission to participate in a particular proceeding;
  - (7) Order instituting proceedings means an order issued by the Commission commencing a proceeding or an order issued by the Commission to hold a hearing;
  - (8) Party means the interested division, any person named as a respondent in an order instituting proceedings, any applicant named in the caption of any order, persons entitled to notice in a stop order proceeding as set forth in [§ 201.200(a)(2)](/cfr/17/201.200.md?p=a-2) or any person seeking Commission review of a decision;
  - (9) Proceeding means any agency process initiated:
    - (i) By an order instituting proceedings; or
    - (ii) By the filing, pursuant to [§ 201.410](/cfr/17/201.410.md), of a petition for review of an initial decision by a hearing officer; or
    - (iii) By the filing, pursuant to [§ 201.420](/cfr/17/201.420.md), of an application for review of a self-regulatory organization determination; or
    - (iv) By the filing, pursuant to [§ 201.430](/cfr/17/201.430.md), of a notice of intention to file a petition for review of a determination made pursuant to delegated authority; or
    - (v) By the filing, pursuant to [§ 201.440](/cfr/17/201.440.md), of an application for review of a determination by the Public Company Accounting Oversight Board; or
    - (vi) By the filing, pursuant to [§ 242.601](/cfr/17/242.601.md) of this chapter, of an application for review of an action or failure to act in connection with the implementation or operation of any effective transaction reporting plan; or
    - (vii) By the filing, pursuant to [§ 242.608](/cfr/17/242.608.md) of this chapter, of an application for review of an action taken or failure to act in connection with the implementation or operation of any effective national market system plan; or
    - (viii) By the filing, pursuant to Section 11A(b)(5) of the Securities Exchange Act of 1934, of an application for review of a determination of a registered securities information processor;
    - (ix) By the filing, pursuant to [§ 201.442](/cfr/17/201.442.md), of an application for review of a determination of a security-based swap execution facility;
  - (10) Secretary means the Secretary of the Commission;
  - (11) Temporary sanction means a temporary cease-and-desist order or a temporary suspension of the registration of a broker, dealer, municipal securities dealer, government securities broker, government securities dealer, or transfer agent pending final determination whether the registration shall be revoked; and
  - (12) Board means the Public Company Accounting Oversight Board.
- (b) [Reserved]

## Notes

### Amendments

[60 FR 32796, June 23, 1995, as amended at 69 FR 13175, Mar. 19, 2004; 70 FR 37617, June 29, 2005; 88 FR 87282, Dec. 15, 2023]

### Authority

Authority: 15 U.S.C. 77f, 77g, 77h, 77h-1, 77j, 77s, 77u, 77sss, 78c(b), 78d-1, 78d-2, 78 l, 78m, 78n, 78 o (d), 78 o -3, 78 o -10(b)(6), 78s, 78u-2, 78u-3, 78v, 78w, 80a-8, 80a-9, 80a-37, 80a-38, 80a-39, 80a-40, 80a-41, 80a-44, 80b-3, 80b-9, 80b-11, 80b-12, 7202, 7215, and 7217.

### Source

Source: 60 FR 32796, June 23, 1995, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 77s, 77sss, 78w, 78x, 80a-37, and 80b-11; 5 U.S.C. 504(c)(1). Sections 201.700 and 201.701 are also issued under sec. 916, Pub. L. 111-203, 124 Stat. 1376.

### Source

Source: 47 FR 610, Jan. 6, 1982, unless otherwise noted.

### Amendments

[60 FR 32796, June 23, 1995, as amended at 69 FR 13175, Mar. 19, 2004; 70 FR 37617, June 29, 2005; 88 FR 87282, Dec. 15, 2023]