---
kind: "section"
citation: "17 C.F.R. § 201.1100"
title: "17"
number: "201.1100"
heading: "Creation of Fair Fund."
url: "https://uscodex.org/cfr/17/201.1100"
---

# §201.1100. Creation of Fair Fund.


In any agency process initiated by an order instituting proceedings in which the Commission or the hearing officer issues an order requiring the payment of disgorgement by a respondent and also assessing a civil money penalty against that respondent, the Commission or the hearing officer may order that the amount of disgorgement and of the civil penalty, together with any funds received pursuant to [15 U.S.C. 7246(b)](/usc/15/7246.md?p=b), be used to create a fund for the benefit of investors who were harmed by the violation.


## Notes

### Amendments

[70 FR 72570, Dec. 5, 2005]

### Authority

Authority: 15 U.S.C. 77h-1, 77s, 77u, 78c(b), 78d-1, 78d-2, 78u-2, 78u-3, 78v, 78w, 80a-9, 80a-37, 80a-39, 80a-40, 80b-3, 80b-11, 80b-12, and 7246.

### Source

Source: 69 FR 13180, Mar. 19, 2004, 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

[70 FR 72570, Dec. 5, 2005]
