---
kind: "section"
citation: "15 U.S.C. § 80a–33"
title: "15"
title_heading: "Commerce and Trade"
number: "80a–33"
heading: "Destruction and falsification of reports and records"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/80a-33"
units:
  - "Chapter 2D — Investment Companies and Advisers"
  - "Subchapter I — Investment Companies"
---

# §80a–33. Destruction and falsification of reports and records

- (a) **Willful destruction—** It shall be unlawful for any [person](/usc/15/80a–2.md?p=a-28), except as permitted by rule, regulation, or order of the [Commission](/usc/15/80a–2.md?p=a-7), willfully to destroy, mutilate, or alter any account, book, or other document the preservation of which has been required pursuant to section [80a–30(a)](/usc/15/80a–30.md?p=a) or [80a–31(c)](/usc/15/80a–31.md?p=c) of this title.
- (b) **Untrue statements or omissions—** It shall be unlawful for any [person](/usc/15/80a–2.md?p=a-28) to make any untrue statement of a material fact in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to [section 80a–30](/usc/15/80a–30.md) (a) of this title. It shall be unlawful for any [person](/usc/15/80a–2.md?p=a-28) so filing, transmitting, or keeping any such document to omit to [state](/usc/15/80a–2.md?p=a-39) therein any fact necessary in order to prevent the statements made therein, in the light of the circumstances under which they were made, from being materially misleading. For the purposes of this subsection, any part of any such document which is signed or certified by an accountant or auditor in his capacity as such shall be deemed to be made, filed, transmitted, or kept by such accountant or auditor, as well as by the [person](/usc/15/80a–2.md?p=a-28) filing, transmitting, or keeping the complete document.

## Source credit

(Aug. 22, 1940, ch. 686, title I, § 34, 54 Stat. 840.)

## Notes

### Executive Documents

### Transfer of Functions

For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.