United States · Federal statutory limitations
When does the one-year Securities Act discovery component expire?
For Section 11 or Section 12(a)(2) liability, Section 13 requires suit within one year after discovery of the untrue statement or omission, or when reasonable diligence should have discovered it. The separate three-year repose component must also be satisfied. Section 12(a)(1) instead uses one year after the violation and is outside this discovery preset.
- Period
- One-year discovery component for Section 11 or Section 12(a)(2)
- Trigger
- Established discovery, or discovery required by reasonable diligence, of the untrue statement or omission
- Rule
- 15 U.S.C. § 77m, Securities Act § 13
S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event.
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Which event starts this particular limitation?
For Section 11 or Section 12(a)(2) liability, Section 13 requires suit within one year after discovery of the untrue statement or omission, or when reasonable diligence should have discovered it. The separate three-year repose component must also be satisfied. Section 12(a)(1) instead uses one year after the violation and is outside this discovery preset.
Responsible actor. The plaintiff enforcing Section 11 or Section 12(a)(2) liability.
Identify whether the pleaded liability is Section 11, Section 12(a)(2), or another provision.
Establish the actual or constructive discovery date.
Compare the claim-specific three-year offering or sale component.
Use only the discovery branch for an independently identified Section 11 or Section 12(a)(2) claim. Determine the applicable offering or sale event for the separate repose comparison.
15 U.S.C. § 77m, Securities Act § 13How is this established federal civil court component counted?
- Established discovery, or discovery required by reasonable diligence, of the untrue statement or omission
- For the established federal civil court component, FRCP 6(a)(1) excludes the trigger day and includes intermediate weekends and holidays. A period in months or years uses its corresponding calendar date, rather than a fixed number of days. The final weekend or legal holiday moves forward under Rule 6(a). A target month or year without the corresponding day requires separate endpoint review; this calculator refuses that input.
- Bring the identified Section 11 or Section 12(a)(2) action within the applicable discovery and repose boundaries. Verify the actual court and its filing rules.
Retained 2024 annual U.S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event. Court computation uses the retained December 1, 2025 FRCP compilation; identified agency regulations use their separately stated 2026 API editions.
The calendar covers established events and results from January 1, 2025 through December 31, 2033. OPM observations for 2025–2030 are independently checked. Dates in 2031–2033 are standing-rule projections under 5 U.S.C. § 6103, not published OPM schedules. Additional presidential, congressional or district-state holidays, amendments and actual clerk inaccessibility require separate review. Inauguration Day is not treated as a nationwide district-court holiday. The coverage boundary does not establish statutory applicability or lateness.
FRCP 3, 6(a)(1), (3), (4), (6) and 6(d)What do independently derived component examples show?
Fictitious example
Fictitious independently established facts. Use only the discovery branch for an independently identified Section 11 or Section 12(a)(2) claim. Determine the applicable offering or sale event for the separate repose comparison.
| Step | What is counted | Date |
|---|---|---|
| Ordinary established event | Established discovery, or discovery required by reasonable diligence, of the untrue statement or omission | Tuesday, June 2, 2026 |
| Ordinary component | Event on Tuesday, June 2, 2026. The independently established 1-years component has the corresponding nominal date 2027-06-02. Under the stated federal civil court assumptions, the final date is 2027-06-02. No tolling, service addition or unknown local holiday is assumed. | Wednesday, June 2, 2027 |
| Holiday component | Event on Thursday, January 1, 2026. The independently established 1-years component has the corresponding nominal date 2027-01-01. Under the stated federal civil court assumptions, the final date is 2027-01-04. No tolling, service addition or unknown local holiday is assumed. | Monday, January 4, 2027 |
| Confirmed clerk-inaccessibility branch | Event on Tuesday, June 2, 2026. The independently established 1-years component has the corresponding nominal date 2027-06-02. Under the stated federal civil court assumptions, the final date is 2027-06-03. No tolling, service addition or unknown local holiday is assumed. Fictitious independently confirmed full-day clerk closure on Wednesday, June 2, 2027; no contrary court order. | Thursday, June 3, 2027 |
| Independent statutory comparison | Established discovery on Tuesday, October 5, 2027 gives Thursday, October 5, 2028. The separate established bona fide public offering on Thursday, January 2, 2025 gives Monday, January 3, 2028. Compare both applicable components. | Earlier component. Monday, January 3, 2028 |
| Independent statutory comparison | Established discovery on Tuesday, June 2, 2026 gives Wednesday, June 2, 2027. The separate established Section 12(a)(2) sale on Friday, January 2, 2026 gives Tuesday, January 2, 2029. Compare both applicable components. | Earlier component. Wednesday, June 2, 2027 |
Fictitious independently established events and classifications. The displayed result is this one untolled component. Securities earlier-of comparisons and alternative wage classifications are separately identified. These examples do not determine accrual, discovery, statutory liability, the actual forum, an exception, a completed filing or an unrecorded closure. Use only the discovery branch for an independently identified Section 11 or Section 12(a)(2) claim. Determine the applicable offering or sale event for the separate repose comparison.
Try these dates in the calculatorWhich qualifications can change this limitation analysis?
- Section 12(a)(1)
- Its one-year violation branch has a different trigger and cannot be answered by entering a discovery date here.
- Reasonable diligence
- A date of actual discovery does not control if the statutory diligence test produces an earlier discovery event.
- Different repose events
- Section 11 uses bona fide public offering. Section 12(a)(2) uses sale.
- Calendar and endpoint coverage
- The calendar covers established events and results from January 1, 2025 through December 31, 2033. OPM observations for 2025–2030 are independently checked. Dates in 2031–2033 are standing-rule projections under 5 U.S.C. § 6103, not published OPM schedules. Additional presidential, congressional or district-state holidays, amendments and actual clerk inaccessibility require separate review. Inauguration Day is not treated as a nationwide district-court holiday. The coverage boundary does not establish statutory applicability or lateness.
- Use only the discovery branch for an independently identified Section 11 or Section 12(a)(2) claim. Determine the applicable offering or sale event for the separate repose comparison.
- The calculation supplies the stated component on established facts. Unmodeled tolling, competing components and claim-specific exceptions require separate controlling review.
What must be completed and preserved?
Questions about this particular statutory limitation
When does the one-year Securities Act discovery component expire?
Does this cover an unregistered-sale claim under Section 12(a)(1)?
No. Section 13 gives that liability a separate one-year period after the violation.
15 U.S.C. § 77m, Securities Act § 13Claim-specific three-year offering or sale componentDoes actual discovery always control?
No. The statute also uses the point when reasonable diligence should have produced discovery.
15 U.S.C. § 77m, Securities Act § 13Different Exchange Act fraud discovery componentCan I ignore the three-year component?
No. Section 13 imposes the separate repose boundary even if the discovery component would finish later.
15 U.S.C. § 77m, Securities Act § 13Different five-year securities fraud componentOfficial sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| 15 U.S.C. § 77m, Securities Act § 13 | This statutory actor, event, period and qualifications |
| FRCP 3, 6(a)(1), (3), (4), (6) and 6(d) | Federal court commencement, computation and filing boundary |
| 5 U.S.C. § 6103(a)–(b); Executive Order 11582 § 3(a) | Named and observed holidays, with explicit limits on future projections |
| OPM published federal holiday schedules through 2030 | Named and observed holidays, with explicit limits on future projections |
| 28 U.S.C. § 1658(b)(1)–(2) | The separately identified agency procedure, related statutory requirement or primary decision |