United States · Federal statutory limitations
When does the five-year securities fraud repose component expire?
Section 1658(b)(2) sets a five-year component measured from the violation itself. The statute requires suit by the earlier of this component and the two-year discovery component. Enter the established violation date, rather than discovery or the date an investigation began.
- Period
- Five-year violation component, compared with two-year discovery
- Trigger
- Established date of the securities-law violation
- Rule
- 28 U.S.C. § 1658(b)(1)–(2)
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?
Section 1658(b)(2) sets a five-year component measured from the violation itself. The statute requires suit by the earlier of this component and the two-year discovery component. Enter the established violation date, rather than discovery or the date an investigation began.
Responsible actor. The plaintiff bringing a covered private securities fraud action.
Identify the particular violation underlying the pleaded claim.
Preserve evidence supporting its legal date.
Independently establish discovery and compare the two-year component.
This is the violation component of the statutory comparison. Resolve which act constitutes the relevant violation and any disputed endpoint or exception before relying on it.
28 U.S.C. § 1658(b)(1)–(2)How is this established federal civil court component counted?
- Established date of the securities-law violation
- 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.
- Commence the covered private civil action by the earlier applicable component. A government penalty proceeding is a different statutory question.
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. This is the violation component of the statutory comparison. Resolve which act constitutes the relevant violation and any disputed endpoint or exception before relying on it.
| Step | What is counted | Date |
|---|---|---|
| Ordinary established event | Established date of the securities-law violation | Tuesday, June 2, 2026 |
| Ordinary component | Event on Tuesday, June 2, 2026. The independently established 5-years component has the corresponding nominal date 2031-06-02. Under the stated federal civil court assumptions, the final date is 2031-06-02. No tolling, service addition or unknown local holiday is assumed. | Monday, June 2, 2031 |
| Holiday component | Event on Thursday, January 1, 2026. The independently established 5-years component has the corresponding nominal date 2031-01-01. Under the stated federal civil court assumptions, the final date is 2031-01-02. No tolling, service addition or unknown local holiday is assumed. | Thursday, January 2, 2031 |
| Confirmed clerk-inaccessibility branch | Event on Tuesday, June 2, 2026. The independently established 5-years component has the corresponding nominal date 2031-06-02. Under the stated federal civil court assumptions, the final date is 2031-06-03. No tolling, service addition or unknown local holiday is assumed. Fictitious independently confirmed full-day clerk closure on Monday, June 2, 2031; no contrary court order. | Tuesday, June 3, 2031 |
| Independent statutory comparison | Established discovery on Saturday, June 2, 2029 gives Monday, June 2, 2031. The separate established violation on Thursday, January 2, 2025 gives Wednesday, January 2, 2030. Compare both applicable components. | Earlier component. Wednesday, January 2, 2030 |
| Independent statutory comparison | Established discovery on Tuesday, June 2, 2026 gives Friday, June 2, 2028. The separate established violation on Tuesday, June 2, 2026 gives Monday, June 2, 2031. Compare both applicable components. | Earlier component. Friday, June 2, 2028 |
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. This is the violation component of the statutory comparison. Resolve which act constitutes the relevant violation and any disputed endpoint or exception before relying on it.
Try these dates in the calculatorWhich qualifications can change this limitation analysis?
- Separate event
- Later discovery does not change the violation event used for this component.
- Comparison remains necessary
- An earlier discovery-component boundary can govern before five years have passed.
- Exceptions are not assumed
- This calculation applies no tolling, suspension or exception to the five-year component. A claimed exception requires separate controlling authority.
- 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.
- This is the violation component of the statutory comparison. Resolve which act constitutes the relevant violation and any disputed endpoint or exception before relying on it.
- 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 five-year securities fraud repose component expire?
Can I enter the date I discovered the fraud?
Use that date on the separate discovery page. This component runs from the established violation.
28 U.S.C. § 1658(b)(1)–(2)Separate two-year discovery componentCan the discovery component expire first?
Yes. Section 1658(b) expressly requires the earlier of the two statutory components.
28 U.S.C. § 1658(b)(1)–(2)Different three-year Securities Act reposeDoes the calculator apply class-action tolling?
No. It supplies an untolled component and does not determine whether any claimed tolling doctrine applies.
28 U.S.C. § 1658(b)(1)–(2)Government penalty proceeding, a distinct actionOfficial sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 28 U.S.C. § 1658(b)(1)–(2) | 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 |
| 15 U.S.C. § 77m, Securities Act § 13 | The separately identified agency procedure, related statutory requirement or primary decision |
| 28 U.S.C. § 2462 | The separately identified agency procedure, related statutory requirement or primary decision |