SUEWALLST: ENPH CEO AND CFO FACE PERSONAL LIABILITY IN SECURITIES ACTION
Important Information Regarding Section 20(a) Individual Liability Claims
ENPH INVESTOR ALERT
Enphase shares fell
The Named Individual Defendants
The complaint names
Section 20(a) Control Person Framework
Section 20(a) of the Securities Exchange Act of 1934 imposes liability on individuals who controlled entities that violated federal securities laws. The complaint asserts that both Kothandaraman and Yang:
- Were provided with copies of Enphase's
- Had the ability and opportunity to prevent issuance of allegedly misleading statements or to cause them to be corrected
- Had access to material non-public information about channel inventory levels and the Company's true ability to mitigate 25D Credit termination effects
- Knew that adverse facts had not been disclosed to the investing public while positive representations were being made
Sarbanes-Oxley Certification Obligations
As CEO and CFO respectively, Kothandaraman and Yang signed certifications under Sections 302 and 906 of the Sarbanes-Oxley Act attesting to the accuracy of Enphase's quarterly reports on Form 10-Q filed during the Class Period. These certifications covered the quarters ended
"Corporate officers have a duty to ensure their companies' public statements are accurate and complete. When executives personally certify financial disclosures under Sarbanes-Oxley, they accept responsibility for the information those filings convey to the investing public." --
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SOURCE SueWallSt.com