(a)Prepared by or on behalf of the issuer. An offering document (as defined in Section 18(d)(1) of the Act [15 U.S.C. 77r(d)(1)]) is “prepared by or on behalf of the issuer” for purposes of Section 18 of the Act, if the issuer or an agent or representative:
(1) Authorizes the document's production, and
(2) Approves the document before its use.
(b)Covered securities for purposes of Section 18.
(1) For purposes of Section 18(b) of the Act (15 U.S.C. 77r), the Commission finds that the following national securities exchanges, or segments or tiers thereof, have listing standards that are substantially similar to those of the New York Stock Exchange (“NYSE”), the NYSE Amex LLC (“NYSE Amex”), or the National Market System of the Nasdaq Stock Market (“Nasdaq/NGM”), and that securities listed, or authorized for listing, on such exchanges shall be deemed covered securities:
(i) Tier I of the NYSE Arca, Inc.;
(ii) Tier I of the NASDAQ OMX PHLX LLC;
(iii) The Chicago Board Options Exchange, Incorporated;
(iv) Options listed on the International Securities Exchange, LLC;
(v) The Nasdaq Capital Market; and
(vi) Tier I and Tier II of BATS Exchange, Inc.
(2) The designation of securities in paragraphs (b)(1)(i) through (vi) of this section as covered securities is conditioned on such exchanges' listing standards (or segments or tiers thereof) continuing to be substantially similar to those of the NYSE, NYSE Amex, or Nasdaq/NGM.
(c)T Temporary definition of eligible contract participant as qualified purchaser. For purposes of Section 18(b)(3) of the Act (15 U.S.C. 77r(b)(3)), the term “qualified purchaser” shall mean any eligible contract participant (as defined in Section 1a(12) of the Commodity Exchange Act (7 U.S.C. 1a(12)) as in effect on the date of adoption of this section, other than a person who is an eligible contract participant under Section 1(a)(12)(C) of the Commodity Exchange Act) that has been sold an eligible credit default swap (as defined in Rule 239T of this Act) in reliance on Rule 239T of this Act. This temporary rule will expire on April 16, 2012.
[62 FR 24573, May 6, 1997, as amended at 63 FR 3035, Jan. 21, 1998; 69 FR 43298, July 20, 2004; 72 FR 20414, Apr. 24, 2007; 77 FR 3597, Jan. 25, 2012]
Effective Date Note:
At 74 FR 3974, Jan. 22, 2009, § 230.146 was amended by adding paragraph (c)T, effective Jan. 22, 2009 until Sept. 25, 2009. At 74 FR 47719 and 47724, Sept. 17, 2009, paragraph (c)T was amended and the effective date was extended until Nov. 30, 2010. At 75 FR 72664, Nov. 26, 2010, paragraph (c)T was amended and the effective date was extended until July 16, 2011. At 76 FR 40223, 40229, July 8, 2011, paragraph (c)T was amended and the effective date was extended until Apr. 16, 2012.
Title 17 published on 2012-04-01
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