17 CFR § 270.17d-3 - Exemption relating to certain joint enterprises or arrangements concerning payment for distribution of shares of a registered open-end management investment company.
An affiliated person of, or principal underwriter for, a registered open-end management investment company and an affiliated person of such a person or principal underwriter shall be exempt from section 17(d) of the Act (15 U.S.C. 80a–17(d)) and rule 17d–1 thereunder (17 CFR 270.17d–1), to the extent necessary to permit any such person or principal underwriter to enter into a written agreement with such company whereby the company will make payments in connection with the distribution of its shares, Provided, That:
(a) Such agreement is made in compliance with the provisions of § 270.12b–1; and
(b) No other registered management investment company which is either an affiliated person of such company or an affiliated person of such a person is a party to such agreement.