(a) For the purposes only of section 5 of the
Act, a notice, circular, advertisement,
letter, sign, or other communication, published or transmitted to any
person which does not specifically refer by
name to the securities of a particular investment company, to the investment company itself, or to any other securities not
exempt under section 3(a) of the Act, will not be deemed to offer any security for sale,
(1) Such communication is limited to any one or more of the following:
(i) Explanatory information relating to securities of investment companies
generally or to the nature of investment companies, or to services offered
in connection with the ownership of such securities,
(ii) The mention or explanation of investment companies of different generic
types or having various investment objectives, such as balanced
funds, growth funds, income funds, leveraged funds, specialty funds,
variable annuities, bond funds, and no-load funds,
(iii) Offers, descriptions, and explanation of various products and services
not constituting a security subject to registration under the Act: Provided, That such offers, descriptions, and explanations do not
relate directly to the desirability of owning or purchasing a security
issued by a registered investment company,
(iv) Invitation to inquire for further information, and
(b) If such communication contains a solicitation of inquiries and
prospectuses for investment company securities are to be sent or delivered
in response to such inquiries, the number of such investment companies and,
if applicable, the fact that the sponsor of the communication is the
principal underwriter or investment adviser in respect to such
investment companies shall be stated.
(c) With respect to any communication describing any type of security,
service, or product, the broker, dealer, or other
person sponsoring such communication must
offer for sale a security, service, or product of the type described in such
[37 FR 10073, May 19, 1972, as amended at 37 FR 10931, June 1, 1972]
Title 17 published on 2015-04-01.
The following are only the Rules published in the Federal Register after the published date of Title 17.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.