[Code of Federal Regulations]
[Title 17, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR229.510]

[Page 427]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER II--SECURITIES AND EXCHANGE COMMISSION
 
 PART 229--STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND CONSERVATION ACT OF 1975--
REGULATION S-K--Table of Contents
 
    Subpart 229.500--Registration Statement and Prospectus Provisions
 
Sec. 229.510  (Item 510) Disclosure of Commission position on indemnification for Securities Act liabilities.

    In addition to the disclosure prescribed by Item 702 of Regulation 
S-K (Sec. 229.702), if the undertaking required by paragraph (h) of Item 
512 of Regulation S-K (Sec. 229.512) is not required to be included in 
the registration statement because acceleration of the effective date of 
the registration statement is not being requested, and if waivers have 
not been obtained comparable to those specified in paragraph (h), a 
brief description of the indemnification provisions relating to 
directors, officers and controlling persons of the registrant against 
liability arising under the Securities Act (including any provision of 
the underwriting agreement which relates to indemnification of the 
underwriter or its controlling persons by the registrant against such 
liabilities where a director, officer or controlling person of the 
registrant is such an underwriter or controlling person thereof or a 
member of any firm which is such an underwriter) shall be included in 
the prospectus, together with a statement in substantially the following 
form:

Insofar as indemnification for liabilities arising under the Securities 
Act of 1933 may be permitted to directors, officers or persons 
controlling the registrant pursuant to the foregoing provisions, the 
registrant has been informed that in the opinion of the Securities and 
Exchange Commission such indemnification is against public policy as 
expressed in the Act and is therefore unenforceable.

[47 FR 11401, Mar. 16, 1982, as amended at 56 FR 48103, Sept. 24, 1991]