[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: 17CFR230.153]

[Page 499-500]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER II--SECURITIES AND EXCHANGE COMMISSION
 
PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933--Table of Contents
 
Sec. 230.153  Definition of ``preceded by a prospectus'', as used in section 5(b)(2), in relation to certain transactions.

    (a) The term preceded by a prospectus, as used in section 5(b)(2) of 
the Securities Act of 1933 (48 Stat. 77; 15 U.S.C. 77e(b)(2), as 
amended, in respect of any requirement of delivery of a prospectus to a 
member of a national securities exchange, on account of a transaction in 
a security effected on such exchange, shall mean delivery, prior to such 
transaction, of copies of a prospectus descriptive of such security and 
meeting the requirements of section 10(a) (48 Stat. 81, sec. 205, 48 
Stat. 906; 15 U.S.C. 77j) to such exchange by the issuer or any 
underwriter, for the purpose of redelivery to members of such exchange 
upon their request: Provided, That as to any transaction occurring prior 
to the expiration of forty days after the effective date of the 
registration statement or the expiration of forty days after the first 
date upon which the security was bona fide offered to the public by the 
issuer or by or through an underwriter after such effective date, 
whichever is later (exclusive of the time during which a stop order 
issued under section 8 is in effect as to such security):
    (1) Such exchange shall theretofore have requested of the issuer or, 
if such requests shall not have been compiled with, of a principal 
underwriter (as that term is defined in Sec. 230.405), from time to 
time, such number of copies of such prospectus as may have appeared 
reasonably necessary to comply with the requests of its members, and 
shall have delivered from its supply on hand a copy to any member 
theretofore making a written request therefor, and

[[Page 500]]

    (2) The issuer or any underwriter shall theretofore have furnished 
such exchange with such reasonable number of copies of such prospectus 
as may have been requested by the exchange for the purpose stated above.
    (b) The term national securities exchange, as used herein shall mean 
a securities exchange registered as a national securities exchange under 
the Securities Exchange Act of 1934 (48 Stat. 881; 15 U.S.C. Chapter 
2B), as amended.

[2 FR 1076, May 26, 1937, as amended at 19 FR 6737, Oct. 20, 1954]

    Cross References: For the rules and regulations under the Securities 
Exchange Act of 1934, see part 240 of this chapter. For general 
requirements as to prospectuses, see Secs. 230.400-230.434a.