[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: 17CFR230.158]

[Page 503-504]
 
              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. 230.158  Definitions of certain terms in the last paragraph of section 11(a).

    (a) An ``earning statement'' made generally available to 
securityholders of the registrant pursuant to the last paragraph of 
section 11(a) of the Act shall be sufficient for the purposes of such 
paragraph if:
    (1) There is included the information required for statements of 
income contained either:
    (i) In Item 8 of Form 10-K and Form 10-KSB (Sec. 249.310 of this 
chapter), part I, Item 1 of Form 10-Q and Form 10-QSB (Sec. 249.308a of 
this chapter), or rule 14a-3(b) (Sec. 240.14a-3(b) of this chapter) 
under the Securities Exchange Act of 1934;

[[Page 504]]

    (ii) In Item 17 of Form 20-F (Sec. 249.220f of this chapter), if 
appropriate; or
    (iii) In Form 40-F (Sec. 249.240f of this chapter); and
    (2) The information specified in the last paragraph of section 11(a) 
is contained in one report or any combination of reports either:
    (i) On Form 10-K and Form 10-KSB, Form 10-Q and Form 10-QSB, Form 8-
K (Sec. 249.308 of this chapter), or in the annual report to 
securityholders pursuant to rule 14a-3 under the Securities Exchange Act 
of 1934; or
    (ii) On Form 20-F, Form 40-F or Form 6-K (Sec. 249.306 of this 
chapter).

A subsidiary issuing debt securities guaranteed by its parent will be 
deemed to have met the requirements of this paragraph if the parent's 
income statements satisfy the criteria of this paragraph and information 
respecting the subsidiary is included to the same extent as was 
presented in the registration statement. An ``earning statement'' not 
meeting the requirements of this paragraph may otherwise be sufficient 
for purposes of the last paragraph of section 11(a).
    (b) For purposes of the last paragraph of section 11(a) only, the 
``earning statement'' contemplated by paragraph (a) of this section 
shall be deemed to be ``made generally available to its 
securityholders'' if the registrant:
    (1) Is required to file reports pursuant to section 13 or 15(d) of 
the Securities Exchange Act of 1934 and
    (2) Has filed its report or reports on Form 10-K and Form 10-KSB, 
Form 10-Q and Form 10-QSB, Form 8-K, Form 20-F, Form 40-F, or Form 6-K, 
or has supplied to the Commission copies of the annual report sent to 
securityholders pursuant to rule 14a-3(c), containing such information.

A registrant may use other methods to make an earning statement 
``generally available to its securityholders'' for purposes of the last 
paragraph of section 11(a).
    (c) For purposes of the last paragraph of section 11(a) only, the 
effective date of the registration statement is deemed to be the date of 
the latest to occur of (1) the effective date of the registration 
statement: (2) the effective date of the last post-effective amendment 
to the registration statement, next preceding a particular sale by the 
registrant of registered securities to the public filed for purposes of 
(i) including any prospectus required by section 10(a)(3) of the Act, 
(ii) reflecting in the prospectus any facts or events arising after the 
effective date of the registration statement (or the most recent post-
effective amendment thereof) which, individually or in the aggregate, 
represent a fundamental change in the information set forth in the 
registration statement, or (iii) including any material information with 
respect to the plan or distribution not previously disclosed in this 
registration statement or any material change to such information in the 
registration statement, or (3) the date of filing of the last report of 
the registrant incorporated by reference into the prospectus, and relied 
upon in lieu of filing a post-effective amendment for purposes of 
paragraphs (c)(2) (i) and (ii) of this rule, next preceding a particular 
sale by the registrant of registered securities to the public.
    (d) If an earnings statement was made available by ``other methods'' 
than those specified in paragraphs (a) and (b) of this section, the 
earnings statement must be filed as exhibit 99 to the next periodic 
report required by section 13 or 15(d) of the Exchange Act covering the 
period in which the earnings statement was released.

[48 FR 44770, Sept. 30, 1983, as amended at 56 FR 30054, July 1, 1991; 
58 FR 14669, Mar. 18, 1993]