cfr_sections
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186 rows where part_number = 260 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.1.37.0.8.1 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.1 Purpose. | FAA | [DOT-OST-2022-0089, 89 FR 65536, Aug. 12, 2024] | The purpose of this part is to ensure that carriers promptly refund consumers for: (a) Fees for ancillary services related to air travel that consumers paid for but were not provided; (b) Fees to transport checked bags that are lost or significantly delayed; and (c) Airfare including nonrefundable airfare for a flight that is cancelled or significantly changed where the consumer does not accept the significantly changed flight or rebooking on an alternative flight, or accept any voucher, credit, or other compensation offered by the carrier. | |||||
| 14:14:4.0.1.1.37.0.8.10 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.10 Providing prompt refunds. | FAA | [DOT-OST-2022-0089 and DOT-OST-2016-0208, 89 FR 32832, Apr. 26, 2024. Redesignated by DOT-OST-2022-0089, 89 FR 65538, Aug. 12, 2024] | When a refund of a fare or a fee for an ancillary service, including a fee for lost or significantly delayed checked baggage, is due pursuant to this part, the refund must be issued promptly in the original form of payment ( i.e., money is returned to an individual using whatever payment method the individual used to make the original payment, such as a check, credit card, debit card, cash, or airline miles) unless the consumer agrees to receive the refunds in a different form of payment that is a cash equivalent as defined in § 260.2. Carriers may not retain a processing fee for issuing refunds that are due. | |||||
| 14:14:4.0.1.1.37.0.8.11 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.11 Contract of Carriage provisions related to refunds. | FAA | [DOT-OST-2022-0089 and DOT-OST-2016-0208, 89 FR 32832, Apr. 26, 2024. Redesignated by DOT-OST-2022-0089, 89 FR 65538, Aug. 12, 2024] | A carrier must not include terms or conditions in its contract of carriage inconsistent with the carriers' obligations as specified by this part. Any such action will be considered an unfair and deceptive practice within the meaning of 49 U.S.C. 41712. | |||||
| 14:14:4.0.1.1.37.0.8.2 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.2 Definitions. | FAA | [DOT-OST-2022-0089 and DOT-OST-2016-0208, 89 FR 32832, Apr. 26, 2024, as amended by DOT-OST-2022-0089, 89 FR 65536, Aug. 12, 2024] | As used in this part: Air carrier means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. Ancillary service means any optional service related to air travel that a covered carrier provides for a fee, beyond passenger air transportation. Such services may include, but are not limited to, transport of checked or carry-on baggage, advance seat selection, access to in-flight entertainment programs or Wi-Fi, in-flight beverages, snacks, meals, pillows and blankets, seat upgrades, and lounge access. Automatic refund means issuing a refund to a consumer without waiting to receive an explicit refund request, when the consumer's right to a refund is undisputed because the contracted service was not provided and either the consumer rejected the alternative offered or no alternative was offered. Break in journey means any deliberate interruption by a passenger of a journey between a point in the United States and a point in a foreign country where there is a stopover at a foreign point scheduled to exceed 24 hours. If the stopover is 24 hours or less, whether it is a break in journey depends on various factors such as whether the segment between two foreign points and the segment between a foreign point and the United States were purchased in a single transaction and as a single ticket/itinerary, whether the segment between two foreign points is operated or marketed by a carrier that has no codeshare or interline agreement with the carrier operating or marketing the segment to or from the United States, and whether the stopover at a foreign point involves the passenger picking up checked baggage, leaving the airport, and continuing the next segment after a substantial amount of time. Business days means Monday through Friday, excluding Federal holidays in the United States. Cancelled flight or flight cancellation means a covered flight with a specific flight number scheduled to be operated between a specific origin-destination city pair that was pub… | |||||
| 14:14:4.0.1.1.37.0.8.3 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.3 Applicability. | FAA | This part applies to: covered carriers that are the merchants of record; covered carriers that operate the flight or, for multiple-carrier itineraries, covered carriers that operate the last segment of a flight where a ticket agent is the merchant of record for a checked bag fee; and covered carriers that fail to provide an ancillary service (other than checked bag service) for which the consumer paid where a ticket agent is the merchant of record for an ancillary service fee other than checked bag fee. | ||||||
| 14:14:4.0.1.1.37.0.8.4 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.4 Refunding fees for ancillary services that consumers paid for but that were not provided. | FAA | (a) A covered carrier that is the merchant of record shall provide a prompt and automatic refund to a consumer for any fees it collected from the consumer for ancillary services if the service was not provided through no fault of the consumer ( e.g., prepaid ancillary service not utilized by the consumer because of flight cancellation, significant change, or oversale situation; service not provided because of aircraft substitution, equipment malfunction, etc.). If a ticket agent is the merchant of record for a checked bag fee and the checked bag service was not provided (or was significantly delayed) through no fault of the consumer, the carrier that operated the flight, or for multiple-carrier itineraries, the carrier that operated the last segment of the consumer's itinerary is responsible for providing a prompt and automatic refund of the checked bag fee, consistent with § 260.5. If a ticket agent is the merchant of record for fees for all other ancillary services, the carrier that operated the flight and failed to provide the service through no fault of the consumer is responsible for providing a prompt and automatic refund. (b) In situations where the ancillary service the consumer paid for (other than the service of transporting a checked bag) is not available for all the passengers who paid for that service ( e.g., Wi-Fi not available for all passengers on a flight, lounge access not available for all passengers on a certain date), a carrier's obligation under paragraph (a) of this section to provide a prompt and automatic refund begins when the information about the unavailability of the service is known by the carrier that failed to provide the service, and, if applicable, relayed as provided in paragraph (d) of this section to the carrier responsible for providing a prompt refund as specified in paragraph (a) of this section. (c) In situations where the ancillary service the consumer paid for (other than the service of transporting a checked bag) is not available to an individual or several individu… | ||||||
| 14:14:4.0.1.1.37.0.8.5 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.5 Refunding fees for significantly delayed or lost bags. | FAA | A covered carrier that is the merchant of record or, if a ticket agent is the merchant of record, the covered carrier that operated the flight or the last flight segment in a multiple-carrier itinerary, must provide a prompt refund to a consumer of any fee charged for transporting a lost bag or a significantly delayed checked bag, as defined in § 260.2 of this part and determined according to paragraph (a) of this section, subject to the conditions in paragraphs (b) and (c) of this section. (a) Determining the length of delay for the bag. For the purpose of determining whether a checked bag is significantly delayed as defined in § 260.2, the length of delay is calculated from the time the passenger is given the opportunity to deplane from a flight at the passenger's final destination airport (the beginning of the delay) to the time that the carrier has delivered the bag to a location agreed upon by the passenger and carrier ( e.g., passenger's home or hotel) or the time that the bag has been picked up by the passenger or another person acting on behalf of the passenger at the passenger's final destination airport (the end of the delay). (b) Notification by passenger about lost or significantly delayed bag. A covered carrier does not have an obligation to provide a refund of the fee for a lost or significantly delayed checked bag unless a passenger files a Mishandled Baggage Report (MBR) for the lost or delayed bag with the carrier that operated the flight, or for multiple-carrier itineraries, the carrier that operated the last segment of the consumer's itinerary. (c) Notification by carrier that received an MBR about lost or significantly delayed checked bag. Except when the carrier responsible for providing a prompt refund for a baggage fee as specified in this section is the same carrier that received the MBR, a covered carrier that received the MBR must timely notify the carrier responsible for providing a prompt refund that the bag has been lost or significantly delayed when this is the case. A cove… | ||||||
| 14:14:4.0.1.1.37.0.8.6 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.6 Refunding fare for flights cancelled or significantly delayed or changed by carriers. | FAA | [DOT-OST-2022-0089, 89 FR 65537, Aug. 12, 2024] | (a) Carriers' obligation to provide refunds —(1) Carriers' obligation. A covered carrier that is the merchant of record must provide a full and prompt refund of the airfare, including any taxes and ancillary fees, as set forth in paragraph (a)(2) of this section to a consumer that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States for any cancelled flight or significantly delayed or changed flight where the consumer chooses not to: (i) Fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (ii) Accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to paragraph (c) of this section. (2) Automatic refunds. A full refund of the airfare, including any taxes and ancillary fees, is due to a consumer as described in paragraphs (a)(2)(i) through (iii) of this section: (i) A flight is canceled and a consumer is not offered an alternative flight or any voucher, credit, or other form of compensation by the air carrier or foreign air carrier pursuant to paragraph (c) of this section; (ii) A consumer rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the covered carrier pursuant to paragraph (c) of this section; or (iii) A consumer does not respond to an offer of: (A) A significantly delayed or changed flight or an alternative flight and the flight departs without the consumer; or (B) A voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs. (b) Individuals with a disability. A carrier that is the merchant of record must provide a full and prompt refund to an individual with a disability upon notification by the individual with a disability that he/she does not want to continue travel because of the significant changes described in paragraphs… | |||||
| 14:14:4.0.1.1.37.0.8.7 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.7 Affirmative acceptance of an offer of alternative compensation. | FAA | [DOT-OST-2022-0089, 89 FR 65537, Aug. 12, 2024] | A covered carrier must not deem a consumer to have accepted an offer for travel credits, vouchers, or other compensation in lieu of a refund under § 260.6(c) unless the consumer affirmatively agrees to the alternative form of compensation. | |||||
| 14:14:4.0.1.1.37.0.8.8 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.8 Disclosing material restrictions, conditions, or limitations. | FAA | [DOT-OST-2022-0089, 89 FR 65537, Aug. 12, 2024] | In carrying out the requirements of § 260.6(c), a covered carrier must clearly and conspicuously disclose, no later than at the time of voucher or credit offer, any material restrictions, limitations, or conditions on travel credits, vouchers, or other compensation, including but not limited to validity period, advance purchase requirement, capacity restrictions, and blackout dates, regardless of whether consumers are entitled to a refund. | |||||
| 14:14:4.0.1.1.37.0.8.9 | 14 | Aeronautics and Space | II | A | 260 | PART 260—REFUNDS FOR AIRLINE FARE AND ANCILLARY SERVICE FEES | § 260.9 Notification to consumers. | FAA | [DOT-OST-2022-0089, 89 FR 65538, Aug. 12, 2024] | (a) Upon the occurrence of a flight cancellation or a significant delay or change, a covered carrier must timely notify affected consumers about the cancellation or significant delay or change, and the information relating to any alternative to refund as provided in § 260.6(c). (b) Covered air carriers must ensure that their passenger notification systems notify passengers owed a refund pursuant to § 260.6(a) and (b) of their right to receive a refund. Covered carriers that provide notification subscription services to passengers must ensure notifications under this paragraph be provided through media that the carriers offer and the subscribers choose, including emails, text messages, and push notices from mobile apps. | |||||
| 17:17:5.0.1.1.16.0.17.1 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-1 Application of definitions contained in the act. | SEC | Unless the context otherwise requires, the terms defined in the act shall, when used in the rules and regulations, have the respective meanings given in the act. | |||||||
| 17:17:5.0.1.1.16.0.17.2 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-2 Definitions of terms used in the rules and regulations. | SEC | [5 FR 293, Jan. 25, 1940, as amended at 58 FR 14686, Mar. 18, 1993; 62 FR 36459, July 8, 1997] | Unless the context otherwise requires, the following terms, when used in this part, shall have the respective meanings indicated in this section: (a) Act. The term “act” means the Trust Indenture Act of 1939. (53 Stat. 1149; 15 U.S.C. 77aaa) (b) Affiliate. The term “affiliate” means a person controlling, controlled by, or under common control with, another person. The terms “affiliated” and “affiliation” have meanings correlative to the foregoing. (c) Agent for service. The term “agent for service” means the person authorized to receive notices and communications from the Commission. (d) Amount. The term “amount” when used in regard to securities, shall have the meaning given in § 260.10b-1(c). (e) Class. The term “class”, when used in regard to securities, shall have the meaning given in § 260.10b-1(e). (f) Control. The term “control” means the power to direct the management and policies of a person, directly or through one or more intermediaries, whether through the ownership of voting securities, by contract, or otherwise. The terms “controlling” and “controlled” have meanings correlative to the foregoing. (See § 260.a-26.) (g) Electronic filer. The term electronic filer means a person or an entity that submits filings electronically pursuant to Rules 100 and 101 of Regulation S-T (§§ 232.100 and 232.101 of this chapter, respectively). (h) Electronic filing. The term electronic filing means a document under the federal securities laws that is transmitted or delivered to the Commission in electronic format. (i) Outstanding. The term “outstanding”, when used in regard to securities, shall have the meaning given in § 260.10b-1(d). (j) Parent. The term “parent” means a person controlling one or more other persons. (k) Rules and regulations. The term “rules and regulations” means all rules and regulations adopted by the Commission pursuant to the act, including the forms and instructions thereto. (l) Section. The term “section” means a section of the act. 1 1 References t… | ||||||
| 17:17:5.0.1.1.16.0.17.3 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-3 Definition of “rules and regulations” as used in certain sections of the Act. | SEC | [21 FR 1046, Feb. 15, 1956] | (a) The term rules and regulations as used in section 305 of the Act shall include the forms for registration of securities under the Securities Act of 1933 and the related instructions thereto, and the forms for information, documents and statements under section 305 of the Act. (b) The term rules and regulations as used in section 307 of the Act shall include the forms for applications under section 307 of the Act and the related instructions thereto. | ||||||
| 17:17:5.0.1.1.16.0.17.4 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-4 Sequential numbering of documents filed with the Commission. | SEC | [44 FR 4666, Jan. 23, 1979, as amended at 76 FR 71877, Nov. 21, 2011] | The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Trust Indenture Act of 1939 shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document. | ||||||
| 17:17:5.0.1.1.16.0.18.5 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-5 Business hours of the Commission. | SEC | [58 FR 14687, Mar. 18, 1993, as amended at 65 FR 24802, Apr. 27, 2000; 68 FR 25800, May 13, 2003; 73 FR 32228, June 5, 2008; 88 FR 12209, Feb. 27, 2023] | (a) General. The principal office of the Commission, at 100 F Street, NE., Washington, DC 20549, is open each day, except Saturdays, Sundays and federal holidays, from 9 a.m. to 5:30 p.m., Eastern Standard Time or Eastern Daylight Saving Time, whichever is currently in effect, provided that the hours for the filing of documents with the Commission are as set forth in paragraphs (b) and (c) of this section. (b) Submissions made in paper. Paper documents filed with or otherwise furnished to the Commission may be submitted to the Commission each day, except Saturdays, Sundays and federal holidays, from 8 a.m. to 5:30 p.m., Eastern Standard Time or Eastern Daylight Saving Time, whichever is currently in effect. (c) Electronic filings. Filings made by direct transmission may be submitted to the Commission each day, except Saturdays, Sundays, and Federal holidays, from 6 a.m. to 10 p.m., Eastern Standard Time or Eastern Daylight Saving Time, whichever is currently in effect. | ||||||
| 17:17:5.0.1.1.16.0.18.6 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-6 Nondisclosure of information obtained in the course of examinations and investigations. | SEC | [44 FR 50836, Aug. 30, 1979, as amended at 53 FR 17459, May 17, 1988; 54 FR 33501, Aug. 15, 1989; 76 FR 71877, Nov. 21, 2011] | Information or documents obtained by officers or employees of the Commission in the course of any examination or investigation under section 8(e) of the Securities Act of 1933 (48 Stat. 79; 15 U.S.C. 77h), pursuant to section 307(c) of the Trust Indenture Act of 1939 (53 Stat. 1156; 15 U.S.C. 77ggg), or any examination or investigation under section 20(a) of the Securities Act of 1933 (48 Stat. 86; 15 U.S.C. 77t), pursuant to section 321(a) of the Trust Indenture Act of 1939 (53 Stat. 1174; 15 U.S.C. 77uuu), shall, unless made a matter of public record, be deemed confidential. Except as provided by 17 CFR 203.2, officers and employees are hereby prohibited from making such confidential information or documents or any other non-public records of the Commission available to anyone other than a member, officer or employee of the Commission, unless the Commission or the General Counsel, pursuant to delegated authority, authorizes the disclosure of such information or the production of such documents as not being contrary to the public interest. Any officer or employee who is served with a subpoena requiring the disclosure of such information or the production of such documents shall appear in court and, unless the authorization described in the preceding sentence shall have been given, shall respectfully decline to disclose the information or produce the documents called for, basing his or her refusal upon this section. Any officer or employee who is served with such a subpoena shall promptly advise the General Counsel of the service of such subpoena, the nature of the information or documents sought, and any circumstances which may bear upon the desirability of making available such information or documents. | ||||||
| 17:17:5.0.1.1.16.0.18.7 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-7 Small entities for purposes of the Regulatory Flexibility Act. | SEC | [47 FR 5223, Feb. 4, 1982, as amended at 51 FR 25362, July 14, 1986] | For purposes of Commission rulemaking in accordance with the provisions of Chapter Six of the Administrative Procedure Act (5 U.S.C. 601 et seq. ), and unless otherwise defined for purposes of a particular rulemaking proceeding, the term “small business” or “small organization,” for purposes of the Trust Indenture Act of 1939 shall mean an issuer whose total assets on the last day of its most recent fiscal year were $5 million or less that is engaged or proposing to engage in small business financing. An issuer is considered to be engaged or proposing to be engaged in small business financing under this section if it is conducting or proposing to conduct an offering of securities which does not exceed the dollar limitation prescribed by § 260.4a-2. | ||||||
| 17:17:5.0.1.1.16.0.18.8 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.0-11 Liability for certain statements by issuers. | SEC | [46 FR 19458, Mar. 31, 1981, as amended at 47 FR 54790, Dec. 26, 1982; 56 FR 30077, July 1, 1991; 64 FR 53925, Oct. 5, 1999; 73 FR 982, Jan. 4, 2008] | (a) A statement within the coverage of paragraph (b) below which is made by or on behalf of an issuer or by an outside reviewer retained by the issuer shall be deemed not to be a fraudulent statement (as defined in paragraph (d) of this section), unless it is shown that such statement was made or reaffirmed without a reasonable basis or was disclosed other than in good faith. (b) This rule applies to the following statements: (1) A forward-looking statement (as defined in paragraph (c) of this section) made in a document filed with the Commission, in Part I of a quarterly report on Form 10-Q, § 249.308a of this chapter, or in an annual report to security holders meeting the requirements of Rules 14a-3(b) and (c) or 14c-3(a) and (b) under the Securities Exchange Act of 1934 (§ 240.14a-3(b) and (c) or § 240.14c-3(a) and (b) of this chapter), a statement reaffirming such forward-looking statement after the date the document was filed or the annual report was made publicly available, or a forward-looking statement made before the date the document was filed or the date the annual report was made publicly available if such statement is reaffirmed in a filed document, in Part I of a quarterly report on Form 10-Q, or in an annual report made publicly available within a reasonable time after the making of such forward-looking statement; Provided, that: (i) At the time such statements are made or reaffirmed, either the issuer is subject to the reporting requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and has complied with the requirements of Rule 13a-1 or 15d-1 (§ 240.13a-1 or § 240.15d-1 of this chapter) thereunder, if applicable, to file its most recent annual report on Form 10-K, Form 20-F, or Form 40-F; or if the issuer is not subject to the reporting requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, the statements are made in a registration statement filed under the Securities Act of 1933 or pursuant to section 12(b) or (g) of the Securities Exchange Act … | ||||||
| 17:17:5.0.1.1.16.0.19.10 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.3(4)-2 Definition of “distribution” in section 303(4) for certain transactions. | SEC | A person, the chief part of the business of which consists in the purchase of the securities of any one issuer and/or its affiliate and in the sale of its own securities to furnish the proceeds with which to acquire the securities of such issuer and/or affiliate, is to be regarded as engaged in the distribution of the securities of such issuer and/or affiliate within the meaning of section 303(4). | |||||||
| 17:17:5.0.1.1.16.0.19.11 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.3(4)-3 Definitions of “participates” and “participation” as used in section 303(4), in relation to certain transactions. | SEC | (a) The terms participates and participation in section 303(4) shall not include the interest of a person (1) who is neither in privity of contract with the issuer nor affiliated with the issuer, and (2) who has no association with any principal underwriter of the securities being distributed, and (3) whose function in the distribution is confined to an undertaking to purchase all or some specified proportion of the securities remaining unsold after the lapse of some specified period of time, and (4) who purchases such securities for investment and not with a view to distribution. (b) As used in this section: (1) The term association shall include a relationship between two persons under which one (i) is affiliated with the other, or (ii) has, in common with the other, one or more partners, directors, officers, trustees, branch managers, or other persons occupying a similar status or performing similar functions or (iii) has a participation, direct or indirect, in the profits of the other, or has a financial stake, by debtor-creditor relationship, stock ownership, contract or otherwise, in the income or business of the other. (2) The term principal underwriter means an underwriter in privity of contract with the issuer of the securities as to which he is underwriter. | |||||||
| 17:17:5.0.1.1.16.0.19.9 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.3(4)-1 Definition of “commission from an underwriter or dealer not in excess of the usual and customary distributors' or sellers' commissions” in section 303(4), for certain transactions. | SEC | (a) The term commission in section 303(4) shall include such remuneration, commonly known as a spread, as may be received by a distributor or dealer as a consequence of reselling securities bought from an underwriter or dealer at a price below the offering price of such securities, where such resales afford the distributor or dealer a margin of profit not in excess of what is usual and customary in such transactions. (b) The term commission from an underwriter or dealer in section 303(4) shall include commissions paid by an underwriter or dealer affiliated with the issuer. (c) The term usual and customary distributors' or sellers' commission in section 303(4) shall mean a commission or remuneration, commonly known as a spread, paid to or received by any person selling securities either for his own account or for the account of others, which is not in excess of the amount usual and customary in the distribution and sale of issues of similar type and size, and not in excess of the amount allowed to other persons, if any, for comparable service in the distribution of the particular issue; but such term shall not include amounts paid to any person whose function is the management of the distribution of all of a substantial part of the particular issue, or who performs the functions normally performed by an underwriter or underwriting syndicate. | |||||||
| 17:17:5.0.1.1.16.0.20.12 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4a-1 Exempted securities under section 304(a)(8). | SEC | [80 FR 21925, Apr. 20, 2015] | The provisions of the Trust Indenture Act of 1939 shall not apply to any security that has been or will be issued otherwise than under an indenture. The same issuer may not claim this exemption within a period of twelve consecutive months for more than $50,000,000 aggregate principal amount of any securities. | ||||||
| 17:17:5.0.1.1.16.0.20.13 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4a-2 Exempted securities under section 304(d). | SEC | [57 FR 36501, Aug. 13, 1992] | The provisions of the Trust Indenture Act of 1939 shall not apply to any security that has been issued or will be issued in accordance with the provisions of Regulation A (17 CFR 230.251 et seq. ) under the Securities Act of 1933. | ||||||
| 17:17:5.0.1.1.16.0.20.14 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4a-3 Exempted securities under section 304(a)(9). | SEC | [46 FR 63256, Dec. 31, 1981. Redesignated and amended at 57 FR 36501, Aug. 13, 1992] | The provisions of the Trust Indenture Act of 1939 shall not apply to any security which has been or is to be issued under an indenture which limits the aggregate principal amount of securities at any time outstanding thereunder to $10,000,000 or less, but this exemption shall not be applied within a period of thirty-six consecutive months to more than $10,000,000 aggregate principal amount of securities of the same issuer. | ||||||
| 17:17:5.0.1.1.16.0.20.15 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4c-1 Form for applications under section 304(c). | SEC | [6 FR 981, Feb. 15, 1941] | Form T-4 shall be used for applications for exemption filed pursuant to section 304(c) of the act. | ||||||
| 17:17:5.0.1.1.16.0.20.16 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4c-2 General requirements as to form and content of applications. | SEC | [6 FR 981, Feb. 15, 1941] | Sections 260.7a-15 to 260.7a-38 shall be applicable to applications on Form T-4. | ||||||
| 17:17:5.0.1.1.16.0.20.17 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4c-3 Number of copies; filing; signatures; binding. | SEC | [16 FR 8737, Aug. 29, 1951] | (a) Three copies of every application and of every amendment thereto shall be filed with the Commission at its principal office. (b) At least the original of each application or amendment filed with the Commission shall be signed in the manner prescribed by Form T-4 (§ 269.4 of this chapter). (c) The application proper and the exhibits thereto shall be bound on the left side in one or more parts, but without stiff covers. | ||||||
| 17:17:5.0.1.1.16.0.20.18 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4c-4 Applications under section 304(c)(1). | SEC | [6 FR 981, Feb. 15, 1941] | (a) An applicant under section 304(c)(1) may, if it so desires, waive a hearing and request the Commission to decide the application without a formal hearing on the basis of the application and such other information and documents as the Commission shall designate as a part of the record. However, a hearing may be called upon order of the Commission notwithstanding that the applicant shall have filed such a waiver and request whenever, in the judgment of the Commission, such a hearing is necessary or appropriate in the public interest. (b) If the applicant waives a hearing and requests the Commission to decide the application without a hearing and if no hearing has been ordered by the Commission: (1) The applicant shall, at the request of the Commission, furnish such additional information or documents as the Commission may deem necessary to decide the application. (2) The Commission may, with the consent of the applicant, make a part of the record any pertinent information or documents filed with the Commission by the applicant or by any other person. (3) The Commission shall, in its order deciding the application, designate and describe the information and documents comprising the record on which the decision is based. | ||||||
| 17:17:5.0.1.1.16.0.20.19 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4c-5 Applications under section 304(c)(2). | SEC | [6 FR 981, Feb. 15, 1941] | A hearing shall be held upon every application filed pursuant to section 304(c)(2). | ||||||
| 17:17:5.0.1.1.16.0.20.20 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4d-7 Application for exemption from one or more provisions of the Act. | SEC | [56 FR 22319, May 15, 1991] | (a) Three copies of every application for an order under section 304(d) of the Act (15 U.S.C. 77ddd(d)) and of every amendment thereto shall be filed with the Commission at its principal office. (b) One copy shall be manually signed by a duly authorized officer of the applicant (or individual customarily performing similar functions with respect to an organization, whether incorporated or unincorporated), or by a natural person seeking exemption under section 304(d) of the Act. (c) Such applications shall be on paper no larger 8 1/2 × 11 inches in size. If reduction of large documents would render them illegible, such documents may be filed on paper larger than 8 1/2 × 11 inches in size. The left margin shall be at least 1 1/2 inches wide and if the application is bound, it shall be bound on the left side. (d) The application shall be typed, printed, copied, or prepared by a process which produces copies suitable for repeated photocopying and microfilming. All typewritten or printed matter shall be set forth in black ink to permit photocopying. If printed, the application shall be in type not smaller than 10-point, roman type, at least two points leaded. (e) Rules 7a-28 through 7a-32 (§§ 260.7a-28 through 260.7a-32 of this chapter) relating to incorporation by reference shall be applicable to applications for exemption pursuant to section 304(d) of the Act. | ||||||
| 17:17:5.0.1.1.16.0.20.21 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4d-8 Content. | SEC | [56 FR 22319, May 15, 1991] | (a) Each application for an order under section 304(d) of the Act (15 U.S.C. 77ddd(d)) shall contain the name, address, and telephone number of each applicant and the name, address, and telephone number of any person to which such applicant wishes any questions regarding the application to be directed. (b) Each application shall contain a statement of the relevant facts on which the request for relief is based, including a justification for the exemption(s) requested and a discussion of any benefit expected for security holders, trustees and/or obligors. | ||||||
| 17:17:5.0.1.1.16.0.20.22 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4d-9 Exemption for Canadian Trust Indentures from Specified Provisions of the Act. | SEC | [56 FR 30077, July 1, 1991, as amended at 57 FR 36501, Aug. 13, 1992; 58 FR 33190, June 16, 1993; 73 FR 983, Jan. 4, 2008] | Any trust indenture filed in connection with offerings on a registration statement on Form S-1, (§ 239.1 of this chapter) F-7, F-8, F-9, F-10 or F-80 (§§ 239.37 through 239.41 of this chapter) shall be exempt from the operation of sections 310(a)(3) and 310(a)(4), sections 310(b) through 316(a), and sections 316(c) through 318(a) of the Act; provided that the trust indenture is subject to: (a) The Canada Business Corporations Act, R. S. C. 1985; (b) The Bank Act, R. S. C. 1985; (c) The Business Corporations Act, 1982 (Ontario), S. O. 1982; or (d) The Company Act, R.S.B.C. 1979, C. 59. | ||||||
| 17:17:5.0.1.1.16.0.20.23 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4d-10 Exemption for securities issued pursuant to § 230.802 of this chapter. | SEC | [64 FR 61406, Nov. 10, 1999] | Any debt security, whether or not issued under an indenture, is exempt from the Act if made in compliance with § 230.802 of this chapter. | ||||||
| 17:17:5.0.1.1.16.0.20.24 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4d-11 Exemption for security-based swaps offered and sold in reliance on Rule 239 under the Securities Act of 1933 (17 CFR 230.239). | SEC | [77 FR 20549, Apr. 5, 2012] | Any security-based swap offered and sold in reliance on Rule 239 under the Securities Act of 1933 (17 CFR 230.239), whether or not issued under an indenture, is exempt from the Act. | ||||||
| 17:17:5.0.1.1.16.0.20.25 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.4d-12 Exemption for security-based swaps offered and sold in reliance on Securities Act of 1933 Rule 240 (§ 230.240). | SEC | [82 FR 10707, Feb. 15, 2017] | Any security-based swap offered and sold in reliance on § 230.240 of this chapter, whether or not issued under an indenture, is exempt from the Act. This section will expire on February 11, 2018. | ||||||
| 17:17:5.0.1.1.16.0.21.26 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.5a-1 Forms for statements of eligibility and qualification. | SEC | (a) Form T-1 shall be used for statements of eligibility and qualification of corporations designated to act as trustees under trust indentures to be qualified pursuant to section 305 or 307 of the Act. (b) Form T-2 shall be used for statements of eligibility and qualification of individuals designated to act as trustees under trust indentures to be qualified pursuant to section 305 or 307 of the Act. | |||||||
| 17:17:5.0.1.1.16.0.21.27 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.5a-2 General requirements as to form and content of statements of eligibility and qualification. | SEC | [56 FR 22320, May 15, 1991] | Rules 7a-15 through 7a-37 (§§ 260.7a-15 through 260.7a-37 of this chapter) under section 307 under the Trust Indenture Act shall be applicable to statements filed on Forms T-1, T-2, and T-6. | ||||||
| 17:17:5.0.1.1.16.0.21.28 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.5a-3 Number of copies; filing; signatures; binding. | SEC | [6 FR 667, Jan. 30, 1941, as amended at 16 FR 8737, Aug. 29, 1951] | (a) Three copies of each statement of eligibility and qualification shall be filed with the registration statement or application for qualification. (b) At least the original of each statement of eligibility and qualification filed with the Commission shall be signed in the manner prescribed by the particular form. (c) Each statement of eligibility and qualification and the exhibits thereto shall be bound on the left-hand side in one or more parts, without stiff covers. The binding shall be made in such manner as to leave the reading matter legible. (d) The statement or statements shall be filed by the obligor upon the indenture securities as a separate part of the registration statement or application for qualification, as the case may be. | ||||||
| 17:17:5.0.1.1.16.0.21.29 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.5b-1 Application pursuant to section 305(b)(2) of the Trust Indenture Act for determining eligibility of a person designated as trustee for offerings on a delayed basis. | SEC | [56 FR 22320, May 15, 1991] | Forms T-1 and T-2 (17 CFR 269.1 and 269.2) shall be used for applications filed for the purpose of determining the eligibility under section 310(a) of the Act of a person designated as trustee for debt securities registered under the Securities Act of 1933 which are eligible to be issued, offered, or sold on a delayed basis by or on behalf of the registrant. | ||||||
| 17:17:5.0.1.1.16.0.21.30 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.5b-2 General requirements as to form and content of applications. | SEC | [56 FR 22320, May 15, 1991] | Rule 5a-2 (§ 260.5a-2 of this chapter) and rules 7a-15 through 7a-37 [§§ 260.7a-15 through 260.7a-37 of this chapter] shall be applicable to applications pursuant to rule 5b-1 (§ 260.56b-1 of this chapter). | ||||||
| 17:17:5.0.1.1.16.0.21.31 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.5b-3 Number of copies—Filing—Signatures. | SEC | [56 FR 22320, May 15, 1991] | (a) Three copies of every application pursuant to rule 5b-1 (§ 260.5b-1 of this chapter) and of every amendment thereto shall be filed with the Commission at its principal office by the issuer upon the indenture securities. Such application shall be filed no later than the second business day following the initial date of public offering or sales after effectiveness of the registration statement with respect to such securities, or transmitted by a means reasonably calculated to result in filing with the Commission by that date. (b) One copy shall be manually signed by the applicant's duly authorized officer (or individual customarily performing similar functions with respect to any organization, whether incorporated or unincorporated), or by the individual trustee, as applicable. | ||||||
| 17:17:5.0.1.1.16.0.23.32 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-1 Form for application. | SEC | Form T-3 shall be used for applications for qualification of indentures pursuant to section 307(a). | |||||||
| 17:17:5.0.1.1.16.0.23.33 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-2 Powers of agent for service named in application. | SEC | Every applicant shall be deemed, in the absence of a statement to the contrary, to confer upon the agent for service the following powers: (a) A power to amend the application for qualification by altering the date of the proposed offering of the indenture securities. (b) A power to make application pursuant to § 260.7 for the Commission's consent to the filing of an amendment. (c) A power to withdraw the application for qualification or any amendment thereto. (d) A power to consent to the entry of an order under section 8(b) of the Securities Act of 1933 (48 Stat. 79; 15 U.S.C. 77 l ), waiving notice and hearing, such order being entered without prejudice to the right of the applicant thereafter to have the order vacated upon a showing to the Commission that the application for qualification, as amended, is no longer incomplete or inaccurate on its face in any material respect. | |||||||
| 17:17:5.0.1.1.16.0.23.34 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-3 Number of copies; filing; signatures; binding. | SEC | [16 FR 8737, Aug. 29, 1951] | (a) Three copies of the complete application shall be filed with the Commission at its principal office. (b) At least the original of each application filed with the Commission shall be signed in the manner prescribed by Form T-3 (§ 269.3 of this chapter). (c) The application proper and the exhibits thereto shall be bound on the left side in one or more parts, but without stiff covers. The binding shall be made in such manner as to leave the reading matter legible. | ||||||
| 17:17:5.0.1.1.16.0.23.35 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-4 Calculation of time. | SEC | [12 FR 2941, May 2, 1947] | Saturdays, Sundays and holidays shall be counted in computing the effective date of applications for qualification filed under section 307(a) of the Act. The twentieth day shall be deemed to begin at the expiration of nineteen periods of twenty-four hours each from 5:30 p.m., eastern standard time or eastern daylight-saving time, whichever is in effect at the principal office of the Commission on the date of filing. | ||||||
| 17:17:5.0.1.1.16.0.23.36 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-5 Filing of amendments; number of copies. | SEC | [16 FR 8737, Aug. 29, 1951] | Except as provided in § 260.7a-6, three copies of every amendment to an application shall be filed with the Commission. | ||||||
| 17:17:5.0.1.1.16.0.23.37 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-6 Telegraphic delaying amendments. | SEC | An amendment altering the proposed date of the public offering may be made by the agent for service by telegram. In each case, such telegraphic amendment shall be confirmed within a reasonable time by the filing of three copies, one of which shall be signed by the agent for service. Such confirmation shall not be deemed an amendment. | |||||||
| 17:17:5.0.1.1.16.0.23.38 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-7 Effective date of amendment filed under section 8(a) of the Securities Act with the consent of the Commission. | SEC | An applicant desiring the Commission's consent to the filing of an amendment with the effect provided in section 8(a) of the Securities Act of 1933 may apply for such consent at or before the time of filing the amendment. The application shall be signed by the applicant or the agent for service and shall state fully the grounds upon which made. The Commission's consent shall be deemed to be given and the amendment shall be treated as a part of the application for qualification upon the sending of written or telegraphic notice to that effect. | |||||||
| 17:17:5.0.1.1.16.0.23.39 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-8 Effective date of amendment filed under section 8(a) of the Securities Act pursuant to order of Commission. | SEC | An amendment made prior to the effective date of the application of qualification shall be deemed to be made pursuant to an order of the Commission within the meaning of section 8(a) of the Securities Act of 1933 so as to be treated as part of the application for qualification only when the Commission shall, after the filing of such amendment, find that it has been filed pursuant to its order. | |||||||
| 17:17:5.0.1.1.16.0.23.40 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-9 Delaying amendments. | SEC | [30 FR 12387, Sept. 29, 1965] | (a) An amendment in the following form filed with an application for qualification, or as an amendment to such an application which has not become effective, shall be deemed to be filed on such date or dates as may be necessary to delay the effective date of such application for the period specified in such amendment: The obligor hereby amends this application for qualification on such date or dates as may be necessary to delay its effectiveness until (i) the 20th day after the filing of a further amendment which specifically states that it shall supersede this amendment, or (ii) such date as the Commission, acting pursuant to section 307(c) of the Act, may determine upon the written request of the obligor. The obligor hereby amends this application for qualification on such date or dates as may be necessary to delay its effectiveness until (i) the 20th day after the filing of a further amendment which specifically states that it shall supersede this amendment, or (ii) such date as the Commission, acting pursuant to section 307(c) of the Act, may determine upon the written request of the obligor. (b) An amendment pursuant to paragraph (a) of this section which is filed with an application for qualification shall be set forth on the facing page thereof. Any such amendment filed after the filing of the application may be made by letter or telegram and may be signed by the agent for service. Any amendment filed to supersede an amendment filed pursuant to paragraph (a) of this section may also be made by letter or telegram. Every such telegraphic amendment shall be confirmed in writing within a reasonable time by filing a signed copy of the amendment. Such confirmation shall not be deemed an amendment. | ||||||
| 17:17:5.0.1.1.16.0.25.41 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-15 Scope of §§ 260.7a-15 to 260.7a-37. | SEC | [56 FR 22320, May 15, 1991] | The rules contained in §§ 260.7a-15 to 260.7a-37 shall govern applications for exemption filed pursuant to section 304(c) or 304(d) of the Act, applications for qualification of indentures filed pursuant to section 307, statements of eligibility and qualifications of trustees filed pursuant to section 305, 307, or 310(a) of the Act, applications for the stay of the trustee's duty to resign filed pursuant to section 310(b) of the Act, and reports filed pursuant to section 314(a) of the Act. | ||||||
| 17:17:5.0.1.1.16.0.26.42 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-16 Inclusion of items, differentiation between items and answers, omission of instructions. | SEC | [6 FR 981, Feb. 15, 1941] | Except as expressly provided otherwise in the particular form, the application, statement, or report shall contain all of the items of the form as well as the answers thereto. The items shall be made to stand out from the answers by variation in margin or type or by other means. All instructions shall be omitted. | ||||||
| 17:17:5.0.1.1.16.0.26.43 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-17 Quality, color and size of paper. | SEC | [47 FR 58239, Dec. 30, 1982] | The application, statement or report, including all amendments and, where practicable, all papers and documents filed as a part thereof, shall be on good quality, unglazed, white paper, no larger than 8 1/2 × 11 inches in size. To the extent that the reduction of larger documents would render them illegible, such documents may be filed on paper larger than 8 1/2 × 11 inches in size. | ||||||
| 17:17:5.0.1.1.16.0.26.44 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-18 Legibility. | SEC | [5 FR 293, Jan. 25, 1940, as amended at 47 FR 58239, Dec. 30, 1982] | (a) The application, statement or report, including all amendments and, where practicable, all papers and documents filed as a part thereof, shall be clear, easily readable and shall be typewritten, mimeographed, printed or prepared by any similar process which, in the opinion of the Commission, produces copies suitable for repeated photocopying and microfilming. (b) If printed, the application, statement or report shall be in type not smaller than 10-point, roman type, at least two points leaded. (c) All printing, mimeographing, typing or other markings shall be in black ink, except that debits in credit categories and credits in debit categories may be set forth in red or black ink, but shall in all cases be designated in such manner as to be clearly distinguishable as such on photocopies. | ||||||
| 17:17:5.0.1.1.16.0.26.45 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-19 Margin for binding. | SEC | The application, statement or report, including all amendments and, where practicable, all papers and documents filed as a part thereof, shall have a back or stitching margin of at least 1 1/2 inches for binding. | |||||||
| 17:17:5.0.1.1.16.0.26.46 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-20 Riders; inserts. | SEC | Riders shall not be used. If the application, statement or report is typed on a printed form, and the space provided for the answer to any given item is insufficient, reference shall be made in such space to a full insert page or pages on which the item number and item shall be restated and a complete answer given. | |||||||
| 17:17:5.0.1.1.16.0.27.47 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-21 Clarity. | SEC | The answer to each item of the particular form shall be so worded as to be intelligible without the necessity of referring to the instructions or to this part. | |||||||
| 17:17:5.0.1.1.16.0.27.48 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-22 Information unknown or not reasonably available. | SEC | Information required shall be given insofar as it is known or can be obtained by reasonable investigation. Responsibility for the accuracy or completeness of information obtained from persons other than affiliates may be disclaimed. As to information which is unknown and is unavailable after reasonable investigation, there shall be included a statement as to the nature of the investigation. | |||||||
| 17:17:5.0.1.1.16.0.27.49 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-23 Statements required where item is inapplicable or where answer is “none”. | SEC | If any item is inapplicable or the answer is “none”, a statement to such effect shall be made. | |||||||
| 17:17:5.0.1.1.16.0.27.50 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-24 Words relating to periods of time in the past. | SEC | Unless the context clearly shows otherwise, wherever any fixed period of time in the past is indicated, such period shall be computed from the date of filing with the Commission. | |||||||
| 17:17:5.0.1.1.16.0.27.51 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-25 Words relating to the future. | SEC | Unless the context clearly shows otherwise, whenever words relate to the future, they have reference solely to present intention. | |||||||
| 17:17:5.0.1.1.16.0.27.52 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-26 Disclaimer of control. | SEC | If the existence of control is open to reasonable doubt in any instance, the applicant or the trustee, as the case may be, may disclaim the existence of control and any admission thereof; in such case, however, a statement shall be made of the material facts pertinent to the possible existence of control. | |||||||
| 17:17:5.0.1.1.16.0.27.53 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-27 Title of securities. | SEC | [5 FR 293, Jan. 25, 1940, as amended at 9 FR 750, Jan. 20, 1944] | Where the title of securities is required to be furnished in an application, statement or report, the following requirements shall be met: (a) In the case of shares, there shall be given the full designation of the class of shares and, if not included therein, the par or stated value, if any, and the rate of dividends, if fixed, and whether cumulative or non-cumulative. (b) In the case of funded debt, there shall be given the full designation of the issue and, if not included therein, the rate of interest and the date of maturity. If the issue matures serially, a brief indication shall be given of the serial maturities: For example, “maturing serially from 1950 to 1960”. If the payment of interest or principal is contingent, such contingency shall be appropriately indicated. The rate of interest, however, may be omitted from the title of indenture securities on the facing page of Form T-1 and Form T-2, if the rate of interest is not determined at the time these forms are filed. (c) In the case of other securities, a similar designation shall be given. | ||||||
| 17:17:5.0.1.1.16.0.28.54 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-28 Incorporation of matter in application, statement or report, other than exhibits, as answer to item. | SEC | Matter contained in any part of the application, statement or report, other than exhibits, may be incorporated by reference as answer, or partial answer, to any item in the same application, statement or report. | |||||||
| 17:17:5.0.1.1.16.0.28.55 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-29 Incorporation of exhibits as such. | SEC | [6 FR 667, Jan. 30, 1941, as amended at 29 FR 2421, Feb. 13, 1964; 60 FR 32825, June 23, 1995; 76 FR 71877, Nov. 21, 2011] | (a) Any exhibit or part thereof previously or concurrently filed with the Commission pursuant to any Act administered by the Commission, may, subject to the limitations of § 228.10(f) and § 229.10(d) of this chapter, be incorporated by reference as an exhibit to any application, statement or report filed with the Commission by the same or any other person. Any exhibit or part thereof so filed with a trustee pursuant to the Trust Indenture Act of 1939 may be incorporated by reference as an exhibit to any report filed with such trustee pursuant to section 314(a) of that Act by the same or any other person. (b) If any modification has occurred in the text of any exhibit incorporated by reference since the filing thereof, there shall be filed with the reference a statement containing the text of any such modification and the date thereof. (c) If the number of copies of any exhibit previously or concurrently filed is less than the number required to be filed with the application, statement or report which incorporates such exhibit, there shall be filed with the application, statement or report as many additional copies of the exhibit as may be necessary to meet the requirements of such application, statement or report. | ||||||
| 17:17:5.0.1.1.16.0.28.56 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-30 Identification of material incorporated; form of incorporation. | SEC | In each case of incorporation by reference, the matter incorporated shall be clearly identified in the reference. An express statement shall be made to the effect that the specified matter is incorporated in the application, statement or report at the particular place where the information is required. | |||||||
| 17:17:5.0.1.1.16.0.28.57 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-31 Incorporation by reference of contested material. | SEC | Notwithstanding any particular provision permitting incorporation by reference, no application, statement or report shall incorporate by reference any matter which is subject, at the time of filing the application, statement or report, to pending proceedings under section 8(b) or 8(d) of the Securities Act of 1933 (whether pursuant to the provisions of the Trust Indenture Act of 1939, or otherwise) or to an order entered under either of those sections. | |||||||
| 17:17:5.0.1.1.16.0.28.58 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-32 Incorporation by reference rendering document incomplete, unclear, or confusing. | SEC | Notwithstanding any particular provision permitting incorporation by reference, the Commission may refuse to permit such incorporation in any case in which in its judgment such incorporation would render the application, statement or report incomplete, unclear or confusing. | |||||||
| 17:17:5.0.1.1.16.0.29.59 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-33 Additional exhibits. | SEC | Any application, statement or report may include exhibits in addition to those required by the particular form. Such additional exhibits shall be so marked as to indicate clearly the items to which they refer. | |||||||
| 17:17:5.0.1.1.16.0.29.60 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-34 Omission of substantially identical documents. | SEC | In any case where two or more documents required to be filed as exhibits are substantially identical in all material respects except as to the parties thereto, dates of execution or other details, a copy of only one of such documents need be filed, with a schedule identifying the documents omitted and setting forth the material details in which such documents differ from the document, a copy of which is filed: Provided, however, That the Commission may at any time in its discretion require the filing of copies of any documents so omitted. | |||||||
| 17:17:5.0.1.1.16.0.30.61 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-35 Formal requirements as to amendments. | SEC | (a) Amendments to an application, statement or report shall comply with §§ 260.7a-17 to 260.7a-19. (b) All amendments relating to a particular application, statements or report shall be numbered consecutively in the order in which they are filed with the Commission. Amendments shall be numbered separately for each separate application, statement or report. (c) Every amendment to an item of an application, statement or report shall contain the item number, the caption and the text of the item being amended and the complete amended answer thereto. (d) If at any time the application, statement or report becomes unclear or confusing because of the number of amendments filed or the length or complexity thereof, there may be filed, and at the written request of the Commission there shall be filed, a complete new application, statement or report, as amended, but no additional copies of exhibits need be filed. | |||||||
| 17:17:5.0.1.1.16.0.30.62 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-36 Signatures to amendments. | SEC | [16 FR 8737, Aug. 29, 1951] | Subject to § 260.7a-2, at least the original of every amendment to an application, statement or report shall be signed in the manner prescribed by the particular form on which the application, statement or report was filed. | ||||||
| 17:17:5.0.1.1.16.0.31.63 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.7a-37 Inspection of applications, statements and reports. | SEC | [16 FR 8737, Aug. 29, 1951] | All applications, statements and reports are available for public inspection during business hours at the principal office of the Commission. | ||||||
| 17:17:5.0.1.1.16.0.32.64 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10a-1 Application for determining eligibility of a foreign person to act as sole trustee pursuant to section 310(a)(1) of the Act. | SEC | [56 FR 22320, May 15, 1991] | Form T-6 (17 CFR 269.9 of this chapter) shall be used for an application filed to obtain authorization for a corporation or other person organized and doing business under the laws of a foreign government to act as sole trustee under an indenture qualified or to be qualified under the Act. | ||||||
| 17:17:5.0.1.1.16.0.32.65 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10a-2 General requirements as to form and content of applications. | SEC | [56 FR 22320, May 15, 1991] | Rule 5a-2 (§ 260.5a-2 of this chapter) and rules 7a-15 through 7a-37 [§§ 260.7a-15 through 260.7a-37 of this chapter] under section 307 of the Act shall be applicable to applications on Form T-6 pursuant to section 310(a)(1) of the Act and Rule 10a-1 (§ 260.10a-1 of this chapter). | ||||||
| 17:17:5.0.1.1.16.0.32.66 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10a-3 Number of copies—Filing—Signatures. | SEC | [56 FR 22320, May 15, 1991] | (a) Three copies of every application pursuant to rule 10a-1 (§ 260.10a-1 of this chapter) and of every amendment thereto shall be filed with the Commission at its principal office. (b) One copy shall be manually signed by the applicant's duly authorized officer (or individual customarily performing similar functions with respect to any organization, whether incorporated or unincorporated). | ||||||
| 17:17:5.0.1.1.16.0.32.67 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10a-4 Consent of trustee to service of process. | SEC | [56 FR 30077, July 1, 1991] | At the time of filing an application pursuant to Rule 10a-1 (§ 260.10a-1 of this chapter) and at such time as it files a statement of eligibility to act as trustee under an indenture qualified under the Act, an indenture trustee organized and doing business under the laws of a foreign government shall furnish to the Commission on Form F-X (§ 249.250 of this chapter) a written consent of the trustee and power of attorney designating a U. S. person with an address in the United States as agent upon whom may be served any process, pleadings, subpoenas or other papers in any Commission investigation or administrative proceeding and any civil suit or action brought against the trustee or to which the trustee has been joined as defendant or respondent, in any appropriate court in any place subject to the jurisdiction of any state or of the United States, or of the District of Columbia or Puerto Rico, where the investigation, proceeding or cause of action arises out of or relates to or concerns the securities in relation to which the indenture trustee proposes to act as trustee pursuant to any rule or order under section 310(a) of the Act and stipulates and agrees that any such suit, action or proceeding may be commenced by the service of process upon said agent for service of process, and that such service shall be taken and held in all courts to be as valid and binding as if due personal service thereof had been made. | ||||||
| 17:17:5.0.1.1.16.0.32.68 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10a-5 Eligibility of Canadian Trustees. | SEC | [56 FR 30077, July 1, 1991, as amended at 57 FR 36501, Aug. 13, 1992; 58 FR 33191, June 16, 1993; 73 FR 983, Jan. 4, 2008] | (a) Subject to paragraph (b) of this section, any trust company, acting as trustee under an indenture qualified or to be qualified under the Act and filed in connection with offerings on a registration statement on Form S-1 (§ 239.11 of this chapter) F-7, F-8, F-9, F-10 or F-80 (§§ 239.37 through 239.41 of this chapter) that is incorporated and regulated as a trust company under the laws of Canada or any of its political subdivisions and that is subject to supervision or examination pursuant to the Trust Companies Act (Canada), R.S.C. 1985, or the Canada Deposit Insurance Corporation Act, R.S.C. 1985 shall not be subject to the requirement of domicile in the United States under section 310(a) of the Act (15 U.S.C. 77jjj(a)). (b) Each trustee eligible for appointment under this section (17 CFR 260.10a-5) shall file as part of the registration statement for the securities to which the trusteeship relates a consent to service of process and power of attorney on Form F-X (§ 269.5 of this chapter). | ||||||
| 17:17:5.0.1.1.16.0.32.69 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10b-1 Calculation of percentages. | SEC | The percentages of voting securities and other securities specified in section 310(b) of the Act shall be calculated in accordance with the following provisions: (a) A specified percentage of the voting securities of a person means such amount of the outstanding voting securities of such person as entitles the holder or holders thereof to cast such specified percentage of the aggregate votes which the holders of all the outstanding voting securities of such person are entitled to cast in the direction or management of the affairs of such person. (b) A specified percentage of a class of securities of a person means such percentage of the aggregate amount of securities of the class outstanding. (c) The term amount, when used in regard to securities, means the principal amount if relating to evidences of indebtedness, the number of shares if relating to capital shares, and the number of units if relating to any other kind of security. (d) The term outstanding means issued and not held by or for the account of the issuer. The following securities shall not be deemed outstanding within the meaning of this definition: (1) Securities of an issuer held in a sinking fund relating to securities of the issuer of the same class; (2) Securities of an issuer held in a sinking fund relating to another class of securities of the issuer, if the obligation evidenced by such other class of securities is not in default as to principal or interest or otherwise; (3) Securities pledged by the issuer thereof as security for an obligation of the issuer not in default as to principal or interest or otherwise; (4) Securities held in escrow is placed in escrow by the issuer otherwise; Provided, however, That any voting securities of an issuer shall be deemed outstanding if any person other than the issuer is entitled to exercise the voting rights thereof. (e) A security shall be deemed to be of the same class as another security if both securities confer upon the holder or holders thereof substantially the same rights and pri… | |||||||
| 17:17:5.0.1.1.16.0.32.70 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10b-2 Applications under section 310(b)(1)(ii). | SEC | [6 FR 808, Feb. 7, 1941] | If an application filed with the Commission pursuant to clause (ii) of section 310(b)(1) (53 Stat. 1157; 15 U.S.C. 77jjj) of the Act is based upon the claim that no material conflict of interest will be involved because prior to or concurrently with the delivery of the securities to be issued under the indenture to be qualified all securities outstanding under the other indenture or indentures, under which the person designated to act as indenture trustee is also a trustee, will be discharged or: (a) Funds sufficient to discharge the securities will be deposited in trust for that purpose. (b) The securities, if not presently maturing, will be called for redemption or irrevocable power to make the call will be given to some third person. (c) All liens securing the securities will be released or all steps necessary to effect the release at the maturity or redemption date will be taken. The application shall be deemed to have been granted unless, within 7 days after it is filed, the Commission orders a hearing thereon. | ||||||
| 17:17:5.0.1.1.16.0.32.71 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10b-3 Applications relative to affiliations between trustees and underwriters. | SEC | [6 FR 2376, May 13, 1941] | (a) Any person proposing to act as trustee under indentures to be qualified under the act may make application for a finding by the Commission as to whether such person is or is not an affiliate of any specified person who may be named as an underwriter for an obligor in any registration statement or application for qualification subsequently filed with the Commission. (b) Every application pursuant to this section shall be filed in triplicate and shall contain a statement of the material facts necessary to enable the Commission to make the finding request. The applicant may incorporate by reference in the application any information or documents contained in a statement of eligibility and qualification of the applicant filed with the Commission. The Commission may with the consent of the applicant or at the applicant's request, make a part of the record the record in any prior proceeding in which the same issues were involved. (c) A hearing will be held, after confirmed telegraphic notice to the applicant, upon every application filed pursuant to this section. (d) Every finding by the Commission pursuant to this section shall be limited to the facts disclosed in the application and in the hearing thereon, and shall be made solely for the purposes of sections 305(b) and 307(c) of the Act. | ||||||
| 17:17:5.0.1.1.16.0.32.72 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10b-4 Application for stay of trustee's duty to resign pursuant to section 310(b) of the Act. | SEC | [56 FR 22320, May 15, 1991] | (a) Three copies of every application for a stay of a trustee's duty to resign under section 310(b) of the Act and of every amendment thereto shall be filed with the Commission at its principal office. (b) One copy shall be manually signed by a duly authorized officer of the applicant (or individual customarily performing similar functions with respect to an organization, whether incorporated or unincorporated) or by a natural person seeking a stay under section 310(b) of the Act. (c) Such applications shall be on paper no larger than 8 1/2 × 11 inches in size. If reduction of large documents would render them illegible, such documents may be filed on paper larger than 8 1/2 × 11 inches in size. The left margin shall be at least 1 1/2 inches wide and if the application is bound, it shall be bound on the left side. (d) The application shall be typed, printed, copied, or prepared by a process which produces copies suitable for repeated photocopying and microfilming. All typewritten or printed matter shall be set forth in black ink to permit photocopying. If printed, the application shall be in type not smaller than 10-point, roman type, at least two points leaded. (e) Rules 7a-28 through 7a-32 [§§ 260.7a-28 through 260.7a-32 of this chapter] relating to incorporation by reference shall be applicable to applications for stay pursuant to section 310(b) of the Act. | ||||||
| 17:17:5.0.1.1.16.0.32.73 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10b-5 Content. | SEC | [56 FR 22321, May 15, 1991] | (a) Each application for a stay of a trustee's duty to resign under section 310(b) of the Act shall contain the name, address, and telephone number of each applicant and the name, address, and telephone number of any person to which such applicant wishes any questions regarding the application to be directed. (b) Each application shall contain a statement of the reasons why the applicant is deemed to be entitled to a stay of resignation with reference to the provisions of section 310(b) of the Act. The statement shall address the nature of the default, the reasonableness of the period before the default will be cured or waived, the procedures to be used to cure or obtain a waiver of the default, and the reasons why a stay will not be inconsistent with the interests of the holders of the indenture securities. | ||||||
| 17:17:5.0.1.1.16.0.32.74 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.10b-6 Notices—Exemptive Application Procedure. | SEC | [56 FR 22321, May 15, 1991] | (a) A proposed notice of the proceeding indicated by the filing of the application shall accompany each application for a stay of a trustee's duty to resign under section 310(b) as an exhibit thereto and if necessary shall be modified to reflect any amendments to such application. (b) Notice of the initiation of the proceeding will be published in the Federal Register and will indicate the earliest date upon which an order disposing of the matter may be entered. The notice will also provide that any interested person may, within the period specified therein, submit to the Commission in writing any facts bearing upon the desirability of a hearing on the matter, and may request that a hearing be held stating the person's reasons therefore and the nature of his or her interest in the matter. (c) An order disposing of the matter will be issued following the expiration of the period of time referred to in paragraph (b) of this section, unless the Commission thereafter orders a hearing on the matter. (d) The Commission will order a hearing on the matter, if it appears that a hearing is necessary or appropriate in the public interest or for the protection of investors: (1) Upon the request of any interested person, or (2) Upon its own motion. | ||||||
| 17:17:5.0.1.1.16.0.33.75 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.11b-4 Definition of “cash transaction” in section 311(b)(4). | SEC | The term “cash transaction”, as used in section 311(b)(4), means any transaction in which full payment for goods or securities sold is made within 7 days after delivery of the goods or securities in currency or in checks or other orders drawn upon banks or bankers and payable upon demand. | |||||||
| 17:17:5.0.1.1.16.0.33.76 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.11b-6 Definition of “self-liquidating paper” in section 311(b)(6). | SEC | The term self-liquidating paper, as used in section 311(b)(6) of the Act, means any draft, bill of exchange, acceptance or obligation which is made, drawn, negotiated or incurred by the obligor for the purpose of financing the purchase, processing, manufacture, shipment, storage or sale of goods, wares or merchandise and which is secured by documents evidencing title to, possession of or a lien upon the goods, wares or merchandise or the receivables or proceeds arising from the sale of the goods, wares or merchandise previously constituting the security: Provided, The security is received by the trustee simultaneously with the creation of the creditor relationship with the obligor arising from the making, drawing, negotiating or incurring of the draft, bill of exchange, acceptance or obligation. | |||||||
| 17:17:5.0.1.1.16.0.35.77 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.14a-1 Application of §§ 260.7a-15 to 260.7a-38. | SEC | Sections 260.7a-15 to 260.7a-38 shall be applicable to annual reports under section 314(a). | |||||||
| 17:17:5.0.1.1.16.0.35.78 | 17 | Commodity and Securities Exchanges | II | 260 | PART 260—GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939 | § 260.19a-1 Compliance with Section 314(a)(1) of the Trust Indenture Act for certain eligible indenture obligors. | SEC | [67 FR 13538, Mar. 22, 2002, as amended at 76 FR 71877, Nov. 21, 2011] | (a) This section is applicable only to an “eligible indenture obligor” as defined in paragraph (b) of this section. (b) For purposes of paragraph (c) of this section, an “eligible indenture obligor” is any obligor that: (1) Is required to file reports with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange of 1934 (15 U.S.C. §§ 78m or 78o(d)) (the “Exchange Act”); and (2) May rely on any of the provisions of Release No. 34-45589 (March 18, 2002) (which may be viewed on the Commission's website at www.sec.gov ) with regard to the filing of reports with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act (14 U.S.C. 78m or 78o(d)). (c) An “eligible indenture obligor” that files with the indenture trustee those Exchange Act reports filed with the Commission in accordance with the Release referred to in paragraph (b)(2) of this section has met its duty under Section 314(a)(1) of the Act (15 U.S.C. 77nnn(a)(1)) to file with the indenture trustee all reports required to be filed with the Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934. | ||||||
| 20:20:1.0.2.8.34.0.155.1 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.1 Initial decisions. | SSA | [47 FR 36809, Aug. 24, 1982, as amended at 55 FR 39146, Sept. 25, 1990; 56 FR 13040, Mar. 28, 1991; 67 FR 77153, Dec. 17, 2002] | (a) General. Claims for benefits shall be adjudicated and initial decisions made by the Board concerning: (1) Applications for benefits under the Railroad Retirement Act; (2) The withdrawal of an application; (3) A change in an annuity beginning date; (4) The termination of an annuity; (5) The modification of the amount of an annuity or lump-sum benefit; (6) The reinstatement of an annuity which had been terminated or modified; (7) The existence of an erroneous payment; (8) The recovery of the amount of an erroneous payment; (9) The eligibility of an individual for a supplemental annuity or the amount of such supplemental annuity; (10) Whether representative payment shall serve the best interests of an annuitant as a result of that individual's incapacity to manage his annuity payments; and (11) Who shall be designated or continued as representative payee on behalf of an annuitant. (b) Adjudication of claim and the issuance of initial decision. Adjudication of a claim and the issuance of an initial decision shall be in accordance with instructions issued by the Board and shall be made upon the basis of evidence submitted by the claimant and evidence otherwise available. (c) Recovery of erroneous payment. A decision to recover the amount of an erroneous payment under paragraph (a)(8) of this section by suspension or reduction of a monthly benefit payable by the Board shall not be made prior to a date 30 calendar days after the date on which notice of the erroneous payment decision is sent to the beneficiary or payee of the benefit as provided in § 260.1(d)(6). (d) Notice of initial decision. (1) In all cases except those described in paragraph (d)(2) through (4) and (6) of this section, written notice of an initial decision shall be mailed by the Board to the claimant, annuitant or payee of an annuity at the individual's last known address within 30 calendar days after such decision is made. Such notice shall inform the claimant, annuitant or payee of an annuity of the reason(s) for the decis… | |||||
| 20:20:1.0.2.8.34.0.155.10 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.10 Determination of date of filing. | SSA | [67 FR 77156, Dec. 17, 2002] | (a) General rule. Except as otherwise provided in paragraph (b) of this section, for purposes of this part, a document or form is filed on the day it is received by an office of the Board or by an employee of the Board who is authorized to receive it at a place other than one of the Board's offices. (b) Other dates of filing. The Board will also accept as the date of filing the date a document or form is mailed to the Board by the United States mail, if using the date the Board receives it would result in the loss or lessening of rights. The date shown by a U.S. postmark will be used as the date of mailing. If the postmark is unreadable, or there is no postmark, the Board will consider other evidence of when the document or form was mailed to the Board. | |||||
| 20:20:1.0.2.8.34.0.155.2 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.2 Initial decisions on the amount of service and compensation credited to an employee. | SSA | [67 FR 77153, Dec. 17, 2002] | Within 30 days after receipt of a timely request by an employee for amendment with respect to the number of service months and amount of compensation credited to the employee by the Board under the Railroad Retirement Act and the Railroad Unemployment Insurance Act, the Board shall appoint a qualified employee to make a determination with respect to such matter. The employee appointed by the Board shall promptly render a decision. Written notice of such decision shall be communicated to the employee within 30 days after such decision is made. Such decision shall include notification of the employee's right to reconsideration of the initial decision as provided in § 260.3. For purposes of this section, a timely request to amend an employee's record of service months and compensation maintained under the Railroad Retirement Act shall be filed within four years after the date on which the report of service months and compensation was required to be made to the Board by the employee's employer. See § 211.16 of this chapter. | |||||
| 20:20:1.0.2.8.34.0.155.3 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.3 Request for reconsideration of initial decision. | SSA | [47 FR 36809, Aug. 24, 1982, as amended at 48 FR 51448, Nov. 9, 1983; 55 FR 39146, Sept. 25, 1990; 67 FR 77153, Dec. 17, 2002] | (a) Right to file request for reconsideration. Every claimant shall have the right to file a request for reconsideration of an initial decision described in § 260.1(a) or in § 260.2. Provided, however, That: (1) An individual under age 18 shall not have the right to reconsideration of a finding of incapacity to manage his or her annuity payments, but shall have the right to contest the finding that he or she is, in fact, under age 18; (2) An individual who has been adjudged legally incompetent shall not have the right to reconsideration of a finding of incapacity to manage his or her annuity payments, but shall have the right to contest the fact of his or her having been adjudged legally incompetent; and (3) An individual shall not have the right to reconsideration of a denial of his or her application to serve as representative payee on behalf of an annuitant. Such request for reconsideration shall be filed and disposed of in the manner prescribed in this section, except that a request for reconsideration of an initial erroneous payment decision under § 260.1(a)(7) shall be filed and disposed of in the manner prescribed in § 260.4. (b) Written request for reconsideration. A written request for reconsideration may be filed with any office of the Board within 60 days from the date on which notice of the initial decision is mailed to the claimant. The claimant shall state the basis for the reconsideration request and provide any additional evidence which is available. No hearing will be provided. (c) Right to further review of initial decision. The right to further review of an initial decision shall be forfeited unless a written request for reconsideration is filed within the time period prescribed in this section or good cause is shown by the claimant for failing to file a timely request for reconsideration. (d) Timely request for reconsideration. In determining whether the claimant has good cause for failure to file a timely request for reconsideration the bureau director shall consider the circu… | |||||
| 20:20:1.0.2.8.34.0.155.4 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.4 Request for waiver of recovery of an overpayment and/or for reconsideration of an initial erroneous payment decision. | SSA | [47 FR 36809, Aug. 24, 1982, as amended at 55 FR 39146, Sept. 25, 1990; 67 FR 77153, Dec. 17, 2002] | (a) General. A beneficiary who has been determined to have received an erroneous payment under § 260.1(a)(7) shall have the right, upon the filing of a timely request in accordance with the requirements of this section, to request waiver of recovery of the erroneous payment and/or reconsideration of the erroneous payment decision. The beneficiary shall have the right to an informal oral hearing on the issue of waiver of recovery and/or reconsideration of the erroneous payment decision, before an employee of the Board designated to conduct such a hearing, prior to commencement of recovery by suspension or reduction of a monthly benefit. (b) Request for waiver of recovery and/or reconsideration of an erroneous payment decision and for a personal conference. A request for reconsideration of an erroneous payment decision must be filed in accordance with § 260.3(b) of this part. A request for waiver of recovery of an overpayment decision and for a personal conference under this section shall be in writing and addressed to the field office of the Board set forth in the initial decision letter or to the Debt Recovery Manager and shall be filed within 60 calendar days from the date on which notice of the overpayment decision was sent to the beneficiary. The beneficiary shall state in the request whether he or she elects to have a personal conference. If the beneficiary does not elect to have a personal conference with respect to his or her request for waiver of recovery or for reconsideration of the overpayment decision, he or she may, along with the request, submit any evidence and argument which he or she would like to present in support of his or her case. (c) Right to further review of an initial overpayment decision. The right to further review of an initial overpayment decision shall be forfeited unless a written request for reconsideration is filed within the time period prescribed in § 260.3(b) of this part (60 days) or good cause, as defined in section 260.3(d) of this part, is shown by the beneficiary f… | |||||
| 20:20:1.0.2.8.34.0.155.5 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.5 Appeal from a reconsideration decision. | SSA | [67 FR 77154, Dec. 17, 2002, as amended at 71 FR 55283, Sept. 22, 2006] | (a) General. Every claimant shall have a right to appeal to the Bureau of Hearings and Appeals from any reconsideration decision with which he or she disagrees. (b) Appeal from a reconsideration decision. Appeal from a reconsideration decision shall be made by filing the form prescribed by the Board for such purpose. Such appeal must be filed with the Bureau of Hearings and Appeals within 60 days from the date upon which notice of the reconsideration decision is mailed to the claimant. Any written request stating an intent to appeal which is received within the 60-day period will protect the claimant's right to appeal, provided that the claimant files the appeal form within the later of the 60-day period following the date of the reconsideration decision, or the 30-day period following the date of the letter sending the form to the claimant. (c) Right to review of a reconsideration decision. The right to review of a reconsideration decision shall be forfeited unless an appeal is filed in the manner and within the time prescribed in this section. However, when a claimant fails to file an appeal with the Bureau of Hearings and Appeals within the time prescribed in this section, the hearings officer may waive this requirement of timeliness. Such waiver shall only occur in cases where the claimant has made a showing of good cause for failure to file a timely appeal. Good cause for failure to file a timely appeal will be determined by a hearings officer in the manner prescribed in § 260.3(d) of this part. (d) Delay in the commencement of recovery of erroneous payment. Where a timely appeal seeking waiver of recovery of an erroneous payment has been filed with the Bureau of Hearings and Appeals, the Board shall not commence recovery of the erroneous payment by suspension or reduction of a monthly benefit payable by the Board until a decision with respect to such appeal seeking waiver has been made and notice thereof has been mailed to the claimant. (e) Impartial review. Within 30 days after the claimant h… | |||||
| 20:20:1.0.2.8.34.0.155.6 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.6 Time limits for issuing a hearing decision. | SSA | (a) General. The hearings officer shall make every effort to issue a decision within 45 days after the hearing is held. (b) Submission of additional evidence. If the hearings officer requests additional evidence, he or she shall do so within 30 days after the hearing is held and he or she shall make every effort to issue the hearing decision within 45 days after the additional evidence is received and the period for comment has ended. If the claimant wishes to submit additional evidence or written statements of fact or law, the hearings officer shall make every effort to issue the hearing decision within 45 days after the written statements are received or the additional evidence is received and the period for comment has ended. (c) Supplemental hearing. If on the basis of additional evidence the hearings officer decides a supplemental hearing is necessary, the supplemental hearing will be held within 30 days after the receipt of the additional evidence and the hearings officer shall make every effort to issue a decision within 30 days after the supplemental hearing is held. (d) Reassignment of case to another hearings officer. If, after a hearing has been held, it is necessary to reassign a case to another hearings officer due to the unavailability of the original hearings officer (e.g., resignation, retirement, illness), the case will be promptly reassigned. The new hearings officer shall make every effort to issue a hearing decision within 30 days after the reassignment. | ||||||
| 20:20:1.0.2.8.34.0.155.7 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.7 Time limits for issuing a decision when a hearing is not held. | SSA | If a claimant waives his or her right to appear at a hearing and the hearings officer does not schedule the case for hearing, or the evidence in the record supports a favorable decision without a hearing, or a hearing is not required pursuant to § 260.5(g), the hearings officer shall make every effort to issue a decision within 90 days from the date the appeal is filed: Provided, however, that if the hearings officer requests additional evidence it shall be requested within 45 days of the filing of the appeal and the hearings officer shall make every effort to issue a decision within 30 days after the additional evidence is received and the appellant comments on the evidence, or if no comment is received after the close of the comment period. | ||||||
| 20:20:1.0.2.8.34.0.155.8 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.8 Pre-hearing case review. | SSA | [47 FR 36809, Aug. 24, 1982, as amended at 67 FR 77155, Dec. 17, 2002] | (a) General. The hearings officer assigned to a case may, prior to an oral hearing, upon his or her own motion, refer the case back to the office of the Board which issued the initial decision for the purpose of reconsideration of that decision, where the hearings officer finds that: (1) Additional evidence pertinent to the resolution of the issues on appeal was submitted by the appellant at the time the appeal was filed, or subsequent thereto; or (2) Additional evidence pertinent to the resolution of the issues on appeal is available and should be procured; or (3) There is some other indication in the record that the initial decision may be revised in a manner favorable to the appellant. (b) Referral of case for further review by initial adjudicating unit. Where the hearings officer finds that referral of a case back to the office which issued the initial decision for the purpose of reconsideration of that decision would be warranted, the hearings officer shall give that office the reason for such referral, together with specific directions as to the handling of the case on reconsideration. (c) Reconsideration of case by initial adjudicating unit. The office to which a case is referred shall promptly undertake any additional development required, and shall make a determination as to whether the initial determination may be revised in whole or in part in a manner favorable to the appellant. Upon issuance of its determination, the office in question shall return the case along with a copy of its decision to the hearings officer. (d) Revision of initial decision in whole or in part. Where the office to which a case is referred determines to revise its initial decision in whole or in part, that office shall notify the appellant of such determination. If the revised determination is wholly favorable to the appellant, he or she shall be notified that the appeal to the Bureau of Hearings and Appeals will be dismissed by the hearings officer assigned to the case. If the revised decision is partially favora… | |||||
| 20:20:1.0.2.8.34.0.155.9 | 20 | Employees' Benefits | II | B | 260 | PART 260—REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD | § 260.9 Final appeal from a decision of the hearings officer. | SSA | [47 FR 36809, Aug. 24, 1982, as amended at 50 FR 19523, May 9, 1985; 52 FR 11017, Apr. 6, 1987; 67 FR 77155, Dec. 17, 2002; 68 FR 6820, Feb. 11, 2003] | (a) General. Every appellant shall have a right to a final appeal to the Railroad Retirement Board from any decision of a hearings officer by which he or she claims to be aggrieved. (b) Appeal from decision of hearings officer. Final appeal from a decision of a hearings officer shall be made by the execution and filing of the final appeal form prescribed by the Board. Such appeal must be filed with the Board within 60 days from the date upon which notice of the decision of the hearings officer is mailed to the appellant at the last address furnished by him or her. Any written request stating an intent to appeal which is received within the 60-day period will protect the claimant's right to appeal, Provided that the claimant files the appeal form within the later of the 60-day period following the date of the hearing officer's decision, or the 30-day period following the date of the letter sending the form to the claimant. (c) Timely filing. The right to further review of a decision of a hearings officer shall be forfeited unless formal final appeal is filed in the manner and within the time prescribed in § 260.9(b). However, when a claimant fails to file an appeal before the Board within the time prescribed in this section, the Board may waive this requirement if, along with the final appeal form, the appellant in writing requests an extension of time. The request for an extension of time must give the reasons why the final appeal form was not filed within the time limit prescribed in this section. If in the judgment of the Board the reasons given establish that the appellant had good cause for not filing the final appeal form within the time prescribed, the Board will consider the appeal to have been filed in a timely manner. The Board will use the standards found in § 260.3(d) of this chapter in determining if good cause exists. (d) Delay in the commencement of recovery of erroneous payment. Where a timely appeal seeking waiver of recovery of an erroneous payment has been filed with the three-membe… | |||||
| 40:40:28.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | A | Subpart A—General | § 260.1 Purpose, scope, and applicability. | EPA | [45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986] | (a) This part provides definitions of terms, general standards, and overview information applicable to parts 260 through 265 and 268 of this chapter. (b) In this part: (1) Section 260.2 sets forth the rules that EPA will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to EPA under parts 260 through 265 and 268 of this chapter. (2) Section 260.3 establishes rules of grammatical construction for parts 260 through 265 and 268 of this chapter. (3) Section 260.10 defines terms which are used in parts 260 through 265 and 268 of this chapter. (4) Section 260.20 establishes procedures for petitioning EPA to amend, modify, or revoke any provision of parts 260 through 265 and 268 of this chapter and establishes procedures governing EPA's action on such petitions. (5) Section 260.21 establishes procedures for petitioning EPA to approve testing methods as equivalent to those prescribed in parts 261, 264, or 265 of this chapter. (6) Section 260.22 establishes procedures for petitioning EPA to amend subpart D of part 261 to exclude a waste from a particular facility. |
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