US Code Title 15 Section 77

CITE

    15 USC Sec. 77ggg                                           01/08/2008

EXPCITE

    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2A - SECURITIES AND TRUST INDENTURES
    SUBCHAPTER III - TRUST INDENTURES

HEAD

    Sec. 77ggg. Qualification of indentures covering securities not
      required to be registered

STATUTE

    (a) Application; information required; availability of information
      to public
      In the case of any security which is not required to be
    registered under the Securities Act of 1933 [15 U.S.C. 77a et seq.]
    and to which subsection (a) of section 77fff of this title is
    applicable notwithstanding the provisions of section 77ddd of this
    title, an application for qualification of the indenture under
    which such security has been or is to be issued shall be filed with
    the Commission by the issuer of such security. Each such
    application shall be in such form, and shall be signed in such
    manner, as the Commission may by rules and regulations prescribe as
    necessary or appropriate in the public interest or for the
    protection of investors. Each such application shall include the
    information and documents required by subsection (a) of section
    77eee of this title. The information and documents required by
    paragraph (1) of such subsection with respect to the person
    designated to act as indenture trustee shall be contained in a
    separate part of such application, which part shall be signed by
    such person. Each such application shall also include such of the
    other information and documents which would be required to be filed
    in order to register such indenture security under the Securities
    Act of 1933 as the Commission may by rules and regulations
    prescribe as necessary or appropriate in the public interest or for
    the protection of investors. An application may be withdrawn by the
    applicant at any time prior to the effective date thereof. Subject
    to the provisions of section 77uuu of this title, the information
    and documents contained in or filed with any application shall be
    made available to the public under such regulations as the
    Commission may prescribe, and copies thereof, photostatic or
    otherwise, shall be furnished to every applicant therefor at such
    reasonable charge as the Commission may prescribe.
    (b) Filing of application
      The filing with the Commission of an application, or of an
    amendment to an application, shall be deemed to have taken place
    upon the receipt thereof by the Commission.
    (c) Applicability of other statutory provisions
      The provisions of section 77h of this title and the provisions of
    subsection (b) of section 77eee of this title shall apply with
    respect to every such application, as though such application were
    a registration statement filed pursuant to the provisions of the
    Securities Act of 1933 [15 U.S.C. 77a et seq.].

SOURCE

    (May 27, 1933, ch. 38, title III, Sec. 307, as added Aug. 3, 1939,
    ch. 411, 53 Stat. 1156; amended Pub. L. 107-123, Sec. 7, Jan. 16,
    2002, 115 Stat. 2397.)

REFERENCES IN TEXT

      The Securities Act of 1933, referred to in subsecs. (a) and (c),
    is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended,
    which is classified generally to subchapter I (Sec. 77a et seq.) of
    this chapter. For complete classification of this Act to the Code,
    see section 77a of this title and Tables.

AMENDMENTS

      2002 - Subsec. (b). Pub. L. 107-123 substituted "Commission" for
    "Commission, but, in the case of an application, only if it is
    accompanied or preceded by payment to the Commission of a filing
    fee in the amount of $100, such payment to be made in cash or by
    United States postal money order or certified or bank check, or in
    such other medium of payment as the Commission may authorize by
    rule and regulation".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-123 effective Oct. 1, 2001, see section
    11 of Pub. L. 107-123, set out as a note under section 78ee of this
    title.

TRANSFER OF FUNCTIONS

      For transfer of functions of Securities and Exchange Commission,
    with certain exceptions, to Chairman of such Commission, see Reorg.
    Plan No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
    64 Stat. 1265, set out under section 78d of this title.