260.7a — Rules Under Section 307 Applications for Qualification of Indentures
Rules Under Section 307 — Applications for Qualification of Indentures
260.7a-1 — Form for application.
Form T-3 shall be used for applications for qualification of indentures pursuant to section 307(a).
260.7a-2 — Powers of agent for service named in application.
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. 77l), 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.
260.7a-3 — Number of copies; filing; signatures; binding.
(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.
[16 FR 8737, Aug. 29, 1951]
260.7a-4 — Calculation of time.
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.
[12 FR 2941, May 2, 1947]
260.7a-5 — Filing of amendments; number of copies.
Except as provided in § 260.7a-6, three copies of every amendment to an application shall be filed with the Commission.
[16 FR 8737, Aug. 29, 1951]
260.7a-6 — Telegraphic delaying amendments.
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.
260.7a-7 — Effective date of amendment filed under section 8(a) of the Securities Act with the consent of the Commission.
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.
260.7a-8 — Effective date of amendment filed under section 8(a) of the Securities Act pursuant to order of Commission.
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.
260.7a-9 — Delaying amendments.
(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.
(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.
[30 FR 12387, Sept. 29, 1965]
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