§ 77ggg. — Qualification of indentures covering securities not required to be registered.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC77ggg]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2A--SECURITIES AND TRUST INDENTURES
SUBCHAPTER III--TRUST INDENTURES
Sec. 77ggg. Qualification of indentures covering securities not
required to be registered
(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may be withdrawn by the applicant at any time prior to the effective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.].
(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.
Section Referred to in Other Sections
This section is referred to in sections 77ccc, 77eee, 77fff, 77iii,
77jjj, 77vvv of this title.
