con

subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, tracts, agreements, or other records in the course of any examination or investigation instituted by the Commission pursuant to section 16(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)), section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)), section 8(e) of the Securities Act of 1933 (15 U.S.C. 77h(c)).

(h) In nonpublic investigatory proceedings within the responsibility of the Director, to grant requests of persons to procure copies of the transcript of their testimony given pursuant to Rule 6 of the Commission's Rules Relating to Investigations as in effect subsequent to November 16, 1972 (§ 203.6 of this chapter).

(i) Notwithstanding anything in the foregoing:

(1) Matters arising under the Investment Company Act of 1940 (15 U.S.C. 80a-1, et seq.), the Securities Act of 1933 (15 U.S.C. 77a, et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a, et seq.) and the Trust Indenture Act of 1939 (15 U.S.C. 77aaa, et seq.) pertaining to investment companies registered under the Investment Company Act of 1940 are not within the scope of the functions delegated to the Director of the Division of Corporation Finance, except those arising under section 30(f) of the Investment Company Act of 1940 (15 U.S.C. 80a29(f));

(2) The Director of the Division of Corporation Finance shall have the same authority with respect to the Securities Act of 1933 (15 U.S.C. 77a, et seq.), Regulation A (§ 230.251, et seq. of this chapter), as that delegated to each Regional Administrator in paragraphs (a), (b) and (d) of Article 30-6 of the Commission's Statement of Organization, Conduct and Ethics, and Information and Requests (§ 200.30-6 of this chapter);

(3) In any case in which the Director of the Division of Corporation Finance believes it appropriate, he may submit the matter to the Commission.

(15 U.S.C. 78d-1, 78d-2; secs. 6, 7, 8, 10, 19(a), 48 Stat. 78, 79, 81, 85; secs. 205, 209, 48 Stat. 906, 908; sec. 301, 54 Stat. 857; sec. 8, 68

Stat. 685; sec. 308(a)(2), 90 Stat. 57; secs. 3(b), 12, 13, 14, 15(d), 23(a), 48 Stat. 882, 892, 894, 895, 901; secs. 203(a), 1, 3, 8, 49 Stat. 704, 1375, 1377, 1379; sec. 202, 68 Stat. 686; secs. 4, 5, 6(d), 78 Stat. 569, 570-574; secs. 1, 2, 3, 82 Stat. 454, 455; secs. 28(c), 1, 2, 3, 4, 5, 84 Stat. 1435, 1497; sec. 105(b), 88 Stat. 1503; secs. 8, 9, 10, 89 Stat. 117, 118, 119; sec. 308(b), 90 Stat 57; sec. 18, 89 Stat. 155; secs. 202, 203, 204, 91 Stat. 1494, 1498-1500; sec. 20(a), 49 Stat. 833; sec. 319, 53 Stat. 1173; sec. 38, 54 Stat. 841; 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 78c(b), 781, 78m, 78n, 780(d), 78w(a), 79t(a), 77sss(a), 80a-37; Pub. L. 87592, 76 Stat. 394, 15 U.S.C. 78d-1, 78d-2)

[41 FR 29375, July 16, 1976; 41 FR 40461. Sept. 20, 1976, as amended at 42 FR 5040, Jan. 27, 1977; 42 FR 62128, Dec. 9, 1977; 43 FR 4254, Feb. 1, 1978; 43 FR 13377, Mar. 30, 1978; 45 FR 76976, Nov. 21, 1980; 46 FR 10905, Feb. 5, 1981; 46 FR 13507, Feb. 23, 1981; 47 FR 11401, Mar. 16, 1982; 49 FR 45848, Nov. 21, 1984]

§ 200.30-3 Delegation of authority to Di rector of Division of Market Regulation.

Pursuant to the provisions of Pub. L. 87-592, 76 Stat. 394, 15 U.S.C. 78d-1, 78d-2), the Securities and Exchange Commission hereby delegates, until the Commission orders otherwise, the following functions to the Director of the Division of Market Regulation to be performed by him or under his direction by such person or persons as may be designated from time to time by the Chairman of the Commission:

(a) With respect to the Securities Exchange Act of 1934 (15 U.S.C. 78a, et seq.):

(1) To approve the withdrawal or striking from listing and registration of securities registered on any national securities exchange pursuant to section 12(d) of the Act (15 U.S.C. 787(d)) and Rules 12d2-1 and 12d2-2 thereunder (§§ 240.12d2-1 and 240.12d2-2 of this chapter);

(2) To extend unlisted trading privileges and to deny applications for unlisted trading privileges by national securities exchanges pursuant to section 12(f)(2) of the Act, 15 U.S.C. 78/(f)(2), and Rule 12f-1 thereunder, 17 CFR 240.12f-1, provided that any applicant exchange denied unlisted trading privileges is advised of its right to have such denial reviewed by the Commission.

(3) Pursuant to section 15(b) of the Act (15 U.S.C. 780(b)):

(i) To authorize the issuance of orders granting registration of brokers or dealers within forty-five days of the filing of an application for registration as a broker or dealer (or within such longer period as to which the applicant consents);

(ii) To authorize the issuance of orders canceling registrations of brokers or dealers, or pending applications for registration, if such brokers or dealers or applicants for registration are no longer in existence or have ceased to do business as brokers or dealers;

(4) Pursuant to Rule 19h-1 (§ 240.19h-1 of this chapter):

(i) To grant applications with reIspect to membership in, association with a member of, or participation in, a self-regulatory organization and for other relief as to persons who are subject to an applicable disqualification where such relationships or other relief have been approved or recommended by a self-regulatory organization;

(ii) To extend the time for Commission consideration of notices for admission to membership or participation in a self-regulatory organization or association with a member of persons subject to a statutory disqualification pursuant to paragraph (a)(7) of that rule.

(5) Pursuant to Rule 17a-5(1)(3) (§ 240.17a-5(1)(3) of this chapter), to consider applications, by brokers and dealers for exemptions from, and extension of time within which to file, reports required by Rule 17a-5 (§ 240.17a-5 of this chapter), and to grant, and to authorize the issuance of orders denying, such applications provided such applicant is advised of his right to have such denial reviewed by the Commission.

(6) Pursuant to Rule 10b-6(f) (§ 240.10b-6(f) of this chapter), to grant requests for exemptions from * Rule 10b-6 (§ 240.10b-6 of this chapter).

(7) Pursuant to Rule 15c3-1 (§ 240.15c3-1 of this chapter):

(i) To approve lesser equity requirements in specialist or market maker accounts pursuant to Rule 15c3

1(a)(6)(iii)(E) (§ 240.15c3-1(a)(6)(iii)(E) of this chapter);

(ii) To grant exemptions from Rule 15c3-1 (§ 240.15c3-1 of this chapter) pursuant to Rule 15c3-1(b)(3) (§ 240.15c3-1(b)(3) of this chapter);

(iii) To grant temporary exemptions upon specified terms and conditions from the debt equity requirements of Rule 15c3-1(d)(§ 240.15c3-1(d) of this chapter);

(iv) To approve a change in election of the alternative capital requirement pursuant to Rule 15c3-1(f)(1) (i) and (ii) (§ 240.15c3-1(f)(1) (i) and (ii) of this chapter).

(8) Pursuant to Rule 17a-10(d) (§ 240.17a-10(d) of this chapter), to consider applications by broker-dealers for extensions of time in which to file reports required by Rule 17a10(§ 240.17a-10 of this chapter), and to grant, and to authorize the issuance of orders denying, such applications provided such applicant is advised of his right to have such denial reviewed by the Commission. Any extension granted shall not be for more than 150 days after the close of the calendar year for which the report on Form X-17A-10 (§ 249.618 of this chapter) is made.

(9) Pursuant to Rule 10b-17(b)(2) (§ 240.10b-17(b)(2) of this chapter), to review applications of various issuers for exemption from the notice requirements of Rule 10b-17 (§ 240.10b-17 of this chapter) and to grant or deny such applications, with authority to issue orders granting and denying same, provided each applicant is advised of his right to have a denial reviewed by the Commission.

(10) Pursuant to Rule 15c3-3 (§ 240.15c3-3 of this chapter) to find and designate as control locations for purposes of Rule 15c3-3(c)(7) (§ 240.15c3-3(c)(7) of this chapter) certain broker-dealer accounts which are adequate for the protection of customer securities.

53-047 0-85--15

thorize the issuance of orders granting registration of municipal securities dealers within forty-five days of the filing of an application for registration as a municipal securities dealer (or within such longer period as to which the applicant consents).

(14) Pursuant to section 17A(c)(2) of the Act (15 U.S.C. 78q-1(c)(2)), to authorize the issuance of orders accelerating registration of transfer agents for which the Commission is the appropriate regulatory agency before the expiration of thirty days following the dates on which applications for registration as a transfer agent are filed.

(15) Pursuant to Rule 10a-1(f) [§ 240.10a-1(f)] to grant requests for exemptions from Rule 10a-1;

(16) Pursuant to sections 17A(b)(1), 17A(b)(2) and 19(a) of the Act (15 U.S.C. 78q-1(b)(1), 78q-1(b)(2) and 78s(a)), to publish notice of the filing of applications for registration and for exemption from registration as a clearing agency.

(17) Pursuant to Rule (§ 240.17f-2 of this chapter).

17f-2

(i) To disapprove a “Notice Pursuant to Rule 17f-2" pursuant to Rule 17f2(e) (§ 240.17f-2(e) of this chapter).

(ii) To grant exemptions upon specified terms, conditions and periods, for classes of persons subject to Rule 17f2 pursuant to Rule 17f-2(g) (§ 240.17f2(g) of this chapter).

(iii) To approve amendments to plan of a registered national securities exchange or a national securities association submitted pursuant to Rule 17f2(c) (§ 240.17f-2(c) of this chapter).

(18) Pursuant to Rule 17d-1 (§ 240.17d-1 of this chapter) to designate one self-regulatory organization responsible for the examination of brokers and dealers which are members of more than one such organization to insure compliance with applicable financial responsibility rules.

(19)(i) To grant and deny applications for confidential treatment filed pursuant to section 24(b) of the Act (15 U.S.C. 78x(b)) and Rule 24b-2 thereunder (240.24b-2 of this chapter);

(ii) To revoke a grant of confidential treatment for any such application.

(20) Pursuant to sections 8(c) and 15(c)(2) of the Act (15 U.S.C. 78h(c) and 780(2)) and paragraphs (g) of

Rules 8c-1 and 15c2-1 thereunder, to make findings that the agreements, safeguards, and provisions of registered clearing agencies are adequate for the protection of investors.

(21) Pursuant to section 17A(c)(3)(C) of the Act (15 U.S.C. 78q-1(c)(3)(C)), to set terms and conditions upon which transfer agents registered with the Commission may withdraw from registration as a transfer agent by filing a written notice of withdrawal.

(22) Pursuant to section 17A(c)(3)(C) of the Act (15 U.S.C. 78q-1(c)(3)(C)), to authorize the issuance of orders cancelling registrations of transfer agents registered with the Commission or denying applications for registration as a transfer agent with the Commission, if such transfer agents are no longer in existence or have ceased to do business as transfer agents.

(23) Pursuant to section 17(b) of the Act (15 U.S.C. 78q(b)), prior to any examination of a registered clearing agency, registered transfer agent, or registered municipal securities dealer whose appropriate regulatory agency is not the Commission, to notify and consult with the appropriate regulatory agency for such clearing agency, transfer agent, or municipal securities dealer.

(24) Pursuant to section 17(c)(3) of the Act, 15 U.S.C. 78q(c)(3), in regard to clearing agencies, transfer agents and municipal securities dealers for which the Commission is not the appropriate regulatory agency, (i) to notify the appropriate regulatory agency of any examination conducted by the Commission of any such clearing agency, transfer agent, or municipal securities dealer; (ii) to request from the appropriate regulatory agency a copy of the report of any examination of any such clearing agency, transfer agent, or municipal securities dealer conducted by such appropriate regulatory agency and any data supplied to it in connection with such examination; and (iii) to furnish to the appropriate regulatory agency on request a copy of the report of any examination of any such clearing agency, transfer agent, or municipal securities dealer conducted by the Commission and any data supplied to

c in connection with such examina

ion. (25) 17f-1 § 240.17f-1 of this chapter), to desigate persons not subject to § 240.17f-1 s reporting institutions upon specied terms, conditions, and time perids.

Pursuant to Rule

(26) [Reserved]

(27) To approve amendments to the int industry plan governing the conolidated transaction reporting system eclared effective by the Commission n May 10, 1974, pursuant to then ule 17a-15, now § 240.11Aa3-1 (Rule 1Aa3-1 under the Act).

(28) To grant exemptions from Rule 1Ac1-1 ("Rule") (§ 240.11Ac1-1), purant to paragraph (d) of the rule. (29) To issue supplemental orders odifying the terms upon which selfegulatory organizations are authored to act jointly in planning, develping, operating or regulating facilies of a national market system in acordance with the terms of amendents to plans which plans have been reviously approved by the Commison under section 11A(a)(3)(B) of the ecurities Exchange Act of 1934.

(30) Pursuant to section 17(a) of the ct, 15 U.S.C. 78q, to approve amendents to the plans which are consistnt with the reporting structure of ules 17a-5(a)(4) and 17a-10(b) filed y self-regulatory organizations pursunt to Rules 17a-5(a)(4) and 17a-10(b). (31) Pursuant to section 19(b)(2) of ne Act, 15 U.S.C. 78s(b)(2), to extend or a period not exceeding 90 days om the date of publication of notice f the filing of a proposed rule change ursuant to section 19(b)(1) of the ct, 15 U.S.C. 78s(b)(1), the period uring which the Commission must by rder approve the proposed rule hange or institute proceedings to deermine whether the proposed rule hange should be disapproved.

(32) Pursuant to paragraph (e) of tule 10b-10 (240.10b-10(e) of this hapter), to grant exemptions from Rule 10b-10.

17d-2

(34) Pursuant to Rule (§ 240.17d-2 of this chapter) to publish notice of plans and plan amendments filed pursuant to Rule 17d-2 and to approve such plans and plan amendments.

(35) To grant exemptions from Rule 13e-4 (§ 240.13e-4 of this chapter) pursuant to Rule 13e-4(g)(5) (§ 240.13e4(g)(5) of this chapter).

(36) To grant exemptions from Rule 11Ac1-2 (§ 240.11Ac1-2 of this chapter), pursuant to Rule 11Ac1-2(g) (§ 240.11Ac1-2(g) of this chapter).

(37) Pursuant to Rule 11Aa2-1, 17 CFR 240.11Aa2-1, to publish notice of the filing of a designation plan with respect to national market system securities, or any proposed amendment thereto, and to approve such plan or amendment.

(38) Pursuant to Rule 0-4 (§ 240.0-4 of this chapter), to disclose to the Comptroller of the Currency, the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation and to the state banking authorities, information and documents deemed confidential regarding registered clearing agencies and registered transfer agents; Provided That, in matters in which the Commission has entered a formal order of investigation, such disclosure shall be made only with the concurrence of the Director of the Division of Enforcement or his or her delegate, and the General Counsel or his or her delegate.

(39) Pursuant to Rule 9b-1, (i) To enable distribution of an options disclosure document or amendment to an options disclosure document to the public prior to the time required in the Rule or to lengthen the period before distribution can be made;

(ii) To require refiling of an amendment to an options disclosure document pursuant to the procedure set forth in (b)(2)(a) of the rule. (40) Pursuant to section 15B(b)(2)(B) of the Act, 15 U.S.C., 780-4(b), to review and, where appropriate, approve the selection by the Municipal Securities Rulemaking Board ("Board") of public representatives to serve on the Board.

(41) Pursuant to Rule 6a-2(c) (§ 240.6a-2 of this chapter) to exempt

registered national securities exchanges from the filing requirements imposed by Rule 6a-2 with respect to certain affiliates and subsidiaries of the exchange.

(42) To grant or deny exemptions from Rule 11Aa2-1 (§ 240.11Aa2-1 of this chapter), pursuant to Rule 11Aa21(f) (§ 240.11Aa2-1(f) of this chapter).

(43) To grant or deny exemptions from Rule 17Ad-14 (§ 240.17Ad-14 of this chapter), pursuant to Rule 17Ad14(d) (§ 240.17Ad-14(d) of this chapter). (Pub. L. 87-592, 76 Stat. 394, 15 U.S.C 78d-1, 78d-2).

(44) To review, publish notice of, and where appropriate, approve plans, and amendments to plans, submitted by self-regulatory organizations pursuant to Rule 19d-1(c) under the Act (§ 240.19d-1(c)).

(b) To designate officers empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)).

(c) In nonpublic investigatory proceedings within the responsibility of the Director or Deputy Director, to grant requests of persons to procure copies of the transcript of their testimony given pursuant to Rule 6 of the Commission's rules relating to investigations as in effect subsequent to November 16, 1972 (17 CFR 203.6).

(d) To notify the Securities Investor Protection Corporation (“SIPC") of facts concerning the activities and the operational and financial condition of any registered broker or dealer which is or appears to be a member of SIPC and which is in or approaching financial difficulty within the meaning of section 5 of the Securities Investor Protection Act of 1970, as amended, 15 U.S.C. 78aaa, et seq.

(e) Notwithstanding anything in the foregoing, in any case in which the Director of the Division of Market Regulation believes it appropriate, he may submit the matter to the Commission.

(15 U.S.C. 79d, d-1, 80a-37, sec. 4, 48 Stat. 885; sec. 1106(a), 63 Stat. 972; 15 U.S.C. 78d);

(Pub. L. 87-592, 76 Stat. 394; 15 U.S.C. 78a et seq.; secs. 2, 16, 18, 25, Pub. L. 94-29, 89 Stat. 97, 146, 155, 163 (15 U.S.C. 78b, 78s, 78w, 78d-1); sec. 5, Pub. L. 91-598, 84 Stat. 1644 (15 U.S.C. 78eee); sec. 31, Pub. L. 94-29, 89 Stat. 137 (15 U.S.C. 78q; Pub. L. 87-592, 76 Stat. 394 (15 U.S.C. 78d-1, 78d-2); 15 U.S.C. 77a et seq.; secs. 2, 6, 11A and 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78b, 78f, 78k-1 and 78w); Delegation of Func tions Act, 15 U.S.C. 78d-1; secs. 2, 12 and 23 (15 U.S.C. 78b, 78e, and 78n; Delegation of Functions Act, 15 U.S.C. 78d-1; secs. 2, 19 and 23 (15 U.S.C. 78b, 78s and 78w); Delega tion of Functions Act, 15 U.S.C. 78d-1) [37 FR 16795, Aug. 19, 1972]

EDITORIAL NOTE: For FEDERAL REGISTER Cİtations affecting § 200.30-3 see the List of CFR Sections Affected in the Finding Aids section of this volume.

$ 200.30-4 Delegation of authority to Director of Division of Enforcement. Pursuant to the provisions of Pub. L No. 87-592, 76 Stat. 394 (15 U.S.C. 78d1, 78d-2), the Securities and Exchange Commission hereby delegates, until the Commission orders otherwise, the following functions to the Director of the Division of Enforcement to be performed by him or under his direction by such other person or persons as may be designated from time to time by the Chairman of the Commission.

(a)(1) To designate officers empow ered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)), section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)), section 18(c) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79r(c)), section 42(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-41(b)) and section 209(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(b)).

(2) In nonpublic investigatory proceedings, within the responsibility of the Director, to grant requests of persons to procure copies of the transcript of their testimony given pursuant to Rule 6 of the Commission's Rules Relating to Investigations as in