§ 260.10b-2 Applications under section 310(b)(1)(ii).

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.

[6 FR 808, Feb. 7, 1941]

§ 260.10b-3 Applications relative to affiliations between trustees and underwriters.

(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.

[6 FR 2376, May 13, 1941]

RULES UNDER SECTION 311

§ 260.11b-4 Definition of "cash transaction" in section 311(b)(4).

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.

§ 260.11b-6 Definition of “self-liquidating paper" in section 311(b)(6).

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.

SOURCE: 33 FR 19002, Dec. 20, 1968, unless otherwise noted.

§ 269.0-1 Incorporation by reference.

(a) The forms prescribed for use under the Trust Indenture Act of 1939, which are identified and described in this part, are hereby incorporated by reference pursuant to 5 U.S.C. 552(a)(1) and 1 CFR Part 20.

(b) Copies of the forms prescribed in this part may be obtained on request addressed to Securities and Exchange Commission, Washington, D.C. 20549. The forms may also be inspected at that address, and at the Commission's regional and branch offices whose addresses appear in § 200.11 of this chapter.

(c) Revisions or amendments of the forms may be issued from time to time by the Securities and Exchange Commission. An historic file of such amendments or revisions is maintained and made available for inspection at the Securities and Exchange Commission, Washington, D.C. 20549.

§ 269.1 Form T-1, for statement of eligibility and qualification for corporate trustees.

This form shall be filed pursuant to Rule 5a-1(a) (§ 260.5a-1(a) of this chapter) for statements of eligibility and qualification of corporations designated to act as trustees under thrust indentures to be qualified pursuant to section 305 or 307 of the Trust Indenture Act of 1939.

§ 269.2 Form T-2, for statement of eligibility and qualification for individual

trustees.

This form shall be filed pursuant to Rule 5a-1(b) (§ 260.5a-1(b) of this chapter) 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 Trust Indenture Act of 1939. Under sections 307, 308, 309, 310 and 319 of the Trust Indenture Act of 1939 (17 CFR 260), the Commission is authorized to solicit the information required to be supplied by this form for statements of eligibility and qualification of individuals designated to act as trustees. Disclosure of

the information specified in this form is mandatory prior to processing statements of eligibility and qualification, except for social security account numbers, disclosure of which is voluntary. The information will be used for the primary purpose of determining relationships of trustees and whether there are any conflicting interests. This statement will be made a matter of public record. Therefore, any information given will be available for inspection by any member of the public. Because of the public nature of the information, the Commission can utilize it for a variety of purposes, including referral to other governmental authorities or securities self-regulatory organizations for investigatory purposes or in connection with litigation involving the Federal securities laws or other civil, criminal or regulatory statutes or provisions. Social security account numbers, if furnished, will assist the Commission in identifying persons desiring to qualify as trustees and, therefore, in promptly processing filings. Failure to disclose the information requested by this form, except for social security account numbers, may result in enforcement action by the Commission to compel compliance with the Federal securities laws.

[40 FR 55320, Nov. 28, 1975]

§ 269.3 Form T-3, for application for qualification of trust indentures.

This form shall be filed pursuant to Rule 7a-1 (§ 260.7a-1 of this chapter) for applications for qualification of indentures pursuant to section 307(a) of the Trust Indenture Act of 1939, but only when securities to be issued thereunder are not required to be registered under the Securities Act of 1933 (15 U.S.C. 77a et seq.).

§ 269.4 Form T-4, for application for exemption pursuant to section 304(c) of the Act.

This form shall be filed pursuant to Rule 4c-1 (§ 260.4c-1 of this chapter) for applications for exemption filed pursuant to section 304(c) of the Trust Indenture Act of 1939.

This form shall be filed pursuant to Rule 0-9 (§ 260.0-9 of this chapter) by each individual nonresident brokerdealer registered or applying for registration. (Same as § 249.507 of this chapter.)

§ 269.18 Form 8–M, consent to service of process by a corporation which is a nonresident broker-dealer.

This form shall be filed pursuant to Rule 0-9 (§ 260.0–9 of this chapter) by each corporate nonresident brokerdealer registered or applying for registration. (Same as § 249.508 of this chapter.)

§ 269.19 Form 9-M, consent to service of process by a partnership nonresident broker-dealer.

This form shall be filed pursuant to

ment of agent for service of process, pleadings and other papers by corporation nonresident investment adviser. This form shall be filed pursuant to Rule 0-10 (§ 260.0–10 of this chapter) by each corporation nonresident investment adviser, and by each unincorporated nonresident investment adviser not organized as a partnership, which is registered or applying for registration with the Commission as an investment adviser. (Same as § 279.5 of this chapter.)

§ 269.26 Form 6-R, irrevocable appointment of agent for service of process, pleadings and other papers by partnership nonresident investment adviser. This form shall be filed pursuant to Rule 0-10 (§ 260.0-10 of this chapter) by each partnership nonresident investment adviser which is registered or applying for registration with the Commission as an investment adviser. (Same as § 279.6 of this chapter.)