DEFINITIONS Rule X-3B-1. Definition of "Listed." The term "listed" means admitted to full trading privileges upon application by the issuer or its fiscal agent or, in the case of the securities of a foreign corporation, upon application by a banker engaged in distributing them; and includes securities for which authority to add to the list on official notice of issuance has been granted. Rule X-3B-2. Definition of "Officer." The term "officer" means a president, vice president, treasurer, secretary, comptroller, and any other person who performs for an issuer, whether incorporated or unincorporated, functions corresponding to those performed by the foregoing officers. Rule X-3B-3. Definition of "Short Sale." The term "short sale" means any sale of a security which the seller does not own or any sale which is consummated by the delivery of a security borrowed by, or for the account of, the seller. (PAGE 501 FOLLOWS) RULES UNDER SECTIONS 5 AND 6 OF THE ACT REGISTRATION AND EXEMPTION OF EXCHANGES Rule X-6B-1. Registration and Exemption of Exchanges. Any application for registration or exemption from registration of an exchange as a national securities exchange shall be made on form 1 accompanied by three copies of the statement and exhibits prescribed by the Commission to be filed in connection therewith. Rule X-6B-2. Amendments and Supplements to Registration Statements of Exchanges. Every exchange applying for registration or registered as a national securities exchange shall keep its registration statement up-to-date in the manner prescribed below: (a) Amendments. Promptly after the discovery of any inaccuracy in the registration statement or in any amendment or supplement thereto the exchange shall file with the Commission an amendment correcting such inaccuracy. (b) Current supplements.-Promptly after any change which renders no longer accurate any information contained or incorporated in the registration statement or in any amendment or supplement thereto the exchange shall file with the Commission a current supplement setting forth such change, except that— (i) If changes in the information called for in exhibits C, D, and E are reported in any record which is published weekly by the exchange and promptly filed in triplicate with the Commission, no current supplements need be filed with respect to such changes. (i) If written notice of changes in the information called for in exhibit I is filed with the Commission at least semimonthly, no current supplements need be filed with respect to such changes. (iii) No current supplements need be filed with respect to changes in the information called for in exhibits B and J. (c) Annual supplements.—(1) Promptly after the close of each calendar year the exchange shall file with the Commission a supplement setting forth the information called for in exhibits C, D, and E as of the close of such year. (2) Promptly after the close of each fiscal year of the exchange, it shall file with the Commission a supplement setting forth its balance sheet as of the close of such year and its income and expense statement for such year. Promptly after the close of each fiscal year of each affiliate and subsidiary then listed in the registration statement or any amendment or supplement thereto in answer to item 7, the exchange shall file with the 460820-42- -2 501 Commission a supplement setting forth the balance sheet of such affiliate or subsidiary as of the close of such year and the income and expense statement of such affiliate or subsidiary for such year. (d) Every amendment or supplement shall be filed in triplicate, at least one of which must be signed and attested, in the same manner as required in the case of the original registration statement, and must conform to the requirements of rule X-2 and form 9. All amendments and supplements shall be dated and numbered in order of filing. One amendment or supplement may include any number of changes. In addition to the formal filing of amendments and supplements above described, each exchange shall send to the Commission three copies of any notices, reports, circulars, loose-leaf insertions, riders, new editions, lists, or other records of changes covered by amendments or supplements when, as, and if such records are made available to members of the exchange. Rule X-6B-3. Applicability of Rules X-12A-1, X-12A-2, and X-12A-3 to Securities Listed on an Exempted Exchange Which Subsequently Becomes Registered-Financial Re quirements for Registration of Such Securities. If a temporary exemption from registration shall have been granted to any exchange and registration of such exchange as a national securities exchange shall subsequently have become effective— (a) Rules X-12A-1, X-12A-2, and X-12A-3 shall be applicable to any security which was listed on such exchange at the time such exemption was granted and which continued to be so listed until registration of such exchange became effective, with the same force and effect as though such registration had become effective on or before June 30, 1935, and temporary registration of such security on such exchange had expired on June 30, 1935. (b) For the purposes of any application by the issuer of any such security, for the registration of any of its securities, the requirements with respect to financial statements and the certification thereof which are applicable to registrants having a security temporarily registered on form 2 or 3 shall be applicable to such issuer. Rule X-6B-4. Amendments and Supplements to Applications for Exemption From Registration as a National Securities Exchange. Every exchange applying for exemption from registration as a national securities exchange or granted exemption from such registration shall keep its application for such exemption up-to-date in the manner prescribed below: (a) Amendments.-Promptly after the discovery of any inaccuracy in such application or in any amendment or supplement thereto the exchange shall file with the Commission an amendment correcting such inaccuracy. (b) Current supplements.-Promptly after any change which renders no longer accurate any information contained or incorporated in such application or in any amendment or supplement thereto the exchange shall file with the Commission a current supplement setting forth such change, except that no current supplements need be filed with respect to changes in the information called for in items 26, 27, 28, and 30 and in exhibits B, C, D, and E. Current supplements filed to report the termination of listed or unlisted trading privileges in any security admitted to dealing on the exchange shall include a brief statement of the reasons for such termination. (c) Periodic supplements.-(1) Promptly after the end of each quarter of each calendar year the exchange shall file with the Commission a supplement setting forth the information called for in exhibits C, D, and E as of the end of such quarter. (2) Promptly after the close of each calendar month the exchange shall file with the Commission a supplement setting forth, with respect to each security listed on the exchange or admitted to unlisted trading privileges thereon, the number of shares of stock or the aggregate face amount of bonds bought on the exchange during such month. (3) Promptly after the close of each fiscal year of the exchange, it shall file with the Commission a supplement setting forth its balance sheet as of the close of such year and its income and expense statement for such year. Promptly after the close of each fiscal year of each affiliate and subsidiary then listed in such application or any amendment or supplement thereto in answer to item 7, the exchange shall file with the Commission a supplement consisting of the balance sheet of such affiliate or subsidiary as of the close of such year and the income and expense statement of such affiliate or subsidiary for such year. (d) Every amendment or supplement shall be filed in triplicate, at least one of which must be signed and attested, in the same manner as required in the case of the original application for exemption, and must conform to the requirements of rule X-2 and form 9-A. All amendments and supplements shall be dated and numbered in order of filing. One amendment or supplement may include any number of changes. In addition to the formal filing of amendments and supplements above described, each exchange shall send to the Commission three copies of any notices, reports, circulars, loose-leaf insertions, riders, new editions, lists, or other records of changes covered by amendments or supplements when, as and if such records are made available to members of the exchange. (PAGE 701 FOLLOWS) |