

[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Rules and Regulations]               
[Page 7677-7678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe06-2]                         

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 230

 
General Rules and Regulations, Securities Act of 1933

CFR Correction

    In Title 17 of the Code of Federal Regulations, parts 200 to 239, 
revised as of April 1, 2005, on page 584, in Sec.  230.252, paragraph 
(h)(1) is corrected by revising the second and third sentences, and on 
page 653, Sec.  230.494 is reinstated to read as follows:


Sec.  230.252  Offering statement.

* * * * *
    (h) * * * Seven copies of every amendment shall be filed with the 
Commission's main office in Washington, D.C. Subsequent amendments to 
an offering shall recommence the time period for qualification.
* * * * *


Sec.  230.494  Newspaper prospectuses.

    (a) This section shall apply only to newspaper prospectuses 
relating to securities, as to which a registration statement has become 
effective, issued by a foreign national government with which the 
United States maintains diplomatic relations. The term newspaper 
prospectus means an advertisement of securities in newspapers, 
magazines or other periodicals which are admitted to the mails as 
second-class matter and which are not distributed by the advertiser. 
The term does not include reprints, reproductions or detached copies of

[[Page 7678]]

such advertisements. A newspaper prospectus shall not be deemed a 
prospectus meeting the requirements of section 10 for the purpose of 
section 2(10)(a) or 5(b)(2) of the Act.
    (b) All information included in a newspaper prospectus may be 
expressed in such condensed or summarized form as may be necessary in 
the light of the circumstances under which newspaper prospectuses are 
authorized to be used. The information need not follow the order in 
which the information is set forth in the registration statement or in 
the full prospectus. No information need be set forth in tabular form.
    (c) The following statement shall be set forth at the head of every 
newspaper prospectus in conspicuous print:

These securities, though registered, have not been approved or 
disapproved by the Securities and Exchange Commission, which does 
not pass on the merits of any registered securities.
    (d) There shall be set forth at the foot of every newspaper 
prospectus in conspicuous print a statement to the following effect:

Further information, particularly financial information, is 
contained in the registration statement filed with the Commission 
and in a more complete prospectus which must be furnished to each 
purchaser and is obtainable from the following persons:
    (Insert names.)

    (e) If the registrant or any of the underwriters knows or has 
reasonable grounds to believe that it is intended to stablize the price 
of any security to facilitate the offering of the registered security, 
there shall be placed in the newspaper prospectus, in capital letters, 
the statement required by Item 502(d) of Regulation S-K (Sec.  
229.502(d) of this chapter) to be included in the full prospectus.
    (f) A newspaper prospectus shall contain the information specified 
in paragraphs (f) (1) to (9) of this section. All other information and 
documents contained in the registration statement may be omitted. The 
following information shall be included:
    (1) The name of the borrowing government;
    (2) A brief description of the securities to be offered;
    (3) The price at which it is proposed to offer the security to the 
public in the United States;
    (4) The purpose and approximate amounts to be devoted to such 
purposes, so far as determinable, for which the security to be offered 
is to supply funds; and if funds for such purposes are to be raised in 
part from other sources, the amounts and the sources thereof:
    (5) A brief statement as to the amount of funded and floating debt 
outstanding and to be created, excluding inter-governmental debt;
    (6) A condensed or summarized statement of receipt and expenditures 
for the last three fiscal years for which data are available;
    (7) A condensed or summarized statement of the balance of 
international payments for the last three fiscal years for which data 
are available;
    (8) If the issuer or its predecessor has defaulted on the principal 
or interest of any external debt, excluding intergovernmental debt, 
during the last twenty years, the date, amount and circumstances of 
such default and the general effect of any succeeding arrangement;
    (9) Underwriting discounts and commissions per unit and in the 
aggregate.
    (g) A newspaper prospectus may also include, in condensed, 
summarized or graphic form, additional information the substance of 
which is contained in the registration statement. A newspaper 
prospectus shall not contain any information the substance of which is 
not set forth in the registration statement.
    (h) All information included in a newspaper prospectus shall be set 
forth in type at least as large as seven-point modern type: Provided, 
however, That such information shall not be so arranged as to be 
misleading or obscure the information required to be included in such a 
prospectus.
    (i) Five copies of every proposed newspaper prospectus, in the size 
and form in which it is intended to be published shall be filed with 
the Commission at least three business days before definitive copies 
thereof are submitted to the newspaper, magazine or other periodical 
for publication. Within seven days after publication, five additional 
copies shall be filed in the exact form in which it was published and 
shall be accompanied by a statement of the date and manner of its 
publication.

(Interprets or applies sec. 7, 48 Stat. 78, as amended; 15 U.S.C. 
77g; 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. 1, 79 Stat. 1051; sec. 308(a)(2), 90 Stat. 57; secs. 12, 
13, 14, 15(d), 23(a), 48 Stat. 892, 895, 901; secs. 1, 3, 8, 49 
Stat. 1375, 1377, 1379; sec 203(a), 49 Stat. 704; sec. 202, 68 Stat. 
686; secs. 3, 4, 5, 6, 78 Stat. 565-568, 569, 570-574; secs. 1, 2, 
3, 82 Stat. 454, 455; secs. 28(c), 1, 2, 3-5, 84 Stat. 1435, 1497; 
sec. 105(b), 88 Stat. 1503; secs. 8, 9, 10, 18, 89 Stat. 117, 118, 
119, 155; sec. 308(b), 90 Stat. 57; secs. 202, 203, 204, 81 Stat. 
1494, 1498, 1499, 1500; 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 78l, 
78m, 78n, 78o(d), 78w(a))


[16 FR 8820 Aug. 31, 1951, as amended at 19 FR 6729, Oct. 20, 1954; 
48 FR 19875, May 3, 1983]

[FR Doc. 06-55507 Filed 2-13-06; 8:45 am]

BILLING CODE 1505-01-D
