Subpart A. Subpart A—Rules and Regulations Under the Securities Exchange Act of 1934

• Rules of General Application

  • SECTION § 240.0-1 - Definitions.
  • SECTION § 240.0-2 - Business hours of the Commission.
  • SECTION § 240.0-3 - Filing of material with the Commission.
  • SECTION § 240.0-4 - Nondisclosure of information obtained in examinations and investigations.
  • SECTION § 240.0-5 - Reference to rule by obsolete designation.
  • SECTION § 240.0-6 - Disclosure detrimental to the national defense or foreign policy.
  • SECTION § 240.0-8 - Application of rules to registered broker-dealers.
  • SECTION § 240.0-9 - Payment of filing fees.
  • SECTION § 240.0-10 - Small entities under the Securities Exchange Act for purposes of the Regulatory Flexibility Act.
  • SECTION § 240.0-11 - Filing fees for certain acquisitions, dispositions and similar transactions.
  • SECTION § 240.0-12 - Commission procedures for filing applications for orders for exemptive relief under Section 36 of the Exchange Act.
  • SECTION § 240.0-13 - Commission procedures for filing applications to request a substituted compliance or listed jurisdiction order under the Exchange Act.
  • SECTION § 240.3a1-1 - Exemption from the definition of “Exchange” under Section 3(a)(1) of the Act.
  • SECTION § 240.3a4-1 - Associated persons of an issuer deemed not to be brokers.
  • SECTION §§ 240.3a4-2—240.3a4-6 - §[Reserved]
  • SECTION § 240.3a5-1 - Exemption from the definition of “dealer” for a bank engaged in riskless principal transactions.
  • SECTION § 240.3a5-2 - Exemption from the definition of “dealer” for banks effecting transactions in securities issued pursuant to Regulation S.
  • SECTION § 240.3a5-3 - Exemption from the definition of “dealer” for banks engaging in securities lending transactions.
  • SECTION § 240.3a5-4 - Further definition of “as a part of a regular business” in connection with certain liquidity providers.

• Definition of “Equity Security” as Used in Sections 12(g) and 16

  • SECTION § 240.3a11-1 - Definition of the term “equity security.”

• Miscellaneous Exemptions

  • SECTION § 240.3a12-1 - Exemption of certain mortgages and interests in mortgages.
  • SECTION § 240.3a12-2 - [Reserved]
  • SECTION § 240.3a12-3 - Exemption from sections 14(a), 14(b), 14(c), 14(f) and 16 for securities of certain foreign issuers.
  • SECTION § 240.3a12-4 - Exemptions from sections 15(a) and 15(c)(3) for certain mortgage securities.
  • SECTION § 240.3a12-5 - Exemption of certain investment contract securities from sections 7(c) and 11(d)(1).
  • SECTION § 240.3a12-6 - Definition of “common trust fund” as used in section 3(a)(12) of the Act.
  • SECTION § 240.3a12-7 - Exemption for certain derivative securities traded otherwise than on a national securities exchange.
  • SECTION § 240.3a12-8 - Exemption for designated foreign government securities for purposes of futures trading.
  • SECTION § 240.3a12-9 - Exemption of certain direct participation program securities from the arranging provisions of sections 7(c) and 11(d)(1).
  • SECTION § 240.3a12-10 - Exemption of certain securities issued by the Resolution Funding Corporation.
  • SECTION § 240.3a12-11 - Exemption from sections 8(a), 14(a), 14(b), and 14(c) for debt securities listed on a national securities exchange.
  • SECTION § 240.3a12-12 - Exemption from certain provisions of section 16 of the Act for asset-backed securities.
  • SECTION § 240.3a40-1 - Designation of financial responsibility rules.
  • SECTION § 240.3a43-1 - Customer-related government securities activities incidental to the futures-related business of a futures commission merchant registered with the Commodity Futures Trading Commission.
  • SECTION § 240.3a44-1 - Proprietary government securities transactions incidental to the futures-related business of a CFTC-regulated person.
  • SECTION § 240.3a44-2 - Further definition of “as a part of a regular business” in connection with certain liquidity providers.
  • SECTION § 240.3a51-1 - Definition of “penny stock”.
  • SECTION § 240.3a55-1 - Method for determining market capitalization and dollar value of average daily trading volume; application of the definition of narrow-based security index.
  • SECTION § 240.3a55-2 - Indexes underlying futures contracts trading for fewer than 30 days.
  • SECTION § 240.3a55-3 - Futures contracts on security indexes trading on or subject to the rules of a foreign board of trade.
  • SECTION § 240.3a55-4 - Exclusion from definition of narrow-based security index for indexes composed of debt securities.

• Security-Based Swap Dealer and Participant Definitions

  • SECTION § 240.3a67-1 - Definition of “major security-based swap participant.”
  • SECTION § 240.3a67-2 - Categories of security-based swaps.
  • SECTION § 240.3a67-3 - Definition of “substantial position.”
  • SECTION § 240.3a67-4 - Definition of “hedging or mitigating commercial risk.”
  • SECTION § 240.3a67-5 - Definition of “substantial counterparty exposure.”
  • SECTION § 240.3a67-6 - Definition of “financial entity.”
  • SECTION § 240.3a67-7 - Definition of “highly leveraged.”
  • SECTION § 240.3a67-8 - Timing requirements, reevaluation period, and termination of status.
  • SECTION § 240.3a67-9 - Calculation of major participant status by certain persons.
  • SECTION § 240.3a67-10 - Foreign major security-based swap participants.

• Further Definition of Swap, Security-Based Swap, and Security-Based Swap Agreement; Mixed Swaps; Security-Based Swap Agreement Recordkeeping

  • SECTION § 240.3a68-1a - Meaning of “issuers of securities in a narrow-based security index” as used in section 3(a)(68)(A)(ii)(III) of the Act.
  • SECTION § 240.3a68-1b - Meaning of “narrow-based security index” as used in section 3(a)(68)(A)(ii)(I) of the Act.
  • SECTION § 240.3a68-2 - Requests for interpretation of swaps, security-based swaps, and mixed swaps.
  • SECTION § 240.3a68-3 - Meaning of “narrow-based security index” as used in the definition of “security-based swap.”
  • SECTION § 240.3a68-4 - Regulation of mixed swaps.
  • SECTION § 240.3a68-5 - Regulation of certain futures contracts on foreign sovereign debt.
  • SECTION § 240.3a69-1 - Safe Harbor Definition of “security-based swap” and “swap” as used in sections 3(a)(68) and 3(a)(69) of the Act—insurance.
  • SECTION § 240.3a69-2 - Definition of “swap” as used in section 3(a)(69) of the Act—additional products.
  • SECTION § 240.3a69-3 - Books and records requirements for security-based swap agreements.
  • SECTION § 240.3a71-1 - Definition of “security-based swap dealer.”
  • SECTION § 240.3a71-2 - De minimis exception.
  • SECTION § 240.3a71-2A - Report regarding the “security-based swap dealer” and “major security-based swap participant” definitions (Appendix A to 17 CFR 240.3a71-2).
  • SECTION § 240.3a71-3 - Cross-border security-based swap dealing activity.
  • SECTION § 240.3a71-4 - Exception from aggregation for affiliated groups with registered security-based swap dealers.
  • SECTION § 240.3a71-5 - Exception for cleared transactions executed on a swap execution facility.
  • SECTION § 240.3a71-6 - Substituted compliance for security-based swap dealers and major security-based swap participants.

• Definitions

  • SECTION § 240.3b-1 - Definition of “listed”.
  • SECTION § 240.3b-2 - Definition of “officer”.
  • SECTION § 240.3b-3 - [Reserved]
  • SECTION § 240.3b-4 - Definition of “foreign government,” “foreign issuer” and “foreign private issuer”.
  • SECTION § 240.3b-5 - Non-exempt securities issued under governmental obligations.
  • SECTION § 240.3b-6 - Liability for certain statements by issuers.
  • SECTION § 240.3b-7 - Definition of “executive officer”.
  • SECTION § 240.3b-8 - Definitions of “Qualified OTC Market Maker, Qualified Third Market Maker” and “Qualified Block Positioner”.
  • SECTION §§ 240.3b-9—240.3b-10 - §[Reserved]
  • SECTION § 240.3b-11 - Definitions relating to limited partnership roll-up transactions for purposes of sections 6(b)(9), 14(h) and 15A(b)(12)-(13).
  • SECTION § 240.3b-12 - Definition of OTC derivatives dealer.
  • SECTION § 240.3b-13 - Definition of eligible OTC derivative instrument.
  • SECTION § 240.3b-14 - Definition of cash management securities activities.
  • SECTION § 240.3b-15 - Definition of ancillary portfolio management securities activities.
  • SECTION § 240.3b-16 - Definitions of terms used in Section 3(a)(1) of the Act.
  • SECTION § 240.3b-17 - [Reserved]
  • SECTION § 240.3b-18 - Definitions of terms used in Section 3(a)(5) of the Act.
  • SECTION § 240.3b-19 - Definition of “issuer” in section 3(a)(8) of the Act in relation to asset-backed securities.

• Clearing of Security-Based Swaps

  • SECTION § 240.3Ca-1 - Stay of clearing requirement and review by the Commission.
  • SECTION § 240.3Ca-2 - Submission of security-based swaps for clearing.

• Registration and Exemption of Exchanges

  • SECTION § 240.6a-1 - Application for registration as a national securities exchange or exemption from registration based on limited volume.
  • SECTION § 240.6a-2 - Amendments to application.
  • SECTION § 240.6a-3 - Supplemental material to be filed by exchanges.
  • SECTION § 240.6a-4 - Notice of registration under Section 6(g) of the Act, amendment to such notice, and supplemental materials to be filed by exchanges registered under Section 6(g) of the Act.
  • SECTION § 240.6h-1 - Settlement and regulatory halt requirements for security futures products.
  • SECTION § 240.6h-2 - Security future based on note, bond, debenture, or evidence of indebtedness.
  • SECTION § 240.7c2-1 - [Reserved]

• Hypothecation of Customers' Securities

  • SECTION § 240.8c-1 - Hypothecation of customers' securities.
  • SECTION § 240.9b-1 - Options disclosure document.

• Manipulative and Deceptive Devices and Contrivances

  • SECTION § 240.10b-2 - [Reserved]
  • SECTION § 240.10b-3 - Employment of manipulative and deceptive devices by brokers or dealers.
  • SECTION § 240.10b-4 - [Reserved]
  • SECTION § 240.10b-5 - Employment of manipulative and deceptive devices.
  • SECTION § 240.10b5-1 - Trading “on the basis of” material nonpublic information in insider trading cases.
  • SECTION § 240.10b5-2 - Duties of trust or confidence in misappropriation insider trading cases.
  • SECTION §§ 240.10b-6—240.10b-8 - §[Reserved]
  • SECTION § 240.10b-9 - Prohibited representations in connection with certain offerings.
  • SECTION § 240.10b-10 - Confirmation of transactions.
  • SECTION § 240.10b-13 - [Reserved]
  • SECTION § 240.10b-16 - Disclosure of credit terms in margin transactions.
  • SECTION § 240.10b-17 - Untimely announcements of record dates.
  • SECTION § 240.10b-18 - Purchases of certain equity securities by the issuer and others.
  • SECTION § 240.10b-21 - Deception in connection with a seller's ability or intent to deliver securities on the date delivery is due.
  • SECTION § 240.10c-1a - Securities lending transparency.
  • SECTION § 240.9j-1 - Prohibition against fraud, manipulation, or deception in connection with security-based swaps.
  • SECTION §§ 240.10a-1—240.10a-2 - §[Reserved]
  • SECTION § 240.10b-1 - Prohibition of use of manipulative or deceptive devices or contrivances with respect to certain securities exempted from registration.

• Reports Under Section 10A

  • SECTION § 240.10A-1 - Notice to the Commission Pursuant to Section 10A of the Act.
  • SECTION § 240.10A-2 - Auditor independence.
  • SECTION § 240.10A-3 - Listing standards relating to audit committees.

• Requirements Under Section 10C

  • SECTION § 240.10C-1 - Listing standards relating to compensation committees.

• Requirements Under Section 10D

  • SECTION § 240.10D-1 - Listing standards relating to recovery of erroneously awarded compensation.

• Adoption of Floor Trading Regulation (Rule 11a-1)

  • SECTION § 240.11a-1 - Regulation of floor trading.
  • SECTION § 240.11a1-1(T) - Transactions yielding priority, parity, and precedence.
  • SECTION § 240.11a1-2 - Transactions for certain accounts of associated persons of members.
  • SECTION § 240.11a1-3(T) - Bona fide hedge transactions in certain securities.
  • SECTION § 240.11a1-4(T) - Bond transactions on national securities exchanges.
  • SECTION § 240.11a1-5 - Transactions by registered competitive market makers and registered equity market makers.
  • SECTION § 240.11a1-6 - Transactions for certain accounts of OTC derivatives dealers.
  • SECTION § 240.11a2-2(T) - Transactions effected by exchange members through other members.

• Adoption of Regulation on Conduct of Specialists

  • SECTION § 240.11b-1 - Regulation of specialists.

• Exemption of Certain Securities From Section 11(d)(1)

  • SECTION § 240.11d1-1 - Exemption of certain securities from section 11(d)(1).
  • SECTION § 240.11d1-2 -
  • SECTION § 240.11d2-1 - Exemption from Section 11(d)(2) for certain broker-dealers effecting transactions for customers security futures products in futures accounts.

• Securities Exempted From Registration

  • SECTION § 240.12a-4 - Exemption of certain warrants from section 12(a).
  • SECTION § 240.12a-5 - Temporary exemption of substituted or additional securities.
  • SECTION § 240.12a-6 - Exemption of securities underlying certain options from section 12(a).
  • SECTION § 240.12a-7 - Exemption of stock contained in standardized market baskets from section 12(a) of the Act.
  • SECTION § 240.12a-8 - Exemption of depositary shares.
  • SECTION § 240.12a-9 - Exemption of standardized options from section 12(a) of the Act.
  • SECTION § 240.12a-10 - Exemption of security-based swaps from section 12(a) of the Act.
  • SECTION § 240.12a-11 - Exemption of security-based swaps sold in reliance on Securities Act of 1933 Rule 240 (from section 12(a) of the Act.

• Regulation 12B: Registration and Reporting