Release No. 33-6016

Release No. 34-15502

Release No. 35-20891

Release No. 39-522

Release No. IC-10563

Release No. IA-660

January 17, 1979

AGENCY RULES RELATING TO CERTAIN FORMAL REQUIREMENTS FOR FILING OF DOCUMENTS

ACTION: Final rules.

SUMMARY: The Commission is amending various rules under the federal securities laws to require that each page of all documents filed under those laws be numbered sequentially from the facing page of the filing form through the last page of that document, including any exhibits or attachments thereto. These amendments are designed to conform all filings received by the Commission to the requirements for implementation of the Commissions Micrographic Conversion Program.

EFFECTIVE DATE: March 9, 1979

FOR FURTHER INFORMATION CONTACT: Roderic L. Woodson, Special Counsel, Office of Reports and Information Services, Securities and Exchange Commission, Washington, D.C. 20549 (202-523-5530).

SUPPLEMENTARY INFORMATION: The Securities and Exchange Commission today announced the adoption of certain amendments to Rule 403 (17 CFR 230.403) under the Securities Act of 1933 (15 U.S.C. §77a et seq.); Rule 240.0-3 (17 CFR 240.0-3) under the Securities Exchange Act of 1934 (15 U.S.C. §78a et seq.); Rule 22 (17 CFR 250.22) under the Public Utility Holding Company Act of 1935 (15 U.S.C. §79 et seq.); Part 260 (17 CFR 260) under the Trust Indenture Act of 1939 (15 U.S.C. §77aaa et seq.); Rule 0-2 (17 CFR 270.0-2) under the Investment Company Act of 1940 (15 U.S.C. §80a et seq.); and Rule 0-4 (17 CFR 275.04) under the Investment Advisers Act of 1940 (15 U.S.C. §80b et seq.). The amendments are designed to conform all filings received by the Commission to the requirements for implementation of the Commisphics Program" or "Program".) As developed, the Micrographics Program involves the conversion of all micrographics Program involves the conversion of all hard-copy filings received by the Commission under the Federal Securities laws to microform storage mediums. Upon completion of the Program, the Commission will maintain its official documents on film and dispose of all hard-copy documents after a period of time. In order to fully implement the Program, sequential page numbering of all documents filed is necessary to ensure the page and image verification procedures established under the Program. In the absence of an adequate verification procedure, the Commissions ability to authenticate documents in its possession may be substantially impaired. It should be noted, however, that the sequential numbering of filings required by these amendments are supplemental to internal numbering of any particular exhibit or attachment contained in a specific filing. The amendments require only the original document to be numbered sequentially. It is not necessary to number duplicate originals or conformed copies.

Although no particular numbering process is required, it will facilitate the implementation of the Micrographics Program if legible handwritten, typed, stamped, or printed sequential numbering systems are utilized. The insertion of pages with sub-numbering systems (for example, pages 10a, 10b, 10c) should be avoided. The numbering of each filed documents and exhibits and attachments thereto need not correspond to the numbering in any subsequently filed document. Thus, for example, the numbering in a final prospectus need not be same as that in a preliminary prospectus.

Prior public notice and comment are not required under the Administrative Procedure Act (5 USC 553) as these rules are amendments to the Commissions rules of procedure and practice. See, 5 USC 553 (b) (A). However, because the nature of this rule-making will require some measure of preparation by registrants, the effective date of the rule will be postponed for a period of forty-five (45) days.

Accordingly, the Commission adopts the following amendments effective on March 9, 1979, pursuant to 15 USC 77s (48 Stat. 85); 15 USC 78w (48 Stat. 901); 15 USC 79c and 79t (49 Stat. 810, 833); 15 USC 77eee, 77ggg, 77nnn, 77sss (53 Stat. 1154, 1156, 1167, 1173); 15 USC 80w-37, 30c-39 (54 Stat. 841, 342); 15 USC 80b-3, 80b-4, 80b-11 (54 Stat. 850, 852, 855).

TEXT OF AMENDMENTS

PART 230-GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

Section 230.403 is amended by adding paragraph (d) to read as follows:

§230.403 Requirements as to paper, printing, and language.

* * * * *

(d) The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Securities Act of 1933, as amended, shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document.

PART 240-GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF 1934

Section 240.0-3 is amended by designating the existing paragraph as (a) and adding paragraph (b) to read as follows:

§240.0-3 Filing of material with the Commission

* * * * *

(a) All papers required to be filed with the Commission pursuant to the Act or the rules and regulations thereunder shall be filed at the principal office in Washington, D.C. Material may be filed by delivery to the Commission, through the mails or otherwise. The date on which papers are actually received by the Commission shall be the date of filing thereof if all of the requirements with respect to the filing have been complied with, except that if the last day on which papers can be accepted as timely filed falls on a Saturday, Sunday or holiday, such papers may be filed on the first business day following.

(b) The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Securities Exchange Act of 1934, as amended, shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document.

PART 250-GENERAL RULES AND REGULATIONS, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935

Section 250.22 is amended by adding paragraph (e) to read as follows:

§250.22 Applications and declarations.

* * * * *

(e) The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Public Utility Holding Company Act of 1935, as amended, shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further the total number of pages contained in a numbered original shall be set forth on the first page of the document.

PART 260-GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF 1939

Part 260 is amended by adding a new section to read as follows:

§260.0-4 Sequential numbering of documents filed with the Commission.

The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Trust Indenture Act of 1939 shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document.

PART 270-RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1970

Section 270.0-2 is amended by adding paragraph (h) to read as follows:

§270.0-2 General requirements of papers and applications.

* * * * *

(h) The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Investment Company Act of 1940, as amended, shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document.

PART 275-RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940

Section 275.0-4 is amended by adding paragraph (i) to read as follows:

§275.0-4 General requirements of papers and applications.

* * * * *

(i) The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Investment Advisers Act of 1940, as amended, shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document.

By the Commission.

George A. Fitzsimmons

Secretary