Rule 131
 
Definition of Security Issued Under Governmental Obligations
a. Any
part of an obligation evidenced by any bond, note, debenture, or other
evidence of indebtedness issued by any governmental unit specified in
section 3(a)(2)
of the Act which is payable from payments to be made in respect of property
or money which is or will be used, under a lease, sale, or loan arrangement,
by or for industrial or commercial enterprise, shall be deemed to be a
separate security within the meaning of
section
2(a)(1) of the Act, issued by the lessee or obligor under the lease,
sale or loan arrangement.
b.
An obligation shall
not be deemed a separate security as defined in paragraph (a) of
this section if,
1.
the obligation is payable from the general revenues of a governmental
unit, specified in
section 3(a)(2) of the Act, having other resources which may be used for payment
of the obligation, or
2. the
obligation relates to a public project or facility owned and operated
by or on behalf of and under the control of a governmental unit specified
in such section, or
3.
the obligation relates to a facility which is leased to and under the
control of an industrial or commercial enterprise but is a part of a public
project which, as a whole, is owned by and under the general control of
a governmental unit specified in such section, or an instrumentality thereof.
c. This
rule shall apply to transactions of the character described in paragraph
(a) of this section only with respect to bonds, notes, debentures or other
evidences of indebtedness sold after December 31, 1968.
Regulatory History |
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SEC Release 33-4921: 33 FR 12648, Sept. 6, 1968 SEC Release 33-5055: 35 FR 6000, Apr. 11, 1970 |
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