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Regulation M

Rule 106 (Proposed amendment)
Allocating offered securities 


a. Unlawful activity. It shall be unlawful for a distribution participant, issuer or their affiliated purchasers, directly or indirectly, acting either alone or in concert with another person, to attempt to induce, induce, solicit, require, or accept from a potential purchaser of an offered security in connection with an allocation of the offered security, any consideration for such offered security in addition to that stated in the registration statement filed under the Securities Act of 1933 (15 U.S.C. 77a et seq.) or applicable offering document for the offer and sale of such offered security.

b. Exemptive authority. Upon written application or upon its own motion, the Commission may grant an exemption from the provisions of this section, either unconditionally or on specified terms and conditions, to any person or class of persons, to any transaction or class of transactions, or to any security or class of securities to the extent that such exemption is necessary or appropriate, in the public interest, and is consistent with the protection of investors.


Regulatory History

SEC Release 33-8511:  69 FR 75774, Dec. 17, 2004 (Proposed amendment)

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