
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-123 Section 7]
[CITE: 15USC77ggg]

 
                      TITLE 15--COMMERCE AND TRADE
 
               CHAPTER 2A--SECURITIES AND TRUST INDENTURES
 
                    SUBCHAPTER III--TRUST INDENTURES
 
Sec. 77ggg. Qualification of indentures covering securities not 
        required to be registered
        

(a) Application; information required; availability of information to 
        public

    In the case of any security which is not required to be registered 
under the Securities Act of 1933 [15 U.S.C. 77a et seq.] and to which 
subsection (a) of section 77fff of this title is applicable 
notwithstanding the provisions of section 77ddd of this title, an 
application for qualification of the indenture under which such security 
has been or is to be issued shall be filed with the Commission by the 
issuer of such security. Each such application shall be in such form, 
and shall be signed in such manner, as the Commission may by rules and 
regulations prescribe as necessary or appropriate in the public interest 
or for the protection of investors. Each such application shall include 
the information and documents required by subsection (a) of section 
77eee of this title. The information and documents required by paragraph 
(1) of such subsection with respect to the person designated to act as 
indenture trustee shall be contained in a separate part of such 
application, which part shall be signed by such person. Each such 
application shall also include such of the other information and 
documents which would be required to be filed in order to register such 
indenture security under the Securities Act of 1933 as the Commission 
may by rules and regulations prescribe as necessary or appropriate in 
the public interest or for the protection of investors. An application 
may be withdrawn by the applicant at any time prior to the effective 
date thereof. Subject to the provisions of section 77uuu of this title, 
the information and documents contained in or filed with any application 
shall be made available to the public under such regulations as the 
Commission may prescribe, and copies thereof, photostatic or otherwise, 
shall be furnished to every applicant therefor at such reasonable charge 
as the Commission may prescribe.

(b) Filing of application

    The filing with the Commission of an application, or of an amendment 
to an application, shall be deemed to have taken place upon the receipt 
thereof by the Commission, but, in the case of an application, only if 
it is accompanied or preceded by payment to the Commission of a filing 
fee in the amount of $100, such payment to be made in cash or by United 
States postal money order or certified or bank check, or in such other 
medium of payment as the Commission may authorize by rule and 
regulation.

(c) Applicability of other statutory provisions

    The provisions of section 77h of this title and the provisions of 
subsection (b) of section 77eee of this title shall apply with respect 
to every such application, as though such application were a 
registration statement filed pursuant to the provisions of the 
Securities Act of 1933 [15 U.S.C. 77a et seq.].

(May 27, 1933, ch. 38, title III, Sec. 307, as added Aug. 3, 1939, ch. 
411, 53 Stat. 1156.)

                       References in Text

    The Securities Act of 1933, referred to in subsecs. (a) and (c), is 
act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is 
classified generally to subchapter I (Sec. 77a et seq.) of this chapter. 
For complete classification of this Act to the Code, see section 77a of 
this title and Tables.

                          Transfer of Functions

    For transfer of functions of Securities and Exchange Commission, 
with certain exceptions, to Chairman of such Commission, see Reorg. Plan 
No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 
1265, set out under section 78d of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 77ccc, 77eee, 77fff, 77iii, 
77jjj, 77vvv of this title.
