17 C.F.R. § 250.11   Certain acquisitions by affiliates exempted from section 9(a)(2).


Title 17 - Commodity and Securities Exchanges


Title 17: Commodity and Securities Exchanges
PART 250—GENERAL RULES AND REGULATIONS, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
Registration and General Exemptions

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§ 250.11   Certain acquisitions by affiliates exempted from section 9(a)(2).

(a) Acquisitions by certain exempt holding companies. Any holding company which is exempt from sections 4 and 5(a) of the Act (49 Stat. 812; 15 U.S.C. 79d, 79e) and which is not a subsidiary of any registered holding company, shall be exempt from section 9(a)(2) (49 Stat. 817; 15 U.S.C. 79i) of the Act with respect to the acquisition of any securities issued by any subsidiary of such exempt holding company.

(b) Acquisitions by certain exempt holding companies and persons not in registered holding company systems. Any holding company specified in paragraph (a) of this section and any person which is not a holding company or a subsidiary of any registered holding company, shall be exempt from section 9(a)(2) of the Act (49 Stat. 817; 15 U.S.C. 79i) with respect to the acquisition of any of the following securities:

(1) Securities issued by certain exempt public utility or holding companies. Securities issued by any public utility or holding company, which is within the classes specified in §250.10(a) (1) and (2); or

(2) Securities of foreign companies. Securities issued by any company which does not own or operate, or have a subsidiary which owns or operates, any utility assets located in the United States: Provided, That the acquiring company is not an affiliate under section 2(a)(11)(A) of the Act (49 Stat. 804; 15 U.S.C. 77b) of any company which owns or operates, and has no subsidiary which owns or operates, any utility assets located in the United States.

(c) Acquisitions by certain registered holding companies. The exemptions provided by paragraph (b)(2) of this section shall also apply to any registered holding company which has been exempted from section 9(a)(1) of the Act (49 Stat. 817; 15 U.S.C. 79i) as to the acquisition of the securities therein specified.

(d) Acquisitions by certain persons of securities issued by affiliates. Any person which is not a holding company or a subsidiary of a registered holding company shall be exempt from section 9(a)(2) of the Act with respect to the acquisition of any securities issued by a public utility or holding company of which such person is, prior to such acquisition, an affiliate under section 2(a)(11)(A) of the Act.

[Rule U, 6 FR 2015, Apr. 19, 1941, as amended at 18 FR 6589, Oct. 16, 1953]

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