Section 173. Rule 174 — Delivery of Prospectus by Dealers; Exemptions Under Section 4(3) of the Act
us SEC - C&DI - Securities Act Rules
Question 173.01
Question: Are the provisions of Rule 172 available to dealers that are participants in the underwriting as well as to those dealers that are not participants in the underwriting?
Answer: Yes. Rule 172 is available to dealers that participate in the underwriting, including selling an unsold allotment, as well as to dealers that do not participate. A dealer may not rely on Rule 174 to not deliver a prospectus when the dealer is participating in the offering or is selling an unsold allotment. When Section 4(3) requires delivery of a prospectus, the dealer may rely on Rule 172 to satisfy its delivery obligation, except in the case of offerings of blank check companies. [Jan. 26, 2009]
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