17 C.F.R. § 230.240

Exemption for certain security-based swaps

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(a) Except as expressly provided in paragraph (b) of this section, the Act does not apply to the offer or sale of any security-based swap that is:

(1) A security-based swap agreement, as defined in Section 2A of the Act (15 U.S.C. 77b(b)-1) as in effect prior to July 16, 2011; and

(2) Entered into between eligible contract participants (as defined in Section 1a(12) of the Commodity Exchange Act (7 U.S.C. 1a(12)) as in effect prior to July 16, 2011, other than a person who is an eligible contract participant under Section 1a(12)(C) of the Commodity Exchange Act as in effect prior to July 16, 2011).

(b) The exemption provided in paragraph (a) of this section does not apply to the provisions of Section 17(a) of the Act (15 U.S.C. 77q(a)).

[82 FR 10707, Feb. 15, 2017]

Notes of Decisions

Cited in 1 case, 1982–1982 · leading case: Pittsburgh Terminal Corp. v. Baltimore & Ohio R.R., 680 F.2d 933 (3rd Cir. 1982).

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Pittsburgh Terminal Corp. v. Baltimore & Ohio R.R., 680 F.2d 933 (3rd Cir. 1982). · cites it 2× “Alternatively the firm suggested that if a sale were involved, the transaction was exempt under 17 C.F.R. § 230.240 (1981). That SEC rule, issued pursuant to section 3(b), 15 U.”

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