17 C.F.R. § 240.16b-5
Bona fide gifts and inheritance
Both the acquisition and the disposition of equity securities shall be exempt from the operation of section 16(b) of the Act if they are: (a) Bona fide gifts; or (b) transfers of securities by will or the laws of descent and distribution.
Notes of Decisions
Cited in 1
case, 1965–1965 · leading case: Marquette Cement Mfg. Co. v. Andreas, 239 F. Supp. 962 (S.D.N.Y. 1965).
Marquette Cement Mfg. Co. v. Andreas, 239 F. Supp. 962 (S.D.N.Y. 1965). “Nor are the defendants exempt from the operation of the Act by virtue of SEC Rule X-16B-5, 17 C.F.R. ,§ 240.16b-5. Rule X-16B-5 is a special situation rule, directed at facilitating management incentive plans.”
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