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System name:
Beneficial Ownership, Acquisition, Tender Offer, and Solicitation
Records Filed under the Securities Exchange Act of 1934--SEC.
System location:
Securities and Exchange Commission, Washington, DC 20549.
Categories of individuals covered by the system:
Records contain information on certain persons who own beneficially
more than 5 percent of any equity security of a class specified in
section 13(d)(1) of the Securities Exchange Act of 1934 and on persons
making a tender offer to acquire more than 5 percent of such equity
securities.
Categories of records in the system:
The records contain the initial information and changes regarding
beneficial ownership of the equity securities of certain issuers, as
well as information on tender offers. The records also contain other
relevant material informations such as the individual beneficial
owner's name, citizenship, relationship to the issuer, role in
transaction, and social security or tax identification number (when
provided on a voluntary basis).
Authority for maintenance of the system:
Title 15, United States Code, Section 78m and 78n.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and the information contained in these records may be
used for the following:
1. By the SEC staff to verify information contained in other filings
and in preparing no-action letters.
2. To respond to requests from Members of Congress and the public
concerning tender beneficial owners, offers, acquisitions or
solicitations of securities.
3. By SEC personnel for purposes of investigating possible violations
of the Federal securities laws.
4. Where there is an indication of a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a ``routine
use,'' to the appropriate agency, whether Federal, State, local,
foreign or a securities self-regulatory organization charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, or rule,
regulation or order issued pursuant thereto.
5. When considered appropriate, records in this system may be
referred to a bar association or similar Federal, State or local
licensing authority for possible disciplinary action.
6. A record from this system of records may be disclosed as a
``routine use'' to a Federal, State or local governmental authority
maintaining civil, criminal or other relevant enforcement information
or other pertinent information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other benefit.
7. A record from this system of records may be disclosed to a
Federal, State or local governmental authority, in response to its
request, in connection with the hiring or retention of an employee,
the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary
to the requesting agency's decision on the matter.
8. As a data source for management information for production of
summary descriptive statistics and analytical studies in support of
the function for which the records are collected and maintained or
for related personnel management functions or manpower studies; may
also be utilized to respond to general requests for statistical
information (without personal identification of individuals) under
the Freedom of Information Act or to locate specific individuals for
personnel research or other personnel management functions.
9. In any proceeding where the Federal securities laws are in issue or
in which the Commission or past or present members of its staff is a
party or otherwise involved in an official capacity.
10 To prepare, on a periodic basis, for public inspection tabulations
of beneficial ownership, classified variously by issuer, reporting
persons, and in any other matter deemed necessary and appropriate.
Tabulations of various types may also be prepared from time to time
upon specific requests therefor.
11. In connection with investigations or disciplinary proceedings by a
State securities regulatory authority or by a securities selfregulatory organization involving one or more of its members in
connection with their regulatory and enforcement responsibilities
mandated by the Federal securities laws (as defined in section 21(g) of
the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)), or state or
foreign laws regulating securities or other related matters, records in
this system of records may be disclosed to national securities
exchanges and national securities associations that are registered with
the Commission, the Municipal Securities Rulemaking Board, the
Securities Investor Protection Corporation, the federal banking
authorities, including but not limited to, the Board of Governors of
the Federal Reserve System, the Comptroller of the Currency, and the
Federal Deposit Insurance Corporation, state securities regulatory or
law enforcement agencies or organizations, or regulatory or law
enforcement agencies of a foreign government.
Records in this system may be disclosed as a routine use to any
trustee, receiver, master, special counsel, or other individual or
entity that is appointed by a court of competent jurisdiction, or as
a result of an agreement between the parties in connection with
litigation or administrative proceedings involving allegations of
violations of the Federal securities laws (as defined in section
21(g) of the Securities Exchange Act, 15 U.S.C. 78u(g) or the
Commission's rules of practice, 17 CFR 202.1 et seq. or otherwise,
where such trustee, receiver, master, special counsel or other
individual or entity is specifically designated to perform particular
functions with respect to, or as a result of, the pending action or
proceeding or in connection with the administration and enforcement
by the Commission of the Federal securities laws or the Commission's
rules of practice.
Records in this system may, in the discretion of the Commission's
staff, be disclosed to any person during the course of any inquiry or
investigation conducted by the Commission staff, or in connection
with civil litigation, if the staff has reason to believe that the
person to whom the record is disclosed may have further information
about the matters related therein, and those matters appeared to be
relevant at the time to the subject matter of the inquiry.
A record or information in this system may be disclosed to any person
with whom the Commission contracts to reproduce, by typing, photocopy
or other means, any record within this system for use by the Commission
and its staff in connection with their official duties or to any person
who is utilized by the Commission to perform clerical or stenographic
functions relating to the official business of the Commission.
Records or information in records contained in this system may be
disclosed to members of advisory committees that are created by the
Commission or by the Congress to render advice and recommendations to
the Commission or to the Congress, to be used solely in connection
with their official, designated functions.
Records or information in the records in this system may be
disclosed as a routine use to any person who is or has agreed to be
subject to the Commission's rules of conduct, 17 CFR 202.785-1 et
seq., and who assists in the investigation by the Commission of
possible violations of Federal securities laws (as defined in section
21(g) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(g)), in
the preparation or conduct of enforcement actions brought by the
Commission for such violations, or otherwise in connection with the
Commission's enforcement or regulatory functions under the Federal
securities laws.
Disclosure may be made to a congressional office from the record of an
individual in response to an inquiry from the congressional office made
at the request of that individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in hard copy form and on magnetic tape and
cards.
Retrievability:
Hard copy records are accessed by name and/or file number assigned to
issuer. Computer tabulations derived from data contained in the hard
copy records are accessed by issuer or by name of reporting individual;
more specialized methods of accessing records may be developed upon
request.
Safeguards:
Records contain public information and are available through Public
Reference Section. Records are maintained in central records office, to
which access is limited to authorized personnel. That office is locked
at night and the building where the records are maintained has a 24hour security guard.
Retention and disposal:
These records are controlled by the file number and maintained in-house
at the Commission's central records office for three years, then
transferred to the Federal Records Center for storage. They are
destroyed in accordance with the Commission's formal Records Control
Schedule outlined at 17 CFR 299.80f.
System manager(s) and address:
Records Officer, Securities and Exchange Commission, 450 Fifth Street
NW, Washington, DC 20549.
Notification procedure:
All requests to determine whether this system of records contains a
record pertaining to the requesting individual may be directed to the
Privacy Act Officer, Securities and Exchange Commission, 450 Fifth
Street NW, Washington, DC 20549.
Record access procedures:
Persons wishing to obtain information on the procedures for gaining
access to or contesting the contents of these records may contact the
Privacy Act Officer, Securities and Exchange Commission, 450 Fifth
Street NW, Washington, DC 20549.
Contesting record procedures:
See Record access procedures above.
Record source categories:
Information is from public reports that are required by statute to be
filed with the Commission.
File Type | application/pdf |
File Title | System of Record Notice SEC-4: Beneficial Ownership, Acquisition, Tender Offer, and Solicitation Records Filed under the Securi |
Subject | SORN |
Author | US SEC |
File Modified | 2007-08-24 |
File Created | 2007-08-20 |