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System name:
Notification of Exemption from Registration under the Securities Act of
1933--SEC.
System location:
These records are maintained in the Commission's Regional and District
Offices for the geographical areas covered by those offices. Duplicate
copies also may be maintained in the headquarters office in Washington,
DC.
Categories of individuals covered by the system:
Records include information on officers, directors, principal
shareholders, and certain other persons having a relationship with or a
transaction with a registrant that has utilized one of the exemptions,
such as Regulations A, B, E and Rule 146F under the Securities Act of
1933.
Categories of records in the system:
The records describe the individual's relationship to a registrant and
other relevant material business information about the individual.
Authority for maintenance of the system:
Title 15, United States Code, Section 77c(b).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and the information in the records may be used as
follows:
1. By SEC personnel in processing registration statements and
periodic reports and other documents required to be filed with the
Commission under provisions of the Federal securities laws; may also
be used in responding to inquiries from Members of Congress or the
public concerning a registrant and in preparing no-action letters.
2. By SEC personnel for purposes of investigating possible
violations of the Federal securities laws. 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 selfregulatory 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.
3. 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.
4. 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.
5. 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.
6. 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 request 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.
7. 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.
8. 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 of 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 are stored on shelving.
Records or portions of records may be maintained in machine readable
form.
Retrievability:
Records are accessed by name and/or file number assigned to applicant.
Individual name access is available through the Commission's NameRelationship Index system.
Safeguards:
Records contain public information and are available through Public
Reference Section. Records are maintained in central records office,
which is locked at night.
Retention and disposal:
These records are controlled by file number. They are destroyed ten
years after completion or termination of the offering, or by an order
of the Commission that permanently suspends the exemption, whichever
comes first, in accordance with the formal Records Control Schedule
outlined at 17 CFR 200.80f.
System manager(s) and address:
Records Officer, Office of Filings and Information Services,
Securities and Exchange Commission, Operations Center, 6432 General
Green Way, Mail Stop A-1, Alexandria, VA 22312-2413.
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,
Operations Center, 6432 General Green Way, Mail Stop O-5, Alexandria,
VA 22312-2413.
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, Operations
Center, 6432 General Green Way, Mail Stop O-5, Alexandria, VA 223122413.
Contesting record procedures:
See Record access procedures above.
Record source categories:
Documents and other information required to be filed under Regulations
A, B, E, and F, and Rule 146 promulgated pursuant to provisions of the
Securities Act of 1933.
File Type | application/pdf |
File Title | System of Record Notice SEC-3: Notification of Exemption from Registration under the Securities Act of 1933 |
Author | US SEC |
File Modified | 2007-08-24 |
File Created | 2007-08-17 |