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0. L.yu- fas-tr March 8, 1982 To the Addressee: Enclosed are copies of two pamphlets containing a consolidatipn of all outstanding amendments and supplements to Regulations G, T, and U of the Board of Governors of the Federal Reserve System. Additional copies of the enclosures will be furnished upon request. http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis _____________________ Circulars Division FEDERAL RESERVE BANK OF NEW YO^K ___ _ BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM AMENDMENTS TO REGULATIONS G, T, AND U SECURITIES CREDIT BY PERSONS OTHER THAN BANKS, BROKERS, OR DEALERS AMENDMENTS TO REGULATION G + SECTION 207.2 — DEFINITIONS E ffectiv e February 15, 1982, section 207.1 (h) and (i) are am ended by rem ovin g ex istin g (h) and (i), and replac * ing them with n ew paragraphs (h) and (i) to read as * * * * fo llo w s: (i) Indirectly secured. T he term “indirectly secu red ” SECTION 207.1 — GENERAL RULE in clu d es any arrangem ent with the cu stom er under w hich the cu stom er's right or ab ility to se ll, p led g e, or otherw ise d isp o se o f margin secu rities ow n ed by the cu stom er is in any w ay restricted as lon g as the credit rem ains outstand (h) Purpose and nonpurpose credit extended to the same customer. ing or under w h ich the ex erc ise o f such right is or m ay be cau se for acceleration o f the m aturity o f the credit. (1) T he lender shall identify all the collateral used to The foregoin g shall not apply: m eet the requirem ents o f § 2 0 7 .1 (c) (the entire credit (1 ) if, fo llo w in g ap plication o f the proceeds o f the being con sid ered a sin g le credit and collateral being sim i credit, not m ore than 25 percent o f the valu e o f the assets larly co n sid ered ) and shall not can cel the id en tification o f subject to the arrangem ent, as determ ined by any reason any portion th ereof ex cep t in circu m stan ces that would able m eth od , are m argin securities; permit the w ithdraw al o f that portion. Such identification m ay be m ade by any reasonable m ethod. (2 ) to a lending arrangem ent that perm its accelera tion o f the m aturity o f the credit as a result o f a default (2) For any credit exten d ed to the sam e cu stom er under, or the renegotiation o f the term s o f, another credit that is not subject to § 207.1 (c) the lender shall in good to the sam e cu stom er by another lender that is not an faith require as m uch collateral not so identified as w ould affiliate* o f the G -lender; or be required (if any) if the lender held neither the indebt (3 ) if the margin secu rities are held by the lender ed n ess subject to §.207.1 (c) nor the identified collateral. on ly in the cap acity o f cu stod ian , d ep ositary, or trustee, (i) Purpose credit secured by margin securities and other collateral. A lender m ay exten d credit for the or under sim ilar circu m stan ces, and the lender in good purpose o f purchasing or carrying margin secu rities s e eral in the ex ten sio n or m aintenance o f the particular cured by collateral other than margin secu rities, and, in credit. faith has not relied upon such margin secu rities as co lla t the case o f such credit, the m axim um loan value o f the collateral shall be as determ ined by the lender in good faith. E ffective February 15. 1982, section 2 0 7 .2 (i) is re vised to read as fo llo w s: * For this purpose the term "affiliate" shall mean a person that directly. or indirectly through one or more intermediaries, controls, or is controlled by. or is under common control with the lender t The complete Regulation is comprised of: 1) Regulation G, as amended effective June 1, 1977, printed in the pamphlet “ Securities Credit Transactions.” 2) The Supplement to Regulation G (section 207.5) dated February 1982. 3) This amendment. FEBRUARY 1982 CREDIT BY BROKERS AND DEALERS AMENDMENTS TO REGULATION T t E ffectiv e N o v em b er 3 , am ended; and effe ctiv e 1980, O ctober section 30, 2 2 0 .2 (f) 1978, is S ection 2 2 0 .3 (e ) is am ended by d eletin g the w ords “5- section day period” and substituting therefor for words “7-day 2 2 0 .2 ( f ) ( i) ( l) , (2) and (3) are revised as follow s: period”; SECTION 220.2 — DEFINITIONS S ection 2 2 0 .3 (f) is revised to read as follow s: * * * * * SECTION 220.3 — GENERAL ACCOUNTS (f) The term “m argin secu rity” m eans any registered * secu rity, O TC m argin sto ck , O T C m argin bond, or any (f) security issu ed by an op en -en d investm ent com p any or * * Extensions of time. * * If an appropriate com m ittee o f a national secu rities exch an ge or a national securities unit investm ent trust registered under section 8 o f the association is satisfied that the creditor is acting in good Investm ent C om p any A ct o f 1940 (15 U .S .C . 80a-8). faith in m aking the ap p lication , and that excep tion al cir cu m stan ces warrant such action , such com m ittee may * * * * * extend the 7-day period sp ecified in paragraph (b) o f this section for one or more lim ited periods com m ensurate (i) T he term “O T C m argin bon d ” m eans a debt secu ri with the circu m stan ces. A p p lication s should be filed and ty not traded on a national secu rities exch an ge w hich acted upon prior to the end o f the 7-day period or the m eets all o f the fo llo w in g requirem ents: expiration o f any subsequent exten sion . H ow ever, an (1 ) At the tim e o f the ex ten sio n o f credit, a principal application m ay be accep ted as tim ely filed from firms am ount o f not less than $ 2 5 ,0 0 0 ,0 0 0 o f the issu e is out having no direct electron ic a ccess to the exch an ge or standing. association if it is postm arked no later than m idnight o f (2 ) T he issu e w as registered under section 5 o f the the last day o f the 7-day period or any subsequent S ecu rities A ct o f 1933 and the issuer either files periodic exten sion . reports pursuant to section 13(a) or 15(d) o f the S ecu ri ties E xchan ge A ct o f 1934 or is an insurance com pany S ection 2 2 0 .3 (g )(3 ) is am ended by d eletin g the figure w h ich m eets all o f the con d ition s sp ecified in section " $ 1 0 0 ” and substituting therefor the figure " $ 5 0 0 ” ; 12 (g )(2 )(G ) o f the A ct. (3 ) At the tim e o f the ex ten sio n o f credit, the cred i E ffective June 2 , 1980. section s 2 2 0 .4 (c )(6 ) and (7) are tor has a reasonable basis for b eliev in g that the issuer is am ended; effe ctiv e July 12, 1978, section 2 2 0 .4 (f)(2 ) is not in default on interest or principal paym ents. am ended; effe ctiv e A ugust 11, 1980, section 2 2 0 .4 (g ) is am ended; effe ctiv e June 2 , 1980, section 2 2 0 .4 (h )(2 ) is E ffectiv e June 2 , 1980, sectio n s 2 2 0 .3(b)( 1 )(i) and (ii); am ended; 2 2 0 .3 (e ); 2 2 0 .3 (f) and 2 2 0 .3 ( g )( 3 ) are am ended to read and effe ctiv e O ctober 26, 1981, section 2 2 0 .4 (i) is am ended to read as fo llo w s: as fo llo w s: SECTION 220.4 — SPECIAL ACCOUNTS * S ectio n s 2 2 0 .3(b)( 1 )(i) and (ii) are am ended by d elet (c) ing the w ords “5 full b u sin ess d a y s” and substituting ★ therefor the w ords “7 full b u sin ess d a y s” ; * * * * * * Special cash account. * * + The complete Regulation comprises: 1) Regulation T, as amended effective June 1, 1977, printed in the pamphlet “Securities Credit Transactions." 2) The Supplement to Regulation T (section 220.8) dated February 1982. 3) These amendments. 2 (6) If an appropriate co m m ittee o f a national secu ri lender apart from the subordinated loan , that the loan w ill ties ex ch a n g e or a national secu rities association is satis not be used to increase the am ount o f d ealin g in securities fied that the creditor is acting in good faith in m aking the for the account o f the borrow er, his firm or corporation or ap p lication , that the application relates to a bona fide cash an affiliated corporation o f such firm or corporation. transaction, and that excep tion al circu m stan ces warrant * * * * * such a ction , such com m ittee (i) m ay extend any period sp ecified in subparagraphs (2 ), (3 ), (4 ), or (5) o f this (g) Specialist’s Account. (1 ) Applicability. In a sp e paragraph for on e or m ore lim ited periods com m ensurate c ia list’s accou n t, a creditor m ay clear and finan ce for a with the circu m sta n ces, or (ii). in case a security pur sp ecialist w h o is a m em ber o f a national secu rities e x chased by the cu stom er in the sp ecial cash account is a change the m em b er's sp ecialist transactions or transac m argin or exem p ted secu rity, m ay authorize the transfer tions o f any joint account in w hich all participants, or all o f the transactions to a general account special bond participants other than the creditor, are registered and act accou n t, sp ecial co n vertib le security accou n t, or special as sp ecia lists. The p rovision s o f this su b section are a v a il om nibus accou n t, and the com p letion o f such transaction able to a sp ecialist w h o is a m em ber o f a national secu ri pursuant to the p rovision s o f this part relating to such an ties exch an ge w h ich subm its to the Board o f G overnors account. A p p lication s under (i) ab ove should be filed and o f the Federal R eserve S ystem reports suitable for su p acted upon prior to the end o f the 7-day period or the p lyin g current inform ation regarding the use o f sp ecialist expiration o f any subsequent ex ten sio n . H ow ever, an credit. ap plication m ay be accep ted as tim ely filed from firm s (2) Definitions. For the purpose o f this subsection: h aving no direct electron ic a ccess to the exch an ge or (i) “Joint account" m eans an account in w hich association if it is postm arked no later than m idnight o f the creditor m ay participate and w hich by written agree the last day o f the 7-day period or any subsequent ment perm its the co m m in g lin g o f the security p osition s ex ten sio n . o f the participants and provides for a sharing o f profits and lo sses from the account on som e S ection 2 2 0 .4 (c )(7 ) is am ended by d eleting the figure predeterm ined ratio; “$ 1 0 0 ” and substituting therefor the figure " $ 500” . (ii) “U n d erlyin g secu rity” m eans the security w h ich w ill be d elivered upon exercise o f the option and d oes not include a security con vertib le into the underly * * * * * ing security; (iii) “O verlyin g op tion ” m eans (A ) a put option purchased or a call option written against an existin g long (f) * * * position in a sp ec ia list's or m arket-m aker’s accou n t, or (]) * * * (B ) a call option purchased or a put option written against a short p osition (2) *** (ii) in a sp ec ia list's or m arket-m aker’s account. (iv ) “ In or at the m oney," with respect to a call — Extend and m aintain a subordinated loan to another creditor for capital purposes: Provided, That op tion , indicates that the current market price o f the un (a) Either the lender or the borrower is a firm or corp o derlyin g security is not more than one standard exercise ration w hich is a m em ber o f a national securities e x interval b elow the ex erc ise price o f the op tion , and, with ch an ge or national secu rities asso cia tio n , the other party respect to a put op tion , that the current market price o f the to the credit is an affiliated corporation o f such firm or underlying security is not more than one standard ex er corporation, the credit is not in contravention o f any rule cise interval ab ove the ex ercise price o f the option. o f the ex ch a n g e or association and the credit has the (v) “ In the m o n e y ,” with respect to a call op tion , approval o f appropriate com m ittees o f the exch an ge or indicates that the current market price o f the underlying a sso cia tio n , or security is not b elow the ex ercise price o f the option and, (b) T he lender as w ell as the borrower is a creditor as with respect to a put op tion , that the current market price defined in section 2 2 0 .2 (b ), the subordinated loan agree o f the underlying security is not above the exercise price ment has the approval o f the appropriate E xam ining A u o f the op tion . thority as d efin ed in S ecu rities and E xchan ge C o m (3 ) Permitted offset positions. A sp ecialist in o p m ission R ule 15 c 3 - 1(c)( 12) (12 CFR 2 4 0 .1 5 c 3 - 1(c)( 12)) tions is perm itted to estab lish in this account on a share - and such E xam ining Authority is satisfied , in the case o f for-share b asis a lon g or short p osition in the secu rities a borrower w h o w ou ld be con sid ered a cu stom er o f the underlying the op tion s in w h ich the sp ecialist m akes a 3 t m arket, and a sp ecialist in secu rities other than op tion s is sp ecialist or perm itted offset positon p lu s, for a short perm itted to purchase or write op tion s ov erly in g the se cu p osition in a security other than an op tion , the current rities in w h ich the sp ecialist m akes a m arket, o n ly under market value o f the security sold short. on e or m ore o f the fo llo w in g con d ition s (such p osition s (6) Additional margin; “free-riding." E xcept as re are referred to in this paragraph as “perm itted offset quired by paragraph (g )(8 ), on any day w hen additional p o sitio n s”): margin is required as a result o f transactions in the a c (i) T he account h olds a short option position cou n t, the creditor shall issu e a call for a d ep osit o f cash w h ich is “ in or at the m o n ey ” and is not offset by a lon g or or secu rities h avin g loan value and m ay a llow the sp ec ia l short option p osition for an equal or greater num ber o f ist a m axim um o f fiv e full b u sin ess days to m ake a d ep o s shares o f the sam e underlying security w h ich is “ in the it sufficient to m eet the call. T o prevent “free-rid in g” in m o n ey ” ; (ii) T he account h old s a lon g option position the accou n t, a creditor w h o has not obtained this deposit (and is therefore required to liquidate su fficien t securities w h ich is “ in or at the m on ey” and is not offset by a lon g or to m eet the call) is prohibited for a 15 day period from short option p osition for an equal or greater num ber o f exten d in g any further credit in the account to finan ce shares o f the sam e underlying security w h ich is “in the transactions in secu rities in w h ich the sp ecialist is not m o n ey ” ; registered to m ake a m arket. T he acq u isition or liq u id a (iii) T he account held a short op tion position tion o f a perm itted offset p osition shall not be subject to against w h ich an ex erc ise n otice w as tendered; this “free-rid in g” p en alty. T he restriction on “free-rid (iv ) The account held a lon g option p osition ing" shall not apply ot any national secu rities exch an ge w h ich w as ex ercised ; adopting a “free-rid in g” rule applicable to sp ecialists (v ) T he account h olds a net lon g p osition in a w h ich has been approved by the S ecu rities and E xchan ge security (other than an op tion ) in w hich the sp ecialist C om m ission . (7) Withdrawals. On any day w hen a sp ecialist re m akes a market; or, (v i) The account h old s a net short position in a quests a withdraw al o f cash or secu rities from the a c security (other than an op tion ) in w h ich the sp ecialist cou n t. the creditor shall com p ute the status o f the account m akes a market. for n on -sp ecialist secu rities p osition s in accordance with (4) Maximum loan value. T he m axim um loan value the p rovision s o f section 2 2 0 .8 (the S upplem ent to R egu o f secu rities w h ich m ay be used as collateral in the ac lation T ), perm itted offset p osition s in accordance with count shall be: the p rovision s o f paragraphs (g )(4 )(ii) and (g )(5 )(ii), and sp ecialist p osition s on a “good faith" b asis. W ithdraw als (i) N o m ore than 100 per cent o f the current m ar ket value o f any lon g p osition in a security in w h ich the shall be perm itted to the extent that the adjusted debit sp ecialist m akes a market or a w h o lly -o w n ed margin balance in the account d oes not ex cee d the m axim um security; loan value o f all o f the collateral held in the account after the w ithdraw al has been m ade. (ii) 75 per cent o f the current market value o f any (8) Deficit accounts. On any day w hen the account underlying security or overlyin g op tion purchased and w ould liquidate to a d eficit, the creditor shall not extend held in the account as a perm itted offset position; (iii) The m axim um loan value prescribed by the any further credit in the accou n t, and shall issu e a call for Board in section 2 2 0 .8 (the S upplem ent to R egulation T) additional cash or collateral, w hich shall be m et by noon w hen a security purchased and held in the account d oes o f the fo llo w in g b u sin ess day. In the even t sufficient cash not qu alify as a sp ecialist or perm itted offset p osition . or collateral is not d ep osited the creditor shall liquidate (5) Adjusted debit balance. The am ount to be in ex istin g p osition s in the account. cluded in the adjusted debit balance o f the account shall * * * * * be: (i) N ot less than 100 per cent o f the current mar S ection 2 2 0 .4 (h )(2 ) is am ended by d eletin g the w ords ket value o f either a security sold short or an option “5 full b u sin ess days" and substituting therefor the w ords written w here such p osition q u alifies as a sp ecialist “7 full b u sin ess days". transaction; * (ii) 125 per cent o f the current market value o f any security sold short or option written and held in the (i) account as a perm itted offset P osition; * * * * Special bond account. (1 ) In a special bond account a creditor m ay extend (iii) The am ount prescribed by the Board in se c and m aintain credit on any exem p ted secu rity, registered tion 2 2 0 .8 (the S upplem ent to R egulation T ) w hen a non -eq u ity secu rity, or O TC margin bond. The m axi security sold short in the account d oes not qu alify as a m um loan value o f secu rities held in this account shall be 4 valu e, or other sim ilar m ech an ical m istak e, the creditor as prescribed from tim e to tim e in § 2 2 0 .8 o f this Fart (the S upplem ent to R egu lation T ). shall not be d eem ed gu ilty o f a violation o f this part if prom ptly after the d isco v ery o f such m istake he takes (2 ) Put and ca ll o p tion s on exem p ted securities may be issu ed , endorsed or guaranteed in this account if either w hatever action m ay be practicable in the circu m stan ces a security p osition in lieu o f margin (cover) is held in the to rem edy such m istake. account or the am ount o f m argin prescribed by the Board (k) Credit related to portion o f a security. Credit for from tim e to tim e § 2 2 0 .8 o f this part (the supplem ent to the purpose o f purchasing or carrying any part o f an R egulation T ) is included in the adjusted debit balance. investm ent contract security (for e x a m p le, but not lim ited (3 ) A security p osition held in the account may to, the cattle ow n ersh ip portion o f a program to ow n and serve in lieu o f the m argin required for w riting a call or a feed cattle, or the con d om in iu m ow n ersh ip part o f a pro gram to ow n and rent a unit through a rental pool or put, if the fo llo w in g con d ition s are met: oth erw ise) shall be d eem ed to be credit on the entire (i) For w riting a c a ll, the coverin g long security security. p osition shall be valued at no more than the exercise price o f the call or (ii) For w riting a put, the am ount o f margin re quired for a co v erin g short security p osition shall be E ffective February 15, 1982, section 2 2 0 .7 (a ) is re based on a valu e not less than the ex erc ise price o f the vised to read as fo llo w s: put. (4) A ny security p osition held in the account w hich SECTION 220.7 — MISCELLANEOUS PROVISIONS serves in lieu o f the margin required for a put or a call shall be u n available to support any other option transac tion in the account. (5 ) The cu stom er m ay either d esign ate at the tim e (a) Arranging fo r loans by others. A creditor m ay not the op tion order is entered w h ich security position held in arrange for the exten sion or m aintenance o f credit to or the account is to serve in lieu o f the m argin required or for any cu stom er by any person upon term s and co n d i have a standing agreem ent with the creditor as to the tions other than those upon w hich the creditor m ay h im m ethod to be used for m aking the determ ination on any s e lf exten d or m aintain under the p rovision s o f this Part, giv en day. excep t that this lim itation shall not apply to credit ar ranged for a cu stom er w hich d oes not violate Parts 207 * * * * and 221 o f this Chapter and results so le ly from: * (1) investm ent banking se rv ices, provided by the E ffective July 13, 1 981, section 2 2 0 .6 is am ended by creditor to the cu stom er, in clu d in g, but not lim ited to d eleting paragraph (j) in its en tirety, and redesignating paragraphs (k) and (1) as paragraphs (j) and underw ritings, private p lacem en ts, and ad vice and other (k) services in con n ection with exch an ge offers, m ergers and resp ectiv ely . acq u isition s, ex cep t for underw ritings that in volve the public distribution o f an equity security with installm ent SECTION 220.6 — CERTAIN TECHNICAL DETAILS or other deferred paym ent p rovision s; or (2 ) the sale o f non-m argin secu rities with in stall m ent or other deferred paym ent p rovision s if the sale is * * * * * exem p ted from the registration requirem ents o f the S ecu rities A ct o f 1933 under section 4 (2 ) or section 4 (6 ) o f the (j) Innocent mistakes. If any failure to com p ly with Act (15 U .S .C . § § 7 7 (d )(2 ) and (6 )). this part results from a m ech an ical m istake m ade in good faith in ex ecu tin g a transaction, recording, determ in in g, * * * * * or ca lcu latin g any lo a n , balance market price or loan 5 ■ CREDIT BY BANKS FOR THE PURPOSE OF PURCHASING OR CARRYING MARGIN STOCKS AMENDMENTS TO REGULATION U t E ffectiv e M arch 3 1 , 1 9 8 2 , se ctio n s 2 2 1 .1 (a ), (b) and subject to the arrangem ent, as d eterm ined by any reason (c); 2 2 1 .3 (a ), (m ). (p ), (q ), (r) (2 ), (s) and (t) (4); 2 2 1 .4 able m eth od , are m argin stock; (a) and (c) are am en ded by adding the w ord “ m argin" (2 ) to a len d in g arrangem ent that perm its a ccelera before the w ord “sto ck ” in every p lace that it appears. tion o f the maturity o f the credit as a result o f a default under, or the ren egotiation o f the term s o f, another credit E ffective February 15, 1982, section 2 2 1 .3 (c ) to the sam e cu stom er by another lender that is not an is affiliate* o f the bank; or am en ded by rev isin g it to read as fo llo w s: (3) if the m argin stock is held by the bank on ly in the cap acity o f cu stod ian , d ep ositary, or trustee, or under SECTION 221.3 — MISCELLANEOUS PROVISIONS * * * * sim ilar circu m sta n ces, and the bank in go o d faith has not relied upon such m argin stock as collateral in the e x te n * sion or m ainten an ce o f the particular credit. * * * * * (c) Indirectly secured. T he term “indirectly secured" in clu d es any arrangem ent w ith the cu stom er under w h ich the cu sto m er’s right or ab ility to s e ll. p led g e, or oth erw ise d isp o se o f m argin stock o w n ed by the cu stom er is in any w ay restricted as lon g as the credit rem ains outstanding or under w h ich the e x erc ise o f such right is or m ay be cau se *For this purpose the term “affiliate" shall mean a bank holding company of which the bank is a subsidiary within the meaning of the Bank Holding Company Act of 1956. as amended, or any other subsidiary of such bank holding company , or any other corporation, business trust, association or other similar organization which is an affiliate as defined in section 2 (b) of the Banking Act of 1933 (12 U.S.C. 221a). for a cceleration o f the m aturity o f the credit. T h e fo reg o in g shall not apply: (1 ) if, fo llo w in g app lication o f the p roceed s o f the credit, not m ore than 25 percent o f the value o f the assets + The complete Regulation is comprised of: 1) Regulation U, as amended effective June 1, 1977, printed in the pamphlet “ Securities Credit Transactions.” 2) The Supplement to Regulation U (section 221.4) dated February 1982. 3) These amendments. 6 A BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM SUPPLEMENTS TO REGULATIONS G, T, AND U SUPPLEMENT TO REGULATION G SECTION 207.5—SUPPLEMENT U nited States or S tate8 and it, or a p red ecessor in interest, has been in ex isten ce for at least 3 years, Maximum loan value of margin securities. (a) For the purpose o f § 2 0 7 .1 , the m axim u m loan valu e o f any (5) T he stock has been p u b licly traded for at least 6 m onth s, m argin secu rity, ex cep t con vertib le secu rities subject to (6) D aily q uotations for both bid and asked prices § 2 0 7 .1(d) and any put, call or com b ination thereof, shall for the stock are con tin u ou sly availab le to the general be 5 0 per cent o f its current market v a lu e, as determ ined p u b lic, and by any reasonable m ethod. N o put, call or com bination (7) There are 5 0 0 ,0 0 0 or m ore shares o f such stock thereof shall have any loan value for the purposes o f this outstanding in addition to shares held b en eficia lly by part. officers, directors, or b en eficial ow n ers o f m ore than 10 (b) Maximum loan value of convertible debt securi ties subject to §207.1(d). For the purpose o f § 2 0 7 .1 , the m axim um loan valu e o f any security against w hich credit is exten d ed pursuant to § 2 0 7 .1(d) shall be 5 0 per cent o f its current market v a lu e, as determ ined by any reasonable m ethod. (c) per cent o f the stock; and shall m eet tw o o f the three additional requirem ents that: (8) The shares d escribed in subparagraph (7) o f this paragraph have a market valu e o f at least $5 m illion , (9) T he m inim um average bid price o f such stock , as determ ined by the B oard, is at least $5 per share, and Retention requirement. For the purpose o f (1 0 ) The issuer had at least $5 m illion o f cap ital, § 2 0 7 .1 , in the ca se o f a loan w h ich w ould ex cee d the surplus, and u ndivided profits. m axim um loan value o f the collateral fo llo w in g a w ith drawal o f co lla tera l, the “ retention requirem ent” o f a (e) Requirements for continued inclusion on list of OTC margin stocks. E xcept as provided in subpara m argin security and o f a security against w h ich credit is graph (4 ) o f § 2 0 7 .2 (f), such stock shall m eet the require exten d ed pursuant to § 2 0 7 .1(d ) shall be 50 per cent o f its m ents that: current market v a lu e, as determ ined by any reasonable m ethod. under section 12(g)(1) o f the S ecu rities E xchan ge A ct o f (d) Requirements for inclusion on list of OTC mar gin stocks. E xcept as provided in subparagraph (4 ) o f com p any such issuer con tinu es to be subject to section (1) The stock con tinu es to be subject to registration 1934 (15 U .S .C . 7 8 /( g ) ( l) ) , or if issu ed by an insurance § 2 0 7 .2 (f), such stock shall m eet the requirem ents that: 12(g )(2 )(G ) (15 U .S .C . 7 8 /(g )(2 )(G )) and to have at least (1) T he stock is subject to registration under se c $1 m illion o f capital and surplus, or if issued by a clo sed - tion 1 2 (g )(1 ) o f the S ecu rities E xchan ge A ct o f 1934 end investm ent m anagem ent com p any such issuer c o n (15 U .S .C . 7 8 /(g )( 1)), is issu ed by an insurance com p any tinues to be subject to registration pursuant to section 8 o f subject to sectio n 1 2(g )(2 )(G ) (15 U .S .C . 7 8 /(g )(2 )(G )) the Investm ent C om p any A ct o f 1940 (15 U .S .C . 8 0 a -8 ), (2) Three or m ore dealers stand w illin g to, and do in that has at least SI m illion o f capital and surplus, or is issued by a clo sed -en d investm ent m anagem ent com pany fact, m ake a market in such stock and regularly subm it subject to registration pursuant to section 8 o f the In vest bona fide bids and offers to an autom ated quotations m ent C om pany A ct o f 1940 (15 U .S .C . 8 0 a -8 ), system for their ow n accou n ts. (2) Four or more dealers stand w illin g to. and do in (3) There continue to be 8 0 0 or m ore holders o f fact, m ake a market in such stock and regularly subm it record, as d efined in SEC Rule bona fide bids and offers to an autom ated quotations 2 4 0 .1 2 g 5 - 1), o f the stock w h o are not o fficers, d irectors, system for their ow n accou n ts, or b en eficial ow n ers o f 10 per cent or m ore o f the stock , (3) There are 1 ,2 0 0 or m ore holders o f record, as defined in SEC R ule 12 g 5 - 1 (17 C .F .R . 2 4 0 . 1 2 g 5 - l), o f 1 2 g 5 -l (17 C .F .R . or the average d aily trading volu m e o f such sto ck , as determ ined by the B oard, is at least 3 0 0 shares, the stock w h o are not o fficers, directors, or b en eficial (4) T he issuer con tin u es to be a U .S . corporation, ow n ers o f 10 per cent or m ore o f the stock , or the average (5) D aily quotations for both bid and asked prices daily trading v o lu m e o f such stock , as determ ined by the B oard, is at least 5 0 0 shares, (4) The issuer is organ ized under the law s o f the 8A s defined FEBRUARY 1982 in 15 U.S.C. 78c(a)(16). for the stock are con tin u ou sly availab le to the general determ ined by the Board, is at least $3 per share, and p u b lic, (9) (6 ) There are 3 0 0 ,0 0 0 or m ore shares o f such stock T he issuer con tin u es to have at least $ 2 .5 m illion o f cap ital, surplus, and u ndivided profits. outstanding in addition to shares held b en eficially by ( 0 Minimum equity ratio. The m inim um equity ratio o fficers, d irectors, or b en eficial ow n ers o f more than 10 o f a credit subject to § 2 0 7 .1 is zero per cent. For the per cent o f the stock; and shall m eet tw o o f the three period N ovem b er 5 , 1974 through N ovem b er 2 , 1975, all additional requirem ents that: sam e-d ay substitutions o f collateral perm itted by section (7 ) The shares describ ed in subparagraph (6) o f this 207.1 (j)(2) for credits in w h ich the eq u ity ratio equals or paragraph continue to have a market value o f at least $ 2 .5 e x cee d s the m inim um equity ratio shall a lso be perm itted m illio n , for all credits in w h ich the eq u ity ratio is less than the (8) The m inim um average bid price o f such stock , as m inim um eq u ity ratio. 2 SUPPLEMENT TO REGULATION T SECTION 220.8—SUPPLEMENT (a) Maximum loan value for general accounts. The maximum loan value o f securities in a general account subject to § 220.3 shall be: (1) O f a registered non-equity security held in the account on March 11, 1968, and continuously thereafter, and of a margin equity security (except as provided in §220.3(c) and paragraphs (b), (c), and (f) of this section), 50 per cent o f the current market value of such securities. (2) Of an exempted security held in the account on March 11, 1968, and continuously thereafter, the maxi mum loan value o f the security as determined by the creditor in good faith. (b) Maximum loan value for a special bond ac count. The maximum loan value of an exempted securi ty, an OTC margin bond, or a registered nonequity security which is not a put, call or combination thereof shall be as determined by the creditor in good faith. No put, call or combination thereof shall have any loan value. (c) Maximum loan value for special convertible debt security account. The maximum loan value of a margin security eligible for a special convertible security account pursuant to § 220.4(j) shall be 50 per cent o f the current market value of the security. (d) Margin required for short sales. The amount to be included in the adjusted debit balance o f a general account, pursuant to § 220.3(d)(3), as margin required for short sales of securities (other than exempted securi ties) shall be 50 per cent o f the current market value of each security. (e) Retention requirement. In the case of an account which would have an excess of the adjusted debit balance of the account over the maximum loan value o f the secu rities in the account following a withdrawal of cash or securities from the account, pursuant to § 220.3(b)(2): (1) The “ retention requirement” of an exempted security held in the general account on March 11, 1968, and continuously thereafter, shall be equal to its maxi mum loan value as determined by the creditor in good faith, and the "retention requirement” of a registered non-equity security held in such account on March 11, 1968, and continuously thereafter, and of a margin secu rity, shall be 50 per cent o f the current market value of the security. (2) In the case of a special bond account subject to §220.4(i), the retention requirement of an exempted se curity and o f a registered non-equity security shall be equal to the maximum loan value of the security. (3) In the case o f a special convertible security ac count subject to § 220.4(j) which would have an excess o f the adjusted debit balance o f the account over the maximum loan value of the securities in the account following a withdrawal of cash or securities from the account, the retention requirement of a security having loan value in the account shall be 50 per cent of the current market value of the security. (4) For the purpose o f effecting a transfer from a general account to a special convertible security account subject to § 220.4(j), the retention requirement of a secu rity described in § 220.4(j), shall be 50 per cent o f its current market value. (f) Securities having no loan value in a general ac count. No securities other than an exempted security or registered non-equity security held in the account on March 11, 1968, and continuously thereafter, and a mar gin security, shall have any loan value in a general account except that a margin security eligible for the special convertible debt security account pursuant to §220.4(j) shall have loan value only if held in the account on March 11, 1968, and continuously thereafter; and no put, call or combination thereof shall have loan value in a general account. (g) Account subject to section 8(g). For purposes of the computation described in § 220.3(b) (lK u), (1) The maximum loan value o f a registered non equity security held in the account on March 11, 1968, and continuously thereafter, and o f a margin equity secu rity shall be 100 per cent of the current market value of such security, and the maximum loan value of an exempt ed security held in the account on March 11, 1968, and continuously thereafter shall be the maximum loan value of the security as determined by the creditor in good faith. (2) The amount to be included in the adjusted debit balance of the account pursuant to § 220.3(d)(3) as mar gin required for short sales of securities (other than exempted securities) shall be zero per cent of the current market value of each security. (3) For the period November 5, 1974, through November 2, 1975, all transactions permitted by §§220.3(bX l) and 220.3(g) for accounts not subject to section 8(g) shall also be permitted in accounts subject to section 8(g). (h) Requirements for inclusion on list of OTC mar gin stocks. E xcept as provided in subparagraph (4 ) o f end in vestm en t m anagem en t com p any such issu er c o n § 2 2 0 .2 (e ), O TC m argin stock shall m eet the requirem ent the Investm ent C om p any A ct o f 1940 (15 U . S .C . 8 0 a -8 ), tinues to be subject to registration pursuant to section 8 o f (2) Three or m ore dealers stand w illin g to, and do in that: (1 ) T he stock is subject to registration under se c fact, m ake a market in such stock and regularly subm it tion 1 2 (g )(1 ) o f the S ecu rities E xchan ge A ct o f 1934 bona fide bids and offers to an autom ated quotations (15 U .S .C . 7 8 /(g )( 1)), is issu ed by an insurance com p any system for their ow n accou n ts. subject to sectio n 12(g )(2 )(G ) (15 U .S .C . 7 8 /(g )(2 )(G )) (3) There con tinu e to be 8 0 0 or m ore holders that has at least $1 m illion o f capital and surplus, or is o f record, as d efin ed in SE C R ule 1 2 g 5 -l (17 C .F .R . issu ed by a clo sed -en d investm ent m anagem ent com pany 2 4 0 -1 2 g 5 - 1), o f the stock w h o are not o fficer s, directors, subject to registration pursuant to section 8 o f the In vest or b en eficial ow n ers o f 10 per cent or m ore o f the stock , m ent C om p any A ct o f 1940 (15 U .S .C . 8 0 a -8 ), or the average daily trading volu m e o f such sto ck , as determ ined by the B oard, is at least 3 0 0 shares, (2) Four or m ore d ealers stand w illin g to, and do in (4) T he issuer con tin u es to be a U .S . corporation. fact, m ake a market in such stock and regularly subm it bona fide bids and offers to an autom ated quotations (5) D aily q uotations for both bid and asked prices for the stock are con tin u ou sly availab le to the general system for their ow n accou n ts. (3) There are 1 .2 0 0 or m ore holders o f record, as p u b lic, d efined in SEC R ule 1 2 g 5 -l ( 1 7 C .F .R . 2 4 0 . 1 2 g 5 - l ), o f (6 ) There are 3 0 0 ,0 0 0 or m ore shares o f such stock the stock w h o are not o fficers, directors or b en eficial outstanding in addition to shares held b en eficia lly by ow n ers o f 10 per cent or m ore o f the stock , or the average officers, directors or b en eficial ow n ers o f m ore than 10 daily trading v o lu m e o f such stock , as determ ined by the per cent o f the stock; and shall m eet tw o o f the three B oard, is at least 5 0 0 shares. additional requirem ents that: (4 ) T he issuer is organ ized under the law s o f the (7 ) T he shares described in subparagraph (6) o f this U nited States or a State6 and it. or a p red ecessor in inter paragraph con tinu e to have a m arket valu e o f at least $ 2 .5 est, has been in ex isten ce for at least 3 years, m illio n , (8) The m inim u m average bid price o f such stock , as (5 ) T h e stock has been p u b licly traded for at least 6 determ ined by the B oard, is at least $3 per share, and m onths. (9) T he issuer con tin u es to have at least $ 2 .5 m illion (6) D a ily q uotations for both bid and asked prices o f cap ital, surplus, and un d ivid ed profits. for the stock are con tin u ou sly availab le to the general (j) p u b lic, and Margin required for the writing of options. (7) There are 5 0 0 .0 0 0 or more shares o f such stock (1) T he am ount to be included in the adjusted debit outstanding in addition to shares held b en eficia lly by balance o f a general accou n t, sp ecial bond accou n t, or o fficers, directors or b en eficial ow n ers o f m ore than 10 special con vertib le debt security account pursuant to per cent o f the stock; and shall m eet tw o o f the three paragraphs (d )(5) and (i) o f § 2 2 0 .3 o f this part, as the additional requirem ents that: m argin required for the issu an ce, en d orsem en t, or guar antee o f any put or call on an eq u ity security shall be 30 (8 ) T he shares describ ed in subparagraph (7) o f this percent o f the current market valu e o f the underlying paragraph have a market value o f at least $5 m illion . security with an adjustm ent for any ap p licab le increase or (9) The m inim um average bid price o f such stock , as reduction. determ ined by the B oard, is at least S5 per share, and (2 ) T he am ount to be included in the adjusted debit (1 0 ) T he issuer had at least $5 m illion o f capital, surplus, and u ndivided profits. balance o f an account pursuant to § 2 2 0 .4 (i) o f this part as (i) Requirements for continued inclusion on list of OTC margin stocks. E xcept as provided in subpara the m argin required for the issu a n ce, en d orsem en t, or graph (4) o f § 2 2 0 .(e ). O TC margin stock shall m eet the the security p osition to be held in lieu o f m argin shall be requirem ents that: eq u ivalen t to (i). T he am ount sp ec ified by the rules o f the guarantee o f a put or call on an exem p ted debt security or (1) T he stock con tin u es to be subject to registration national secu rities exch an ge on w h ich the op tion is traded under sectio n 12(g)( 1) o f the S ecu rities E xchan ge A ct o f provided that all such rules have been approved or 1934 (15 U .S .C . 7 8 /(g )( 1)), or if issu ed by an insurance am ended by the S ecu rities and E xch an ge C o m m ission com p any such issuer con tin u es to be subject to section pursuant to section s 19(b) or 19(c) o f the S ecu rities E x 1 2 (g )(2 )(G ) (15 U .S .C . 7 8 /(g )(2 )(G )) and to have at least ch an ge A ct o f 1934, or (ii) in the case o f an op tion on an $1 m illion o f capital and surplus, or if issu ed by a clo sed - exem p ted debt security w h ich is not traded on an e x ch an ge an am ount or security p osition w h ich the creditor in good faith d eem s to be eq u ivalen t to the m argin or the cover on com parable exch an ge-traded op tion s. 6A s defined in 15 U.S.C. 78c(aX 16) 4 A ____ SUPPLEMENT TO REGULATION U SECTION 221.4—SUPPLEMENT United States or a State12 and it, or a predecessor in interest, has been in existence for at least 3 years, (5) The stock has been publicly traded for at least 6 months, (6) Daily quotations for both bid and asked prices for the stock are continuously available to the general public, and (7) There are 500,000 or more shares of such stock outstanding in addition to shares held beneficially by officers, directors, or beneficial owners of more than 10 per cent o f the stock; and shall meet two o f the three additional requirements that: (8) The shares described in subparagraph (7) of this paragraph have a market value of at least $5 million, (9) The minimum average bid price of such stock, as determined by the Board, is at least $5 per share, and (10) The issuer had at least $5 million of capital, surplus, and undivided profits. (e) Requirements for continued inclusion on list of OTC margin stocks. Except as provided in subpara graph (4) of § 221.3(d), OTC margin stock shall meet the requirements that: (1) The stock continues to be subject to registration under section 12(g)( 1) o f the Securities Exchange Act of 1934 (15 U .S.C . 78/(g)( 1)), or if issued by an insurance company such issuer continues to be subject to section 12(g)(2)(G) (15 U .S.C . 78/(g)(2)(G)) and to have at least $1 million o f capital and surplus, or if issued by a closedend investment management company such issuer con tinues to be subject to registration pursuant to section 8 of the Investment Company Act o f 1940 (15 U.S.C. 80a-8), (2) Three or more dealers stand willing to, and do in fact, make a market in such stock and regularly submit bona fide bids and offers to an automated quotations system for their own accounts, (3) There continue to be 800 or more holders of record, as defined in SEC Rule 12 g5-1 (17 C.F.R. 240.12g 5 -1), of the stock who are not officers, directors, or beneficial owners of 10 per cent or more of the stock, or the average daily trading volume of such stock, as determined by the Board, is at least 300 shares, (4) The issuer continues to be a U.S. corporation, (5) Daily quotations for both bid and asked prices (a) Maximum loan value of stocks. For the purpose of §221.1, the maximum loan value o f any stock except puts, calls, and combinations thereof, whether or not registered on a national securities exchange, shall be 50 per cent of its current market value, as determined by any reasonable method. Puts, calls, and combinations thereof shall have no loan value. (b) Maximum loan value of convertible debt securi ties subject to §221.3(t). For the purpose of §221.3(t), the maximum loan value of any security against which credit is extended pursuant to §221.3(t) shall be 50 per cent of its current market value, as determined by any reasonable method. (c) Retention requirement. For the purpose of §221.1, in the case of credit which would exceed the maximum loan value of the collateral following a with drawal of collateral, the “ retention requirement” o f a stock, whether or not registered on a national securities exchange and of a convertible debt security subject to §221,3(t), shall be 50 per cent of its current market value, as determined by any reasonable method. (d) Requirements for inclusion on list of OTC mar gin stocks. Except as provided in subparagraph (4) of §221.3(d), OTC margin stock shall meet the require ments that: (1) The stock is subject to registration under sec tion 12(g)(1) of the Securities Exchange Act of 1934 (15 U .S.C. 78/(g)(l)), is issued by an insurance company subject to section 12(g)(2)(G) (15 U .S.C. 78/(g)(2)(G)) that has at least $1 million of capital and surplus, or is issued by a closed-end investment management company subject to registration pursuant to section 8 of the Invest ment Company Act of 1940 (15 U .S.C. 80a-8), (2) Four or more dealers stand willing to, and do in fact, make a market in such stock and regularly submit bona fide bids and offers to an automated quotations system for their own accounts, (3) There are 1,200 or more holders of record, as defined in SEC Rule 12g5-l (17C .F .R . 240 12g5-l), of the stock who are not officers, directors, or beneficial owners of 10 per cent or more of the stock, or the average daily trading volume o f such stock, as determined by the Board, is at least 500 shares, (4) The issuer is organized under the laws of the I2As defined in 15 U.S.C 78c(a)(l6). 5 for the stock are continuously available to the general public, and (6) There are 300,000 or more shares of such stock outstanding in addition to shares held beneficially by officers, directors or beneficial owners of more than 10 per cent of the stock and shall meet two of the three additional requirements that: (7) The shares described in subparagraph (6) of this paragraph continue to have a market value of at least $2.5 million, (8) The minimum average bid price of such stock, as determined by the Board, is at least $3 per share, and (9) The issuer continues to have at least $2.5 million of capital, surplus, and undivided profits. (f) Minimum equity ratio. The minimum equity ratio o f a credit subject to § 221.1 is zero per cent. For the period November5, 1974through November 2, 1975, all same-day transactions permitted by section 221.1 (c) for credits in which the equity ratio is equal to or exceeds the minimum equity ratio shall also be permitted for those credits in which the equity ratio is less than the minimum equity ratio. 6