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Tuesday February 4 1947

FEDERAL REGISTER

789

CFR 249.310 as set forth below. The Commission finds that the adoption of these amendments to Item 8 of the in Title 38 Pensions, Bonuses, 8
structions to Form 10-K 17 CFR
and Veterans Relief 249.310 serves to grant to registrants Chapter I Veterans Administrarequired to file statements on Form 102.
Paragraph b of 240.16C-2 Rule K 17 CFR 249.310 and 1-MD 17 CFR
tion:
Part 01Organization________ _
795 X-16c-2, 11 F. R. 3023 is amended to 249.401 exemptions in the form of cer read as follows:
tain simplifications in the requirements Title 44 Public Property and 240.16c-2 Exemption from section for financial statements incorporated in Works 16 c of certain distributing and under the January 15, 1947, revision of Form Chapter V III U. S. Philippine writing transactions.
S -l 17 CFR, 239.11 adopted after the W ar Damage Commission:
b The exemptions granted by para proposed revisions had been widely dis Part 801 Organization________ . 813
graph a of this section shall be subject tributed for comment and suggestions Part 802Functions and and therefore that notice and public pro methods____________________ , 813 to the condition that, if the dealer is either 1 an officer or director of the cedure pursuant to section 4 a and b Part 803Public notice______
813
issuer 2 a firm of which an officer or of the Administrative Procedure Act are Part 815 General rules and director of the issuer is a partner, em tmnecessary and good cause exists for regulations-------------- -
813
ployee, appointee, nominee, or represent their omission with respect to these Title 46 Shippings ative, or 3 a corporation or other per amendments and that they may be de Chapter I Coast Guard: Inspec son in respect of which an officer or direc clared effective April 1, 1947. Accord tion and Navigation :
tor of the issuer is an officer, director, ingly, the amendments shall become ef Part 61Fire apparatus; fire employee, appointee, nominee, represent fective AprilT, 1947. However, as it ap prevention ocean and coastative or beneficial owner, directly or in pears that certain registrants may wish w is e ___________

807 directly, of more than 10 per centum of to apply the provisions of the amend Part 77Fire apparatus; fire any class of equity security, then one or ments prior to that date, the Commis prevention Great Lakes----807 more other persons who are not specified sion deeming the amendments exemptive Part 95Fire apparatus; fire or relieving restriction within the" mean in subparagraphs 1, 2, or 3 of this prevention bays, sounds, and paragraph shall have participated in the ing of section 4 c of the Administrative lakes other than Great distribution as members of the under Procedure Act, hereby declares that the Lakes_______________________ "808
writing group or, in the case of the sec amended instructions may be applied to Part 114Fire apparatus; fire ond exemption, the underwriting group statements filed with the Commission 808 or the selling group or both on terms at _ prevention rivers____
effective immediately.
Part 144Construction or ma least as favorable as those on which such 1. Items 8, paragraph 1 b 2 which terial alteration of passenger specified persons have participated and reads: Each of the subsidiaries included vessels of U. S. of 100 gross to an extent at least equal to the aggre is, in practical effect, an operating divi tons and over propelled by gate participation of all such specified sion of the registrant; and is deleted machinery_____________ ____
808 persons: Provided, That performance q f and the following substituted therefor:.
the functions of managerof a distribu Each of the subsidiaries included is a ting group and the receipt from the totally held subsidiary; and.
trative Procedure Act are unnecessary;
group of a bona fide payment for per 2. To instruction 1 of item 8, a new and that the amendments may be de forming such functions shall not be paragraph c is added reading as clared effective immediately pursuant to deemed to destroy an exemption which follows:
section 4 c of that act. Therefore the otherwise would be available pursuant to Commission, pursuant to the authority c No individual financial statements this section.
conferred upon it by the Securities Ex-?
need be filed for the registrant, however, Secs. 3 a 12, 16 b and c , 23 a , change Act of 1934, particularly sections if 1 consolidated financial statements 48 Stat. 882, 896, 901; 15 U. S. C. 78c, 78p, 3 a 12, 16 b and c and 23 a of the registrant and one or more of its 78w.
thereof, hereby takes the following ac subsidiaries are filed; 2 registrants tion:
. total assets, exclusive o f investments1in Effective: January 29,1947.
and advances to the consolidated sub 1. The first paragraph of paragraph By the Commission.
sidiaries, constitute 85% or more of the c of 240.16b-2 Rule X-16B-2, 17
seal O rval L. D u B ois , total assets as shown by the consolidated CFR is amended to read as follows:
Secretary.
balance sheet filed for the registrant and 240.16b-2 Exemption from section such subsidiaries; and 3 registrants P. R. Doc. 47-1013; Piled, Feb. 8, 1947;
16 b of certain distributing"and under total gross revenue for the period for 8:52 a. m.
writing transactions. -
which its profit and loss statement would c I f the person effecting such trans be filed, exclusive of interest and divi action is either 1 an officer or director dends received from the consolidated of the issuer. 2 a firm of which an subsidiaries, constitute 85% or more of P art 249 F orms P rescribed U nder the officer or director of the issuer is a part the total gross revenue as shown by the S ecurities Exchange A ct of 19341
ner, employee, appointee, nominee or consolidated profit and loss statement representative, or 3 a corporation or filed for the registrant and such sub ANNUAL REPORT OF CORPORATIONS
other person in respect o f which an sidiaries.
The Securities and Exchange Commis officer or director of the issuer is an 3. The present text of instruction. 2
sion, acting pursuant to authority con officer, director, employee, appointee, of Item 8 is designated paragraph a ferred upon it by the Securities Exchange nominee, representative or beneficial and a new paragraph is added reading Act of 1934, particularly sections 13, 15
owner, directly or indirectly, of more as follows:
d and 23 a thereof, and deeming than 10 per centum of any class of equity such action necessary and appropriate security, then one or more other persons b No consolidated financial state in the public interest and for the protec who are not specified in subparagraphs ments of the registrant and its subsidi 1, 2 or 3 of this paragraph shall tion of investors and necessary for the aries need be filed, however, if 1 reg have participated in the distribution as execution of the functions vested in it istrants individual statements are filed;
members of the underwriting group on by the said act, hereby amends the in 2 registrants total assets, exclusive of terms at least as favorable as those on structions to Item 8 of Form 10-K 17
investments in and advances to the con which such specified persons have par solidated subsidiaries, constitute 85% or ticipated and to an extent at least equal i Part 249 appears at 11 P. R. 177A-733.
more of the total assets as would be to the aggregate participation of all such Copies of forms and of instructions for their shown by the consolidated balance sheet specified persons: Provided, That per use may be obtained on request addressed to if filed for the registrant and its subsidi the Administrative Division of the Commis formance of the functions of manager aries; and 3 registrants total gross sion.
of a distributing group and the receipt
CODIFICATION GUIDE Con.

from the group of a bona fide payment for performing such functions shall not be deemed to destroy an exemption which otherwise would be available pursuant to this section.