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Remedies and Penny Stock Reform Act of 1990), Sections 504(b) and
Federal Home Loan Mortgage Corporation Act, Section 306 (a), (g) (12
Liability Risk Retention Act of 1986, Sections 2(a)(4), 5 (15 U.S.C. 3901,
Higher Education Act of 1965, Section 439(1) (20 U.S.C. 1087–2())
Internal Revenue Code of 1986, Sections 103, 401, 403, 404, 414, 501,
521, 851 Employee Retirement Income Security Act, Section 3(21) (29 U.S.C.
of a Bank," Rule G-1 Index to Appendix
649 650 651
SECURITIES ACT OF 1933 (References in brackets ( ) are to title 15, United States Code) AN ACT To provide full and fair disclosure of the character of securities sold in
interstate and foreign commerce and through the mails, and to prevent frauds in the sale thereof, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. (77a) This title may be cited as the “Securities Act of 1933”.
DEFINITIONS SEC. 2. (77b) When used in this title, unless the context otherwise requires
(1) The term "security" means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a “security", or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase,
any of the foregoing. (2) The term “person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision thereof. As used in this paragraph the term “trust” shall include only a trust where the interest or interests of the beneficiary or beneficiaries are evidenced by a security.
(3) The term "sale" or "sell” shall include every contract of sale or disposition of a security or interest in a security, for value. The term "offer to sell”, "offer for sale", or "offer" shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms defined in this paragraph and the term “offer to buy" as used in subsection (c) of section 5 shall not include pre