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PART 287 GENERAL RULES AND REG- port containing the information and
ULATIONS PURSUANT TO SECTION documents specified in Schedule A (17 11(a) OF THE ASIAN DEVELOPMENT CFR 287.101) below. The term “sell” as BANK ACT
used in this rule and in Schedule A means
the making of a completed sale or a firm Sec. 287.1 Applicability of this Part.
commitment to sell. 287.2 Periodic reports.
8 287.4 Preparation and filing of re287.8 Reports with respect to proposed
(a) Every report required by this reg287.4 Preparation and Aling of reports. ulation shall be filed under cover of a 287.101 Schedulo A. Information required
letter of transmittal which shall state in reports pursuant to $ 287.3. the nature of the report and indicate the AUTHORITY:The provisions of this Part 287 particular rule and subdivision thereof are issued under sec. 11, 80 Stat. 73; 22 U.S.C.
pursuant to which the report is filed. At 285b.
least the original of every such letter SOURCE: The provisions of this Part 287 shall be signed on behalf of the Bank contained in ADI, 33 F.R. 259, Jan. 9, 1968,
by a duly authorized officer thereof. unless otherwise noted.
(b) Two copies of every report, includ§ 287.1 Applicability of this Part.
ing the letter of transmittal, exhibits and This Part (Regulation AD) prescribes
other papers and documents comprising the reports to be filed with the Securities
a part of the report, shall be filed with and Exchange Commission by the Asian
the Commission. Development Bank pursuant to section
(c) The report shall be in the English 11(a) of the Asian Development Bank
language. If any exhibit or other paper or document filed with the report is in a
foreign language, it shall be accompanied $ 287.2 Periodic reports.
by a translation into the English lan(a) Within 60 days after the end of guage. each of its fiscal quarters, the Bank shall (d) Reports pursuant to Rule 3 (17 file with the Commission the following CFR 287.3) may be filed in the form of Information:
a prospectus to the extent that such (1) Information as to any purchases or prospectus contains the information sales by the Bank of its primary obliga- specified in Schedule A (17 CFR 287.101). tions during such quarter.
8 287.101 Schedule A. Information re(2) Copies of the Bank's regular quar
quired in reports pursuant to § 287.3. terly financial statement. (3) Copies of any material modifica
This schedule specifies the information tons or amendments during such quar
and documents to be furnished in & reter of any exhibits (other than (1) con
port pursuant to Rule 3 (17 CFR 287.3) stituent documents defining the rights of
with respect to a proposed distribution holders of securties of other issuers
of primary obligations of the Bank. Inguaranteed by the Bank, and (11) loans
formation not available at the time of and guaranty agreements to which the
filing the report shall be filed as Bank is a party) previously filled with the promptly thereafter as possible. Commission under any statute.
Item 1. Description of obligations. As to (b) Copies of each annual report of each issue of primary obligations of the Bank the Bank to its Board of Governors shall which is to be distributed, furnish the folbe filed with the Commission within 10
(a) The title and date of the issue. days after the submission of such report (b) The interest rate and interest payto the Board of Governors.
ment dates. $287.3 Reports with respect to proposed
(c) The maturity date or, if serial, the
plan of serial maturities. If the maturity of distribution of primary obligations.
the obligation may be accelerated, state the The Bank shall file with the Commis circumstances under which it may be so sion, not less than seven days prior to
(d) A brief outline of (1) any redemption the date on which it proposes to sell any
provisions and (2) any amortization, sinkof its primary obligations in connection
ing fund or retirement provisions, stating with a distribution of such obligations in
the annual amount, if any, which the Bank the United States, or such shorter period will be under obligation to apply for the as the Commission may authorize, a re- satisfaction of such provisions.
(e) I secured by any len, the kind and priority thereof, and the nature of the property subject to the lien; 11 any other indebtedness is secured by an equal or prior llen on the same property, state the nature of such other liens.
(1) If any obligations issued or to be Issued by the Bank will, as to the payment of interest or principal, rank prior to the obligations to be distributed, describe the nature and extent of such priority.
(g) Outline briefly any provisions of the governing instruments under which the terms of the obligations to be distributed may be amended or modified by the holders thereof or otherwise.
(h) Outline briefly any other material provisions of the governing instruments pertaining to the rights of the holders of the obligations to be distributed or pertaining to the duties of the Bank with respect thereto.
(1) The name and address of the fiscal or paying agent of the Bank, if any.
Item 2. Distribution of obligations. (a) Outline briefly the plan of distribution of the obligations and state the amount of the participation of each principal underwriter, 11 any.
(b) Describe any arrangements known to the Bank or to any principal underwriter named above designed to stabilize the market for the obligations for the account of the Bank or the principal underwriters as a group and indicate whether any transactions have already been effected to accomplish that purpose.
(c) Describe any arrangements for withholding commissions, or otherwise, to hold each underwriter or dealer responsible for the distribution of his participation.
Item 3. Distribution spread. The following information shall be given, in substantially the tabular form indicated, as to all obligations which are to be offered for cash (estimate, if necessary):
Item 4. Discounts and commissions to subunderwriters and dealers. Stato briefly the discounts and commission to be allowed or paid to dealers. I any dealers are to act in the capacity of subunderwriters and are to be allowed or paid any additional discounts or commissions for action in such capacity. . general statement to that effect will sunce, without giving the additional amounts to be 80 paid.
Item 5. Other expenses of distribution, Furnish a reasonably itemized statement of all expenses of the Bank in connection with the issuance and distribution of the obligations, except underwriters' or dealers' discounts and commissions.
Instruction. Insofar as practicable, the Itemization shall include transfer agents' fees, cost of printing and engraving, and legal and accounting fees. The information may be given as subject to furiure contingencies. If the amounts of any items are not known, estimates, designated as such, shall be given.
Item 6. Application of proceeds. Make a reasonably itemized statement of the purposes, so far as determinable, for which the net proceeds to the Bank from the obligations are to be used, and state the approxiamount to be used for each such purpose.
Item 7. Exhibits to be furnished. The following documents shall be attached to or otherwise furnished as a part of the report:
(a) Copies of the constituent instruments defining the rights evidenced by the obligations.
(b) Copies of an opinion of counsel, in the English language, as to the legality of the obligations.
(c) Copies of all material contracts pertaining to the issuance or distributions of the obligations, to which the Bank or any principal underwriter of the obligations is or is to be a party, except selling group agreements.
(d) Copies of any prospectus or other sales literature to be provided by the Bank or any of the principal underwriters for general use in connection with the initial distribution of the obligations to the public.
A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the CFR Index to the Code of Federal Regulations which is published separately and revised annually.
Table of CFR Titles and Chapters
Table of CFR Titles and Chapters
(As of March 18, 1977)
Title 1-General Provisions Chap.
I Administrative Committee of the Federal Register (Parts 0–49) II Office of the Federal Register (Parts 50–299) III Administrative Conference of the United States (Parts 300–399) IV Miscellaneous Agencies (Privacy Regulations) (Part 400-end)
Title 3—The President
IV Codified Text of Selected Presidential Documents
Title 3A—The President, Appendix
Title 4-Accounts 1 General Accounting Office (Parts 0-99) II Federal Claims Collection Standards (General Accounting Of
fice-Department of Justice) (Parts 100–299) III Cost Accounting Standards Board (Parts 300-499)
Title 5—Administrative Personnel I Civil Service Commission (Parts 0–1199) III Office of Management and Budget (Parts 1300–1399) IV Advisory Committee on Federal Pay V The International Organizations Employees Loyalty Board (Parts
1500-1599) VI Department of Defense (Parts 1600-1699) VII Advisory Commission on Intergovernmental Relations (Parts
1700-1799) IX Appalachian Regional Commission (Parts 1900–1999)
X National Capital Housing Authority (Parts 2000-2099) XI United States Soldiers' and Airmen’s Home (Parts 2100–2199) XII District of Columbia Redevelopment Land Agency (Parts 2200–
2299) XIV Federal Labor Relations Council and Federal Service Impasses
Panel (Parts 2400–2499) XV National Study Commission on Records and Documents of Federal Officials (Parts 2500–2599)