Section 220. Exemption from subsection C of the Act of sales of securities to be acquired

A. Whenever any person is entitled, as an incident to his ownership of an issued security and without the payment of consideration, to receive another security "when issued" or "when distributed", the security to be acquired shall be exempt from the operation of subsection C of the Act (Section 38.2-214 of the Code of Virginia), provided that:

1. The sale is made subject to the same conditions as those attaching to the right of acquisition, and

2. Such person exercises reasonable diligence to deliver such security to the purchaser promptly after his right of acquisition matures, and

3. Such person reports the sale on the appropriate form for reporting transactions by persons subject to subsection A of the Act.

B. This section shall not be construed as exempting transactions involving both a sale of a security "when issued" or "when distributed" and a sale of the security by virtue of which the seller expects to receive the "when-issued" or "when-distributed" security, if the two transactions combined result in a sale of more units than the aggregate of those owned by the seller plus those to be received by him pursuant to his right of acquisition.

Historical Notes

Derived from Regulation 5, Case No. 18773, Rule 22, eff. April 1, 1970.

Statutory Authority

§ 38.2-214 of the Code of Virginia.