Former Rule G-36. (a)
Definitions. For purposes of this rule, the following items
have the following meanings:
(i) The term "final official statement" shall mean
a document or documents defined in Securities Exchange Act rule
15c2-12(f)(3).
(ii) The term "primary offering" shall mean an offering
defined in Securities Exchange Act rule 15c2-12(f)(7).
(iii) The term "advance refunding documents" shall
mean the refunding escrow trust agreement or its equivalent.
(iv) The term “new issue disclosure period” shall
mean the period defined in Rule G-32(d)(ii).
(v) The term “underwriter” shall mean any person
defined in Securities Exchange Act rule 15c2-12(f)(8).
(b) Delivery Requirements for Issues
Subject to Securities Exchange Act Rule 15c2-12.
(i) Each broker, dealer or municipal securities dealer that
acts as an underwriter in a primary offering of municipal securities
subject to Securities Exchange Act rule 15c2-12 shall send to
the Board or its designee, within one business day after receipt
of the official statement from the issuer or its designated
agent, but no later than 10 business days after any final agreement
to purchase, offer, or sell the municipal securities, the final
official statement and completed Form G-36(OS) prescribed by
the Board, including the CUSIP number or numbers for the issue.
(ii) If the issue advance refunds an outstanding issue of municipal
securities and an advance refunding document is prepared by
or on behalf of the issuer, each broker, dealer or municipal
securities dealer that acts as an underwriter in such issue
also shall send to the Board or its designee, within five business
days of delivery of the securities by the issuer to the broker,
dealer, or municipal securities dealer, the advance refunding
document and completed Form G-36(ARD) prescribed by the Board,
including reassigned CUSIP number or numbers for the refunded
issue, if any.
(c) Delivery Requirements for Issues
not Subject to Securities Exchange Act Rule 15c2-12.
(i) Subject to paragraph (iii) below, each broker, dealer,
or municipal securities dealer that acts as an underwriter in
a primary offering of municipal securities not subject to Securities
Exchange Act rule 15c2-12 for which an official statement in
final form is prepared by or on behalf of the issuer shall send
to the Board or its designee, by the later of one business day
after delivery of the securities by the issuer to the broker,
dealer, or municipal securities dealer or one business day after
receipt of the official statement in final form from the issuer
or its designated agent, the official statement in final form
and completed Form G-36(OS) prescribed by the Board, including
the CUSIP number or numbers for the issue.
(ii) if the issue advance refunds an outstanding issue of municipal
securities and both an official statement in final form and
an advance refunding document are prepared by or on behalf of
the issuer, each broker, dealer, or municipal securities dealer
that acts as an underwriter in such issue also shall send to
the Board or its designee, within five business days of delivery
of the securities by the issuer to the broker, dealer, or municipal
securities dealer, the advance refunding document and completed
Form G-36(ARD) prescribed by the Board, including reassigned
CUSIP number or numbers for the refunded issue, if any.
(iii) This section shall not apply to a primary offering of
municipal securities, regardless of the amount of the issue,
if:
(A) the issue qualifies for an exemption set forth in paragraph
(1)(i) of section (d) of Securities Exchange Act rule 15c2-12;
or
(B) the issue consists of commercial paper that qualifies
for an exemption set forth in paragraph (1)(ii) of section
(d) of Securities Exchange Act rule 15c2-12, but only if the
official statement in final form, if any, used in connection
with such offering: (1) has previously been properly submitted
to the Board or its designee in connection with a prior primary
offering and (2) has not been supplemented, amended or "stickered"
subsequent to such prior submission.
(d) Amended Official Statements.In the event a broker, dealer, or municipal securities dealer provides to the Board or its designee an official statement pursuant to section (b) or (c) above, and the official statement is amended or “stickered” by the issuer during the new issue disclosure period, such broker, dealer, or municipal securities dealer must send to the Board or its designee, within one business day after receipt of the amended official statement from the issuer or its designated agent, the amended official statement and an amended Form G-36(OS) as prescribed by the Board, including: the CUSIP number or numbers for the issue; the fact that the official statement previously had been sent to the Board or its designee and that the official statement has been amended.
(e) Cancellation of Issue. In the event a broker, dealer
or municipal securities dealer provides to the Board or its designee
the documents and written information referred to in sections
(b) or (c), above, but the issue is later cancelled, the broker,
dealer, or municipal securities dealer shall notify the Board
or its designee of this fact promptly in writing.
(f) Underwriting Syndicate. In the event a syndicate or
similar account has been formed for the underwriting of a primary
offering of municipal securities, the managing underwriter shall
take the actions required under the provisions of this rule and
comply with the recordkeeping requirements of rule G-8(a)(xv).
(g) Method of Delivery. A broker, dealer or municipal
securities dealer that submits documents or forms required to
be sent to the Board or its designee pursuant to section (b),
(c) or (d) above shall either:
(i) send two copies of each such document or form to the Board
or its designee by certified or registered mail, or some other
equally prompt means that provides a record of sending; or
(ii) submit an electronic version of each such document or
form to the Board or its designee in such format and manner
specified in the current Form G-36 Manual.
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