Title 15Commerce and TradeRelease 119-73

§77iii Effective time of qualification

Title 15 › Chapter CHAPTER 2A— - SECURITIES AND TRUST INDENTURES › Subchapter SUBCHAPTER III— - TRUST INDENTURES › § 77iii

Last updated Apr 6, 2026|Official source

Summary

An indenture becomes qualified when the related security’s registration is effective, or when an application to qualify the indenture itself becomes effective under section 77ggg. Once an indenture is qualified, the Commission cannot issue a stop order to suspend the registration or the indenture’s qualification except for the specific reasons listed in section 77h or if the issuer failed to file the application required by section 77eee(b)(2). New or changed rules, regulations, or orders do not change how an already-qualified indenture is treated, except as allowed by subsection (a) of section 77nnn. A trustee of a qualified indenture is not liable just because the indenture does not comply with this subchapter or its rules. The Commission also may not use this subchapter to investigate or enforce whether the indenture’s terms are being followed.

Full Legal Text

Title 15, §77iii

Commerce and Trade — Source: USLM XML via OLRC

(a)The indenture under which a security has been or is to be issued shall be deemed to have been qualified under this subchapter—
(1)when registration becomes effective as to such security; or
(2)when an application for the qualification of such indenture becomes effective, pursuant to section 77ggg of this title.
(b)After qualification has become effective as to the indenture under which a security has been or is to be issued, no stop order shall be issued pursuant to section 77h(d) of this title, suspending the effectiveness of the registration statement relating to such security or of the application for qualification of such indenture, except on one or more of the grounds specified in section 77h of this title, or the failure of the issuer to file an application as provided for by section 77eee(b)(2) of this title.
(c)The making, amendment, or rescission of a rule, regulation, or order under the provisions of this subchapter (except to the extent authorized by subsection (a) of section 77nnn of this title with respect to rules and regulations prescribed pursuant to such subsection) shall not affect the qualification, form, or interpretation of any indenture as to which qualification became effective prior to the making, amendment, or rescission of such rule, regulation, or order.
(d)No trustee under an indenture which has been qualified under this subchapter shall be subject to any liability because of any failure of such indenture to comply with any of the provisions of this subchapter, or any rule, regulation, or order thereunder.
(e)Nothing in this subchapter shall be construed as empowering the Commission to conduct an investigation or other proceeding for the purpose of determining whether the provisions of an indenture which has been qualified under this subchapter are being complied with, or to enforce such provisions.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (b). Pub. L. 101–550 inserted before period at end “, or the failure of the issuer to file an application as provided for by section 77eee(b)(2) of this title”.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 77iii

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73