Title 15Commerce and TradeRelease 119-73not60

§77sss Rules, Regulations, and Orders

Title 15 › Chapter 2A— SECURITIES AND TRUST INDENTURES › Subchapter III— TRUST INDENTURES › § 77sss

Last updated Apr 3, 2026|Official source

Summary

The Commission can make, change, and cancel rules and orders it thinks are needed to carry out this part of the law and to protect the public and investors. It can set definitions for accounting, technical, and trade terms. The Commission may (1) set by rule how to calculate percentages of voting and other securities for section 77jjj(b); (2) define “cash transaction” and “self-liquidating paper” for indentures, and those definitions can include the creditor relationships mentioned in paragraphs (4) and (6) of subsection (b) of section 77kkk if the Commission decides that applying subsection (a) of section 77kkk is not necessary for the public interest or investor protection; and (3) require the formats for information in any statements, applications, reports, or other documents filed under this subchapter. It can also place people, securities, indentures, and other items into different classes and set different rules for each class. Under chapter 15 of title 44 and its rules, the Commission’s rules become effective when published the way the Commission prescribes, or on a later date the rule names. No one is liable under this subchapter for acts done or not done in good faith that followed a Commission rule or order, even if that rule is later changed, cancelled, or held invalid.

Full Legal Text

Title 15, §77sss

Commerce and Trade — Source: USLM XML via OLRC

(a)The Commission shall have authority from time to time to make, issue, amend, and rescind such rules and regulations and such orders as it may deem necessary or appropriate in the public interest or for the protection of investors to carry out the provisions of this subchapter, including rules and regulations defining accounting, technical, and trade terms used in this subchapter. Among other things, the Commission shall have authority, (1) by rules and regulations, to prescribe for the purposes of section 77jjj(b) of this title the method (to be fixed in indentures to be qualified under this subchapter) of calculating percentages of voting securities and other securities; (2) by rules and regulations, to prescribe the definitions of the terms “cash transaction” and “self-liquidating paper” which shall be included in indentures to be qualified under this subchapter, which definitions shall include such of the creditor relationships referred to in paragraphs (4) and (6) of subsection (b) of section 77kkk of this title as to which the Commission determines that the application of subsection (a) of section 77kkk of this title is not necessary in the public interest or for the protection of investors, having due regard for the purposes of such subsection; and (3) for the purposes of this subchapter, to prescribe the form or forms in which information required in any statement, application, report, or other document filed with the Commission shall be set forth. For the purpose of its rules or regulations the Commission may classify persons, securities, indentures, and other matters within its jurisdiction and prescribe different requirements for different classes of persons, securities, indentures, or matters.
(b)Subject to the provisions of chapter 15 of title 44 and regulations prescribed under the authority thereof, the rules and regulations of the Commission under this subchapter shall be effective upon publication in the manner which the Commission shall prescribe, or upon such later date as may be provided in such rules and regulations.
(c)No provision of this subchapter imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or order of the Commission, notwithstanding that such rule, regulation, or order may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–353 substituted “chapter 15 of title 44” for “the Federal Register Act”.

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. § 77sss

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60