Page:United States Statutes at Large Volume 48 Part 1.djvu/101

 73d CONGRESS. SESS. I. CH. 38. MAY 27, 1933 . 75 term " issuer " mewls the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provi- si ons of t he trust or othe r agreem ent or i nstrumen t under which su ch Equip ment-tru st securities are issued ; and except that with respect to equipment-trust securities certificates or like securities, the term "issuer" nteans the person by whom file equipment or property is or is to be used. (5) The te rm " Commission " means the Federal Trade Cornmis- "Commission lion . (6) The term " Territory " means Alaska, Hawaii, Puerto Rico, "Terri tory ." the Philippine Islands, Canal Zone, the Virgin Islands, and the insular possessions of the United States . (7) The term " interstate commerce " means trade or commerce me Interstate co m- in securities or any transportation or communication relating thereto among the several States or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Colum bia, or within t he Distr ict of C olumbia . (8) The term " registration statement " means the statement pro- men "Registration state. vided for in section 6. and includes any a mendm ent th ereto and any Post, p .78. report, document, or memorandum accompanying such statement or incorporated therein by reference. (9) The term " write " or " written " shall include pri nted, lithe- ,'Trite" or "wri t- l tn. grap ted, or any means of graphic communication. (10) The term " prospectus " means any prospectus, notice, circu- "Prospectus." lar, advertisement, letter, or communication. written or by radio, which offers any security for sale ; except that (a) a communication Except ions. shall not be deemed a prospectus if it is proved that prior to such communication a written prospectus meeting the requirements of Pos t, pp . 81, 905. secti on 10 was received, by the perso n to whom t he co mmuni cation was m ade, from t he pe rson making such comm unicat ion o r his prin- cipal, and (b) a notice, circular, advertisement, letter, or communi- cation in respect of a security shall not be deemed to be a prospectus if it s tates fr om whom a writte n prospe ctus mee ting the require ments of section 10 may be obtained and, in addition, does no more than identify the security, state the price thereof, and state by whom orders will be executed. (11) The term " underwriter " means any person who has pur- "Underw riter . " chased front an issuer with a view to, or sells for an issuer in con- nection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or par- ticipates or has a participation in the direct or indirect underwrit- ing of any such underta king ; but su ch term shall not include a perso n Yersonsnotincluded. whose inte rest i s lim ited to a c ommis sion from a n und erwri ter or deale r not in ex cess of the usual and cust omary distr ibuto rs' or sellers' commnission. As used in this paragraph the term " issuer " "issuer ." shall include, in addition to an issuer, any person directly or indi- rectly controlling or controlled by the issuer, or any person under direct or indirect common control with the issuer. (12) T he te rm "d ealer" mean s any perso n who enga ges ei ther for "Dealer ." all or part of his time, directly or indirectly, as agent, broker, or principal, in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person. EX EMP TED SE CUR ITI ES Exempted SEc. 3. (a) Except as hereinafter expressly provided, the provi- ties. lions of this title shall not apply to any of the following classes of securities : seouri-