General Rules and Regulations
promulgated
under the
Securities Act of 1933
Rule 176 -- Circumstances Affecting the Determination of What Constitutes Reasonable Investigation and Reasonable Grounds for Belief Under Section 11 of the Securities Act
In determining whether or not the conduct of a person constitutes a reasonable
investigation or a reasonable ground for belief meeting the standard set forth in
section 11(c), relevant circumstances include,
with respect to a person other than the issuer.
The type of issuer;
The type of security;
The type of person;
The office held when the person is an officer;
The presence or absence of another relationship to
the issuer when the person is a director or proposed director;
Reasonable reliance on officers, employees, and others
whose duties should have given them knowledge of the particular facts ;
When the person is an underwriter, the type of underwriting
arrangement, the role of the particular person as an underwritter and the availability
of information with respect to the registrant; and
Whether, with respect to a fact or document incorporated
by reference, the particular person had any responsibility for the fact or document
at the time of the filing from which it was incorporated.
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