Securities Lawyer's Deskbook
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General Rules and Regulations
under the
Securities Act of 1933

Rule 134a -- Options Material Not Deemed a Prospectus

Written materials, including advertisements, relating to standardized options, as that term is defined in Rule 9b-1 under the Securities Exchange Act of 1934, shall not be deemed to be a prospectus for the purposes of Section 2(a)(10) of the Securities Act of 1933; Provided, That such materials are limited to explanatory information describing the general nature of the standardized options markets or one or more strategies: And, Provided Further, That:
  1. The potential risks related to options trading generally and to each strategy addressed are explained;

  2. No past or projected performance figures, including annualized rates of return are used;

  3. No recommendation to purchase or sell any option contract is made;

  4. No specific security is identified, other than

    1. An option or other security exempt from registration under the Act, or

    2. An index option, including the component securities of the index; and

  5. If there is a definitive options disclosure document, as defined in Rule 9b-1 under the Securities Exchange Act of 1934, the materials shall contain the name and address of a person or persons from whom a copy of such document may be obtained.

Regulatory History

47 FR 41955, Sept. 23, 1982, as amended at 49 FR 12688, Mar. 30, 1984

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