OMB control number

Rule 7d-2, Definition of "public offering" as used in section 7(d) of the Act with respect to certain Canadian tax-deferred retirement savings accounts

OMB 3235-0527 · SEC.

OMB 3235-0527

Rule 7d-2 (17 CFR 270.7d-2) provides an exemption from the "public offering" definition under section 7(d) of the Investment Company Act of 1940 (15 U.S.C. 80a-7(d)) for certain securities offered to U.S. residents who participate in Canadian tax-deferred retirement savings accounts (such as Registered Retirement Savings Plans or Registered Retirement Income Funds). To qualify for this exemption, foreign investment companies (called "Qualified Companies") must include in any written offering materials delivered to participants or their Canadian retirement accounts a prominent disclosure statement that the securities and the investment company are not registered with the U.S. Securities and Exchange Commission (SEC) and are relying on exemptions from registration. This collection involves a third-party disclosure requirement, with the disclosure provided directly to participants (U.S. investors) and their Canadian retirement accounts as the primary recipients of the information.

The latest form for Rule 7d-2, Definition of "public offering" as used in section 7(d) of the Act with respect to certain Canadian tax-deferred retirement savings accounts expires 2028-09-30 and can be found here.