Monday, April 24, 2006 1:47:41 AM
d) The exemption provided by paragraph (b) of this rule shall not be available for the following securities:
(1) Securities of a foreign private issuer that has or has had during the prior eighteen months any securities registered under section 12 of the Act or a reporting obligation (suspended or active) under section 15(d) of the Act (other than arising solely by virtue of the use of Form F-7, F-8, F-9, F-10 or F-80);
(2) Securities of a foreign private issuer issued in a transaction (other than a transaction registered on Form F-8, F-9, F-10 or F-80) to acquire by merger, consolidation, exchange of securities or acquisition of assets, another issuer that had securities registered under section 12 of the Act or a reporting obligation (suspended or active) under section 15(d) of the Act; and
(3) Securities quoted in an ``automated inter-dealer quotation system'' or securities represented by American Depositary Receipts so quoted unless all the following conditions are met:
(i) Such securities were so quoted on October 5, 1983 and have been continuously traded since;
(ii) The issuer is in compliance with the exemption in paragraph (b) of this section on October 5, 1983 and has continuously maintained the exemption since; and
(iii) After January 2, 1986, the issuer is organized under the laws of any country except Canada or a political subdivision thereof.
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