# 17 CFR § 230.135d: Communications involving security-based swaps > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-17-230.135d ## Section - **Citation:** 17 CFR § 230.135d - **Heading:** Communications involving security-based swaps - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 17—Commodity and Securities Exchanges > CHAPTER II—SECURITIES AND EXCHANGE COMMISSION > PART 230—GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933 ## Text (a) For the purposes only of Section 5 of the Act (15 U.S.C. 77e), the publication or distribution of quotes relating to security-based swaps that may be purchased only by persons who are eligible contract participants (as defined in Section 1a(18) of the Commodity Exchange Act (7 U.S.C. 1a(18))) and are traded or processed on or through a trading system or platform that either is registered as a national securities exchange under Section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)) or as a security-based swap execution facility under Section 3D(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c-4(a)), or is exempt from registration as a security-based swap execution facility under Section 3D(a) of the Securities Exchange Act of 1934 pursuant to a rule, regulation, or order of the Commission shall not be deemed to constitute an offer, an offer to sell, or a solicitation of an offer to buy or purchase any security-based swap or any guarantee of such security-based swap that is a security; and (b) For the purposes only of Section 5 of the Act (15 U.S.C. 77e), a broker, dealer, or security-based swap dealer's publication or distribution of a research report (as defined in § 230.139(d)) that discusses security-based swaps that may be purchased only by persons who are eligible contract participants (as defined in Section 1a(18) of the Commodity Exchange Act (7 U.S.C. 1a(18))) shall not be deemed to constitute an offer, an offer to sell, or a solicitation of an offer to buy or purchase any security-based swap or any guarantee of such security-based swap that is a security, provided that the broker, dealer, or security-based swap dealer publishes or distributes research reports on the issuer underlying the security-based swap or its securities in the regular course of its business and the publication or distribution of the research report does not represent the initiation of publication of research reports about such issuer or its securities or the reinitiation of such publication following discontinuation of publication of such research reports. For purposes of this section, the term issuer as used in the definition of “research report” means the issuer of any security or loan referenced in the security-based swap, each issuer of a security in a narrow-based security index referenced in the security-based swap, or each issuer referenced in the security-based swap. [83 FR 2056, Jan. 16, 2018] ## Nearby sections - [17 CFR § 202.2 § 202.2 Pre-filing assistance and interpretative advice.](https://www.frixlaw.com/law-library/statutes/ecfr-17-202.2.md) - [17 CFR § 202.6 § 202.6 Adoption, revision, and rescission of rules and regulations of general application.](https://www.frixlaw.com/law-library/statutes/ecfr-17-202.6.md) - [17 CFR § 202.9 § 202.9 Small entity enforcement penalty reduction policy.](https://www.frixlaw.com/law-library/statutes/ecfr-17-202.9.md) - [17 CFR § 202.10 § 202.10 Policy statement of the Securities and Exchange Commission concerning subpoenas to members of the news media.](https://www.frixlaw.com/law-library/statutes/ecfr-17-202.10.md) - [17 CFR § 202.12 § 202.12 Policy statement concerning cooperation by individuals in its investigations and related enforcement actions.](https://www.frixlaw.com/law-library/statutes/ecfr-17-202.12.md) - [17 CFR § 205.1 § 205.1 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-17-205.1.md) - [17 CFR § 205.6 § 205.6 Sanctions and discipline.](https://www.frixlaw.com/law-library/statutes/ecfr-17-205.6.md) - [17 CFR § 230.120 § 230.120 Inspection of registration statements.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.120.md) - [17 CFR § 230.122 § 230.122 Non-disclosure of information obtained in the course of examinations and investigations.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.122.md) - [17 CFR § 230.133 § 230.133 Definition for purposes of section 5 of the Act, of “sale”, “offer”, “offer to sell”, and “offer for sale”.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.133.md) - [17 CFR § 230.135b § 230.135b Materials not deemed an offer to sell or offer to buy nor a prospectus.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.135b.md) - [17 CFR § 230.136 § 230.136 Definition of certain terms in relation to assessable stock.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.136.md) - [17 CFR § 230.139b § 230.139b Publications or distributions of covered investment fund research reports by brokers or dealers distributing securities.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.139b.md) - [17 CFR § 230.142 § 230.142 Definition of “participates” and “participation,” as used in section 2(11), in relation to certain transactions.](https://www.frixlaw.com/law-library/statutes/ecfr-17-230.142.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-17-230.135d. Check the current official text before relying on it. Not legal advice.