270.17d-3—Exemption relating to certain joint enterprises or arrangements concerning payment for distribution of shares of a registered open-end management investment company.

An affiliated person of, or principal underwriter for, a registered open-end management investment company and an affiliated person of such a person or principal underwriter shall be exempt from section 17(d) of the Act (15 U.S.C. 80a-17(d)) and rule 17d-1 thereunder ( 17 CFR 270.17d-1 ), to the extent necessary to permit any such person or principal underwriter to enter into a written agreement with such company whereby the company will make payments in connection with the distribution of its shares, Provided, That:
(a) Such agreement is made in compliance with the provisions of § 270.12b-1; and
(b) No other registered management investment company which is either an affiliated person of such company or an affiliated person of such a person is a party to such agreement.

Code of Federal Regulations

[45 FR 73905, Nov. 7, 1980]