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May a distribution participant (e.g., an underwriter) that is an affiliate of an issuer or selling security holder conduct passive market making in a covered security pursuant to Rule 103?

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May a distribution participant (e.g., an underwriter) that is an affiliate of an issuer or selling security holder conduct passive market making in a covered security pursuant to Rule 103?

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Yes. However, a Nasdaq market maker that is affiliated with the issuer or selling security holder, but is not acting as a distribution participant, may not rely on Rule 103.

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