Section 2(a)(10)(a) of the Securities Act provides that a communication is not deemed a prospectus when accompanied or preceded by a prospectus meeting the requirements of Section 10(a) (the final prospectus). This type of communication is also known as "free writing." Free writing is distinguished from a free writing prospectus as it is not subject to any rules and the SEC requires no filing of free writing.

For more information on the types of communication permitted during an offering of securities, see Practice Note, Registration Process: Publicity.