Under Rule 163A, the safe harbor for pre-filing communications, what conditions must be met for an issuer's communication to be exempt from the gun-jumping prohibition?

Why A — The communication must be made more than 30 days before the registration statement is filed and must not reference the securities offering

Rule 163A provides a safe harbor for issuer communications made more than 30 days before the filing of the registration statement, provided the communication does not reference the securities offering. This rule recognizes that companies have legitimate business reasons to communicate with the public, analysts, and the media, and that not every communication by a company planning an IPO should be treated as gun jumping. However, if the communication references the offering or is made within 30 days of filing, it falls outside the safe harbor and must be analyzed under traditional Section 5 principles.