Submission for OMB Review; Comment Request, 68289-68290 [E9-30430]
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Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices
requirements in Regulation R, Rule 701
are 500 1 hours for brokers or dealers.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
Comments should be directed to
Charles Boucher, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way,
Alexandria, VA 22312 or send an e-mail
to: PRA_Mailbox@sec.gov.
December 16, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30431 Filed 12–22–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
srobinson on DSKHWCL6B1PROD with NOTICES
Extension:
Rule 30e–1; SEC File No. 270–21; OMB
Control No. 3235–0025.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.
The title for the collection of
information is: Rule 30e–1 (CFR
270.30e–1) under the Investment
Company Act of 1940 (15 U.S.C. 80a–1
et seq.) Reports to Stockholders of
Management Companies. Section 30(e)
(15 U.S.C. 80a–29(e)) of the Investment
1 (2000 notices × 15 minutes) = 30,000 minutes/
60 minutes = 500 hours.
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16:41 Dec 22, 2009
Jkt 220001
Company Act of 1940 (‘‘Investment
Company Act’’) requires a registered
investment company (‘‘fund’’) to
transmit to its shareholders, at least
semi-annually, reports containing
financial statements and other financial
information as the Commission may
prescribe by rules and regulations. In
addition, Section 30(f) permits the
Commission to require by rule that
semi-annual reports include such other
information as the Commission deems
necessary or appropriate in the public
interest or for the protection of
investors. Rule 30e–1 generally requires
a fund to transmit to its shareholders, at
least semi-annually, reports containing
the information that is required to be
included in such reports by the fund’s
registration statement form under the
Investment Company Act. Failure to
require the collection of this
information would seriously impede the
amount of current information available
to shareholders and the public about
funds and would prevent the
Commission from implementing the
regulatory program required by statute.
Approximately 2,800 funds, with a total
of approximately 10,460 portfolios,
respond to rule 30e–1 annually. The
proposed frequency of response is semiannual. The estimate of the total annual
reporting burden of the collection of
information is approximately 114.2
hours per portfolio, and the total
estimated annual burden for the
industry is 1,194,532 hours (114.2 hours
× 10,460 portfolios). Providing the
information required by rule 30e–1 is
mandatory. Responses will not be kept
confidential. Estimates of the burden
hours are made solely for the purposes
of the Paperwork Reduction Act, and are
not derived from a comprehensive or
even a representative survey or study of
the costs of SEC rules and forms.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid
control number.
Please direct general comments
regarding the above information to the
following persons: (i) Desk Officer for
the Securities and Exchange
Commission, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503
or send an e-mail to Shagufta Ahmed at
Shagufta_Ahmed@omb.eop.gov; and
(ii) Charles Boucher, Director/CIO,
Securities and Exchange Commission, c/
o Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or
send an e-mail to:
PRA_Mailbox@sec.gov. Comments must
be submitted to OMB within 30 days of
this notice.
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68289
December 16, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30432 Filed 12–22–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copy Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Form N–5; SEC File No. 270–172; OMB
Control No. 3235–0169.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.
Form N–5 (17 CFR 239.24 and
274.5)—Registration Statement of Small
Business Investment Companies Under
the Securities Act of 1933 (15 U.S.C. 77a
et seq.) and the Investment Company
Act of 1940 (15 U.S.C. 80a–1 et seq.).
Form N–5 is the integrated registration
statement form adopted by the
Commission for use by a small business
investment company which has been
licensed as such under the Small
Business Investment Act of 1958 and
has been notified by the Small Business
Administration that the company may
submit a license application, to register
its securities under the Securities Act of
1933 (‘‘Securities Act’’), and to register
as an investment company under
section 8 of the Investment Company
Act of 1940 (‘‘Investment Company
Act’’). The purpose of registration under
the Securities Act is to ensure that
investors are provided with material
information concerning securities
offered for public sale that will permit
investors to make informed decisions
regarding such securities. The
Commission staff reviews the
registration statements for the adequacy
and accuracy of the disclosure
contained therein. Without Form N–5,
the Commission would be unable to
carry out the requirements to the
Securities Act and Investment Company
Act for registration of small business
investment companies. The respondents
to the collection of information are
small business investment companies
seeking to register under the Investment
E:\FR\FM\23DEN1.SGM
23DEN1
68290
Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Notices
Company Act and to register their
securities for sale to the public under
the Securities Act. The estimated
number of respondents is one and the
proposed frequency of response is
annually. The estimate of the total
annual reporting burden of the
collection of information is
approximately 352 hours per
respondent, for a total annual burden of
352 hours. Providing the information on
Form N–5 is mandatory. Responses will
not be kept confidential. Estimates of
the burden hours are made solely for the
purposes of the Paperwork Reduction
Act, and are not derived from a
comprehensive or even a representative
survey or study of the costs of SEC rules
and forms. An agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Please direct general comments
regarding the above information to the
following persons: (i) Desk Officer for
the Securities and Exchange
Commission, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503
or send an e-mail to Shagufta Ahmed at
Shagufta_Ahmed@omb.eop.gov; and (ii)
Charles Boucher, Director/CIO,
Securities and Exchange Commission,
c/o Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or
send an e-mail to:
PRA_Mailbox@sec.gov. Comments must
be submitted to OMB within 30 days of
this notice.
Dated: December 16, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30430 Filed 12–22–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–29093; File No. 812–13728]
Investools Inc., et al.; Notice of
Application and Temporary Order
srobinson on DSKHWCL6B1PROD with NOTICES
December 16, 2009.
AGENCY: Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Temporary order and notice of
application for a permanent order under
section 9(c) of the Investment Company
Act of 1940 (‘‘Act’’).
SUMMARY OF APPLICATION: Applicants
have received a temporary order
exempting them from section 9(a) of the
Act, with respect to an injunction
entered against Investools Inc.
(‘‘Investools’’) on December 16, 2009 by
VerDate Nov<24>2008
19:26 Dec 22, 2009
Jkt 220001
the United States District Court for the
District of Columbia (the ‘‘Injunction’’),
until the Commission takes final action
on an application for a permanent order.
Applicants also have applied for a
permanent order.
APPLICANTS: Investools, Amerivest
Investment Management, LLC
(‘‘Amerivest’’), and TDAM USA Inc.
(‘‘TDAM USA’’) (collectively, other than
Investools, the ‘‘Fund Servicing
Applicants,’’ and together with
Investools, the ‘‘Applicants’’).1
FILING DATE: The application was filed
on December 11, 2009, and amended on
December 11, 2009 and December 16,
2009.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
Applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on January 11, 2010, and
should be accompanied by proof of
service on Applicants, in the form of an
affidavit, or for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090; Applicants: Investools, 13947 S.
Minuteman Dr., Draper, UT 84020;
Amerivest, 1005 North Ameritrade
Place, Bellevue, NE 68005; and TDAM
USA, 161 Bay Street, 35th Floor, TD
Canada Trust Tower, Toronto, Ontario,
Canada M5J 2T2.
FOR FURTHER INFORMATION CONTACT:
Steven I. Amchan, Senior Counsel, at
(202) 551–6826, or Jennifer L. Sawin,
Branch Chief, at (202) 551–6821,
(Division of Investment Management,
Office of Investment Company
Regulation).
The
following is a temporary order and a
summary of the application. The
complete application may be obtained
via the Commission’s Web site by
searching for the file number, or an
applicant using the Company name box,
SUPPLEMENTARY INFORMATION:
1 Applicants request that any relief granted
pursuant to the application also apply to any other
company of which Investools is or hereafter may
become an affiliated person within the meaning of
section 2(a)(3) of the Act (together with the
Applicants, the ‘‘Covered Persons’’).
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
at https://www.sec.gov/search/
search.htm or by calling (202) 551–
8090.
Applicants’ Representations
1. Investools and Amerivest are
indirect, wholly-owned subsidiaries of
TD AMERITRADE Holding Corporation
(‘‘TD Ameritrade Holding’’). The
Toronto-Dominion Bank (‘‘TD Bank’’)
owns approximately 45% of the
outstanding common stock of TD
Ameritrade Holding. TDAM USA is a
direct, wholly-owned subsidiary of TD
Bank. Investools was acquired by TD
Ameritrade Holding in June 2009 as part
of TD Ameritrade Holding’s acquisition
of thinkorswim Group, Inc. Investools
does not provide, and no existing
company of which Investools is an
affiliated person (other than the Fund
Servicing Applicants) currently
provides, Fund Service Activities to any
registered investment company.2
2. The Fund Servicing Applicants are
registered as investment advisers under
the Investment Advisers Act of 1940
and provide investment advisory or subadvisory services to Funds.
3. On December 16, 2009, the United
States District Court for the District of
Columbia entered a judgment against
Investools (‘‘Judgment’’) in a matter
brought by the Commission.3 The
Commission alleged in the complaint
(‘‘Complaint’’) that Defendants Michael
J. Drew (‘‘Drew’’) and Eben D. Miller
(‘‘Miller’’), employees of Investools,
committed fraud during sales
presentations at workshops held by
Investools. The Complaint also alleged
that while Investools had compliance
policies requiring speakers to have proof
of the validity of success claims, it did
not require Drew, Miller, or other
speakers to provide it with
substantiating documentation after
learning they were claiming that their
securities trading was tremendously
profitable. The Complaint alleges that
Investools is liable as a controlling
person under section 20(a) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) for violations by its
speakers of section 10(b) of the
Exchange Act and rule 10b–5
2 ‘‘Fund Service Activities’’ refers to serving or
acting in the capacity of employee, officer, director,
member of an advisory board, investment adviser,
or depositor of any registered investment company,
or principal underwriter for any registered openend company, registered unit investment trust, or
registered face-amount certificate company. Any
registered investment company to which a Covered
Person provides Fund Service Activities is a
‘‘Fund.’’
3 Securities and Exchange Commission v.
Investools Inc., Michael J. Drew and Eben D. Miller,
Final Judgment as to Defendant Investools Inc., 09
Civ. 02343 (D.D.C. December 16, 2009).
E:\FR\FM\23DEN1.SGM
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Agencies
[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68289-68290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30430]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request, Copy Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
Form N-5; SEC File No. 270-172; OMB Control No. 3235-0169.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
Form N-5 (17 CFR 239.24 and 274.5)--Registration Statement of Small
Business Investment Companies Under the Securities Act of 1933 (15
U.S.C. 77a et seq.) and the Investment Company Act of 1940 (15 U.S.C.
80a-1 et seq.). Form N-5 is the integrated registration statement form
adopted by the Commission for use by a small business investment
company which has been licensed as such under the Small Business
Investment Act of 1958 and has been notified by the Small Business
Administration that the company may submit a license application, to
register its securities under the Securities Act of 1933 (``Securities
Act''), and to register as an investment company under section 8 of the
Investment Company Act of 1940 (``Investment Company Act''). The
purpose of registration under the Securities Act is to ensure that
investors are provided with material information concerning securities
offered for public sale that will permit investors to make informed
decisions regarding such securities. The Commission staff reviews the
registration statements for the adequacy and accuracy of the disclosure
contained therein. Without Form N-5, the Commission would be unable to
carry out the requirements to the Securities Act and Investment Company
Act for registration of small business investment companies. The
respondents to the collection of information are small business
investment companies seeking to register under the Investment
[[Page 68290]]
Company Act and to register their securities for sale to the public
under the Securities Act. The estimated number of respondents is one
and the proposed frequency of response is annually. The estimate of the
total annual reporting burden of the collection of information is
approximately 352 hours per respondent, for a total annual burden of
352 hours. Providing the information on Form N-5 is mandatory.
Responses will not be kept confidential. Estimates of the burden hours
are made solely for the purposes of the Paperwork Reduction Act, and
are not derived from a comprehensive or even a representative survey or
study of the costs of SEC rules and forms. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or send an e-mail to Shagufta
Ahmed at Shagufta_Ahmed@omb.eop.gov; and (ii) Charles Boucher,
Director/CIO, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within
30 days of this notice.
Dated: December 16, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30430 Filed 12-22-09; 8:45 am]
BILLING CODE 8011-01-P