Submission for OMB Review; Comment Request, 68289-68290 [E9-30430]

Download as PDF 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. VerDate Nov<24>2008 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 23DEN1

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
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