Pioneer Bond Fund, et al.; Notice of Application, 17798-17799 [2010-7846]
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17798
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
For the Commission, by the Division of
Investment Management, under delegated
authority.
Florence E. Harmon,
Deputy Secretary.
Management, Inc., 60 State Street,
Boston, Massachusetts 02109–1820.
FOR FURTHER INFORMATION CONTACT: Jill
Ehrlich, Attorney Adviser, at (202) 551–
6819, or Mary Kay Frech, Branch Chief,
at (202) 551–6821 (Division of
Investment Management, Office of
Investment Company Regulation).
SUPPLEMENTARY INFORMATION: The
following is 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, at https://
www.sec.gov/search/search.htm, or by
calling (202) 551–8090.
[FR Doc. 2010–7847 Filed 4–6–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
29198; File No. 812–13727]
Pioneer Bond Fund, et al.; Notice of
Application
March 31, 2010.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AGENCY: Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application under
section 6(c) of the Investment Company
Act of 1940 (‘‘Act’’) for an exemption
from rule 12d1–2(a) under the Act.
SUMMARY OF APPLICATION: Applicants
request an order to permit registered
open-end investment companies relying
on rule 12d1–2 under the Act to invest
in certain financial instruments.
APPLICANTS: Pioneer Bond Fund,
Pioneer High Yield Fund, Pioneer
Ibbotson Asset Allocation Series,
Pioneer Series Trust VI, Pioneer Series
Trust VII, Pioneer Short Term Income
Fund, Pioneer Strategic Income Fund,
Pioneer Variable Contracts Trust
(together, the ‘‘Trusts’’) and Pioneer
Investment Management, Inc. (the
‘‘Adviser’’).
FILING DATES: The application was filed
on December 10, 2009 and amended on
March 26, 2010.
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 April 26, 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, c/o Dorothy E.
Bourassa, Esq., Pioneer Investment
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
Applicants’ Representations
1. The Trusts are organized as
Delaware statutory trusts and are
registered under the Act as open-end
management investment companies.
The Adviser, a Delaware corporation, is
a direct, wholly-owned subsidiary of
Pioneer Investment Management USA
Inc. and is an indirect, wholly-owned
subsidiary of Pioneer Global Asset
Management S.p.A. and its parent
UniCredit S.p.A. The Adviser is
registered as an investment adviser
under the Investment Advisers Act of
1940. The Adviser serves as the
investment adviser to each Applicant
Fund (as defined below).
2. Applicants request an exemption
from rule 12d1–2(a) under the Act to the
extent necessary to permit any existing
or future series of the Trusts and any
other registered open-end investment
company advised by the Adviser or any
person controlling, controlled by or
under common control with the Adviser
that operates, or is permitted to operate,
as a ‘‘fund of funds’’ (the ‘‘Applicant
Funds’’) and invests, or is permitted to
invest, in other registered investment
companies in reliance on section
12(d)(1)(G) of the Act, and is also
eligible to invest in securities (as
defined in section 2(a)(36) of the Act) in
reliance on rule 12d1–2 under the Act,
to also invest, to the extent consistent
with its investment objectives, policies,
strategies and limitations, in financial
instruments that may not be securities
within the meaning of section 2(a)(36) of
the Act (‘‘Other Investments’’).1
3. Consistent with its fiduciary
obligations under the Act, each
Applicant Fund’s board of trustees will
review the advisory fees charged by the
1 Every existing entity that currently intends to
rely on the requested order is named as an
applicant. Any existing or future entity that relies
on the order in the future will do so only in
accordance with the terms and conditions in the
application.
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
Applicant Fund’s investment adviser to
ensure that they are based on services
provided that are in addition to, rather
than duplicative of, services provided
pursuant to the advisory agreement of
any investment company in which the
Applicant Fund may invest.
Applicants’ Legal Analysis
1. Section 12(d)(1)(A) of the Act
provides that no registered investment
company (‘‘acquiring company’’) may
acquire securities of another investment
company (‘‘acquired company’’) if such
securities represent more than 3% of the
acquired company’s outstanding voting
stock or more than 5% of the acquiring
company’s total assets, or if such
securities, together with the securities of
other investment companies, represent
more than 10% of the acquiring
company’s total assets. Section
12(d)(1)(B) of the Act provides that no
registered open-end investment
company may sell its securities to
another investment company if the sale
will cause the acquiring company to
own more than 3% of the acquired
company’s voting stock, or cause more
than 10% of the acquired company’s
voting stock to be owned by investment
companies.
2. Section 12(d)(1)(G) of the Act
provides that section 12(d)(1) will not
apply to securities of an acquired
company purchased by an acquiring
company if: (i) The acquiring company
and acquired company are part of the
same group of investment companies;
(ii) the acquiring company holds only
securities of acquired companies that
are part of the same group of investment
companies, government securities, and
short-term paper; (iii) the aggregate sales
loads and distribution-related fees of the
acquiring company and the acquired
company are not excessive under rules
adopted pursuant to section 22(b) or
section 22(c) of the Act by a securities
association registered under section 15A
of the Securities Exchange Act of 1934
or by the Commission; and (iv) the
acquired company has a policy that
prohibits it from acquiring securities of
registered open-end management
investment companies or registered unit
investment trusts in reliance on section
12(d)(1)(F) or 12(d)(1)(G) of the Act.
3. Rule 12d1–2 under the Act permits
a registered open-end investment
company or a registered unit investment
trust that relies on section 12(d)(1)(G) of
the Act to acquire, in addition to
securities issued by another registered
investment company in the same group
of investment companies, government
securities, and short-term paper: (1)
Securities issued by an investment
company that is not in the same group
E:\FR\FM\07APN1.SGM
07APN1
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
of investment companies, when the
acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (2)
securities (other than securities issued
by an investment company); and (3)
securities issued by a money market
fund, when the investment is in reliance
on rule 12d1–1 under the Act. For the
purposes of rule 12d1–2, ‘‘securities’’
means any security as defined in section
2(a)(36) of the Act.
4. Section 6(c) of the Act provides that
the Commission may exempt any
person, security, or transaction from any
provision of the Act, or from any rule
under the Act, if such exemption is
necessary or appropriate in the public
interest and consistent with the
protection of investors and the purposes
fairly intended by the policies and
provisions of the Act.
5. Applicants state that the proposed
arrangement would comply with the
provisions of rule 12d1–2 under the Act,
but for the fact that the Applicant Funds
may invest a portion of their assets in
Other Investments. Applicants request
an order under section 6(c) of the Act
for an exemption from rule 12d1–2(a) to
allow the Applicant Funds to invest in
Other Investments. Applicants assert
that permitting the Applicant Funds to
invest in Other Investments as described
in the application would not raise any
of the concerns that the requirements of
section 12(d)(1) were designed to
address.
Applicants’ Condition
Applicants agree that the order
granting the requested relief will be
subject to the following condition:
Applicants will comply with all
provisions of rule 12d1–2 under the Act,
except for paragraph (a)(2) to the extent
that it restricts any Applicant Fund from
investing in Other Investments as
described in the application.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–7846 Filed 4–6–10; 8:45 am]
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
BILLING CODE 8011–01–P
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
AB Liquidating Corp. (f/k/a Adaptive
Broadband Corp.), Globalnet Corp.,
Greenland Corp., KeraVision, Inc.,
Lifespan, Inc., STAR
Telecommunications, Inc., Telenetics
Corp., and 3DFX Interactive, Inc.; Order
of Suspension of Trading
April 5, 2010.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of AB
Liquidating Corp. (f/k/a Adaptive
Broadband Corp.) because it has not
filed any periodic reports since the
period ended December 31, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Globalnet
Corp. because it has not filed any
periodic reports since the period ended
December 31, 2004.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Greenland
Corp. because it has not filed any
periodic reports since the period ended
September 30, 2005.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of KeraVision,
Inc. because it has not filed any periodic
reports since the period ended
September 30, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Lifespan,
Inc. because it has not filed any periodic
reports since the period ended
September 30, 2007.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of STAR
Telecommunications, Inc. because it has
not filed any periodic reports since the
period ended September 30, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Telenetics
Corp. because it has not filed any
periodic reports since the period ended
September 30, 2004.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of 3DFX
Interactive, Inc. because it has not filed
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
17799
any periodic reports since the period
ended July 31, 2002.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies. Therefore, it is ordered,
pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that
trading in the securities of the abovelisted companies is suspended for the
period from 9:30 a.m. EDT on April 5,
2010, through 11:59 p.m. EDT on April
16, 2010.
By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–7958 Filed 4–5–10; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61809; File No. SR–
NYSEAmex–2010–29]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Amex LLC Amending NYSE Amex
Equities Rule 1 To Provide for the
Designation of Qualified Employees
and NYSE Amex Equities Rule 51 To
Clarify the Scope of Authority Vested
in the Chief Executive Officer
March 31, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on March
25, 2010, NYSE Amex LLC (the
‘‘Exchange’’ or ‘‘NYSE Amex’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
NYSE Amex Equities Rule 1 (‘‘The
Exchange’’) to provide that the Exchange
may formally designate one or more
qualified employees to act in place of
any person named in a rule as having
authority to act under such rule if the
named person is not available to
administer the rule; and (2) amend
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
E:\FR\FM\07APN1.SGM
07APN1
Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17798-17799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7846]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 29198; File No. 812-13727]
Pioneer Bond Fund, et al.; Notice of Application
March 31, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').
ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.
-----------------------------------------------------------------------
Summary of Application: Applicants request an order to permit
registered open-end investment companies relying on rule 12d1-2 under
the Act to invest in certain financial instruments.
Applicants: Pioneer Bond Fund, Pioneer High Yield Fund, Pioneer
Ibbotson Asset Allocation Series, Pioneer Series Trust VI, Pioneer
Series Trust VII, Pioneer Short Term Income Fund, Pioneer Strategic
Income Fund, Pioneer Variable Contracts Trust (together, the
``Trusts'') and Pioneer Investment Management, Inc. (the ``Adviser'').
Filing Dates: The application was filed on December 10, 2009 and
amended on March 26, 2010.
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 April 26, 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, c/o Dorothy E.
Bourassa, Esq., Pioneer Investment Management, Inc., 60 State Street,
Boston, Massachusetts 02109-1820.
FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Attorney Adviser, at
(202) 551-6819, or Mary Kay Frech, Branch Chief, at (202) 551-6821
(Division of Investment Management, Office of Investment Company
Regulation).
SUPPLEMENTARY INFORMATION: The following is 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, at https://www.sec.gov/search/search.htm, or
by calling (202) 551-8090.
Applicants' Representations
1. The Trusts are organized as Delaware statutory trusts and are
registered under the Act as open-end management investment companies.
The Adviser, a Delaware corporation, is a direct, wholly-owned
subsidiary of Pioneer Investment Management USA Inc. and is an
indirect, wholly-owned subsidiary of Pioneer Global Asset Management
S.p.A. and its parent UniCredit S.p.A. The Adviser is registered as an
investment adviser under the Investment Advisers Act of 1940. The
Adviser serves as the investment adviser to each Applicant Fund (as
defined below).
2. Applicants request an exemption from rule 12d1-2(a) under the
Act to the extent necessary to permit any existing or future series of
the Trusts and any other registered open-end investment company advised
by the Adviser or any person controlling, controlled by or under common
control with the Adviser that operates, or is permitted to operate, as
a ``fund of funds'' (the ``Applicant Funds'') and invests, or is
permitted to invest, in other registered investment companies in
reliance on section 12(d)(1)(G) of the Act, and is also eligible to
invest in securities (as defined in section 2(a)(36) of the Act) in
reliance on rule 12d1-2 under the Act, to also invest, to the extent
consistent with its investment objectives, policies, strategies and
limitations, in financial instruments that may not be securities within
the meaning of section 2(a)(36) of the Act (``Other Investments'').\1\
---------------------------------------------------------------------------
\1\ Every existing entity that currently intends to rely on the
requested order is named as an applicant. Any existing or future
entity that relies on the order in the future will do so only in
accordance with the terms and conditions in the application.
---------------------------------------------------------------------------
3. Consistent with its fiduciary obligations under the Act, each
Applicant Fund's board of trustees will review the advisory fees
charged by the Applicant Fund's investment adviser to ensure that they
are based on services provided that are in addition to, rather than
duplicative of, services provided pursuant to the advisory agreement of
any investment company in which the Applicant Fund may invest.
Applicants' Legal Analysis
1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale will cause the acquiring company to own
more than 3% of the acquired company's voting stock, or cause more than
10% of the acquired company's voting stock to be owned by investment
companies.
2. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Securities Exchange Act of 1934 or by the Commission; and
(iv) the acquired company has a policy that prohibits it from acquiring
securities of registered open-end management investment companies or
registered unit investment trusts in reliance on section 12(d)(1)(F) or
12(d)(1)(G) of the Act.
3. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group
[[Page 17799]]
of investment companies, when the acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other than
securities issued by an investment company); and (3) securities issued
by a money market fund, when the investment is in reliance on rule
12d1-1 under the Act. For the purposes of rule 12d1-2, ``securities''
means any security as defined in section 2(a)(36) of the Act.
4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under the Act, if such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policies and
provisions of the Act.
5. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act, but for the fact that the
Applicant Funds may invest a portion of their assets in Other
Investments. Applicants request an order under section 6(c) of the Act
for an exemption from rule 12d1-2(a) to allow the Applicant Funds to
invest in Other Investments. Applicants assert that permitting the
Applicant Funds to invest in Other Investments as described in the
application would not raise any of the concerns that the requirements
of section 12(d)(1) were designed to address.
Applicants' Condition
Applicants agree that the order granting the requested relief will
be subject to the following condition:
Applicants will comply with all provisions of rule 12d1-2 under the
Act, except for paragraph (a)(2) to the extent that it restricts any
Applicant Fund from investing in Other Investments as described in the
application.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7846 Filed 4-6-10; 8:45 am]
BILLING CODE 8011-01-P