Sunshine Act Meeting, 76106 [2012-31030]
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76106
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Notices
12(d)(1)(A)(i) of the Act, including any
purchases made directly from an
Underwriting Affiliate. The Board will
review these purchases periodically, but
no less frequently than annually, to
determine whether the purchases were
influenced by the investment by the
Fund of Funds in the Fund. The Board
will consider, among other things: (a)
Whether the purchases were consistent
with the investment objectives and
policies of the Fund; (b) how the
performance of securities purchased in
an Affiliated Underwriting compares to
the performance of comparable
securities purchased during a
comparable period of time in
underwritings other than Affiliated
Underwritings or to a benchmark such
as a comparable market index; and (c)
whether the amount of securities
purchased by the Fund in Affiliated
Underwritings and the amount
purchased directly from an
Underwriting Affiliate have changed
significantly from prior years. The
Board will take any appropriate actions
based on its review, including, if
appropriate, the institution of
procedures designed to ensure that
purchases of securities in Affiliated
Underwritings are in the best interest of
Beneficial Owners.
8. Each Fund will maintain and
preserve permanently in an easily
accessible place a written copy of the
procedures described in the preceding
condition, and any modifications to
such procedures, and will maintain and
preserve for a period of not less than six
years from the end of the fiscal year in
which any purchase in an Affiliated
Underwriting occurred, the first two
years in an easily accessible place, a
written record of each purchase of
securities in Affiliated Underwritings
once an investment by a Fund of Funds
in the securities of the Fund exceeds the
limit of section 12(d)(1)(A)(i) of the Act,
setting forth from whom the securities
were acquired, the identity of the
underwriting syndicate’s members, the
terms of the purchase, and the
information or materials upon which
the Board’s determinations were made.
9. Before investing in the Shares of a
Fund in excess of the limits in section
12(d)(1)(A), a Fund of Funds will
execute a FOF Participation Agreement
with the Fund stating that their
respective boards of directors or trustees
and their investment advisers or trustee
and Sponsor, as applicable, understand
the terms and conditions of the Order,
and agree to fulfill their responsibilities
under the Order. At the time of its
investment in Shares of a Fund in
excess of the limit in section
12(d)(1)(A)(i), a Fund of Funds will
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notify the Fund of the investment. At
such time, the Fund of Funds will also
transmit to the Fund a list of the names
of each Fund of Funds Affiliate and
Underwriting Affiliate. The Fund of
Funds will notify the Fund of any
changes to the list as soon as reasonably
practicable after a change occurs. The
Fund and the Fund of Funds will
maintain and preserve a copy of the
Order, the FOF Participation
Agreement, and the list with any
updated information for the duration of
the investment and for a period of not
less than six years thereafter, the first
two years in an easily accessible place.
10. Before approving any advisory
contract under section 15 of the Act, the
board of directors or trustees of each
Investing Management Company
including a majority of the disinterested
directors or trustees, will find that the
advisory fees charged under such
contract are based on services provided
that will be in addition to, rather than
duplicative of, the services provided
under the advisory contract(s) of any
Fund in which the Investing
Management Company may invest.
These findings and their basis will be
recorded fully in the minute books of
the appropriate Investing Management
Company.
11. Any sales charges and/or service
fees charged with respect to shares of a
Fund of Funds will not exceed the
limits applicable to a fund of funds as
set forth in NASD Conduct Rule 2830.
12. No Fund will acquire securities of
an investment company or company
relying on section 3(c)(1) or 3(c)(7) of
the Act in excess of the limits contained
in section 12(d)(1)(A) of the Act, except
to the extent permitted by exemptive
relief from the Commission permitting
the Fund to purchase shares of other
investment companies for short-term
cash management purposes.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–30893 Filed 12–21–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
FEDERAL REGISTERCITATION OF PREVIOUS
ANNOUNCEMENT: [77 FR 74894, December
18, 2012].
Closed Meeting.
PLACE: 100 F Street, NE., Washington,
DC.
STATUS:
PO 00000
Frm 00139
Fmt 4703
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DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: Thursday, December 20, 2012
at 2:00 p.m.
Time Change.
The Closed Meeting scheduled for
Thursday, December 20, 2012 at 2:00
p.m. was changed to Thursday,
December 20, 2012 at 9:00 a.m.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items. For further
information and to ascertain what, if
any, matters have been added, deleted
or postponed, please contact the Office
of the Secretary at (202) 551–5400.
CHANGE IN THE MEETING:
Dated: December 20, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–31030 Filed 12–20–12; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68459; File No. TP 13–02]
Order Granting Limited Exemptions
From Exchange Act Rule 10b–17 and
Rules 101 and 102 of Regulation M to
ALPS ETF Trust, ALPS/GS Momentum
Builder Growth Markets Equities and
U.S. Treasuries Index ETF, ALPS/GS
Momentum Builder Multi-Asset Index
ETF, and ALPS/GS Momentum Builder
Asia ex-Japan Equities and U.S.
Treasuries Index ETF Pursuant to
Exchange Act Rule 10b–17(b)(2) and
Rules 101(d) and 102(e) of Regulation
M
December 18, 2012.
By letter dated December 18, 2012
(the ‘‘Letter’’), as supplemented by
conversations with the staff of the
Division of Trading and Markets,
counsel for ALPS ETF Trust (the
‘‘Trust’’) on behalf of the Trust, ALPS/
GS Momentum Builder Growth Markets
Equities and U.S. Treasuries Index ETF,
ALPS/GS Momentum Builder MultiAsset Index ETF, and ALPS/GS
Momentum Builder Asia ex-Japan
Equities and U.S. Treasuries Index ETF
(each a ‘‘Fund’’ and, collectively, the
‘‘Funds’’), any national securities
exchange on or through which shares
issued by the Funds (‘‘Shares’’) may
subsequently trade, and persons or
entities engaging in transactions in
Shares (collectively, the ‘‘Requestors’’)
requested exemptions, or interpretive or
no-action relief, from Rule 10b–17 of the
Securities Exchange Act of 1934, as
amended (‘‘Exchange Act’’) and Rules
101 and 102 of Regulation M in
connection with secondary market
transactions in Shares and the creation
or redemption of aggregations of Shares
E:\FR\FM\26DEN1.SGM
26DEN1
]]>Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Page 76106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31030]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Federal RegisterCITATION OF PREVIOUS ANNOUNCEMENT: [77 FR 74894,
December 18, 2012].
STATUS: Closed Meeting.
PLACE: 100 F Street, NE., Washington, DC.
DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: Thursday, December 20,
2012 at 2:00 p.m.
CHANGE IN THE MEETING: Time Change.
The Closed Meeting scheduled for Thursday, December 20, 2012 at
2:00 p.m. was changed to Thursday, December 20, 2012 at 9:00 a.m.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at (202) 551-5400.
Dated: December 20, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-31030 Filed 12-20-12; 4:15 pm]
BILLING CODE 8011-01-P
