Sunshine Act Meetings, 63549 [2018-26738]
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Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
distributor to recover distribution costs.
Applicants represent that any EWC
imposed by the Funds will comply with
rule 6c–10 under the Act as if the rule
were applicable to closed–end funds.
Applicants further represent that each
Fund will disclose EWCs in accordance
with the requirements of Form N–1A
concerning CDSLs as if the Fund were
an open-end investment company.
Asset-Based Distribution and/or Service
Fees
1. Section 17(d) of the Act and rule
17d–1 under the Act prohibit an
affiliated person of a registered
investment company, or an affiliated
person of such person, acting as
principal, from participating in or
effecting any transaction in connection
with any joint enterprise or joint
arrangement in which the investment
company participates unless the
Commission issues an order permitting
the transaction. In reviewing
applications submitted under section
17(d) and rule 17d–1, the Commission
considers whether the participation of
the investment company in a joint
enterprise or joint arrangement is
consistent with the provisions, policies
and purposes of the Act, and the extent
to which the participation is on a basis
different from or less advantageous than
that of other participants.
2. Rule 17d–3 under the Act provides
an exemption from section 17(d) and
rule 17d–1 to permit open-end
investment companies to enter into
distribution arrangements pursuant to
rule 12b–1 under the Act. Applicants
request an order under section 17(d) and
rule 17d–1 under the Act to the extent
necessary to permit the Funds to impose
asset-based distribution and/or service
fees. Applicants represent that the
Funds will comply with rules 12b–1
and 17d–3 as if those rules applied to
closed–end investment companies.
3. For the reasons stated above,
applicants submit that the exemptions
requested are necessary and appropriate
in the public interest and are consistent
with the protection of investors and the
purposes fairly intended by the policy
and provisions of the Act. Applicants
further submit that the relief requested
pursuant to section 23(c)(3) will be
consistent with the protection of
investors and will insure that applicants
do not unfairly discriminate against any
holders of the class of securities to be
purchased. Finally, applicants state that
the Funds’ imposition of asset-based
distribution and/or service fees is
consistent with the provisions, policies
and purposes of the Act and does not
involve participation on a basis different
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17:10 Dec 07, 2018
Jkt 247001
from or less advantageous than that of
other participants.
Applicants’ Condition
Applicants agree that any order
granting the requested relief will be
subject to the following condition:
Each Fund relying on the order will
comply with the provisions of rules 6c–
10, 12b–1, 17d–3, 18f–3, 22d–1, and,
where applicable, 11a–3 under the Act,
as amended from time to time, as if
those rules applied to closed–end
management investment companies,
and will comply with the FINRA Sales
Charge Rule, as amended from time to
time, as if that rule applied to all
closed–end management investment
companies.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–26668 Filed 12–7–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given,
pursuant to the provisions of the
Government in the Sunshine Act, Public
Law 94–409, that the Commission will
host the SEC Government-Business
Forum on Small Business Capital
Formation on Wednesday, December 12,
2018, beginning at 9:00 a.m. Eastern
Time.
PLACE: The forum will be held at the
Fawcett Center on the campus of The
Ohio State University, 2400 Olentangy
River Road, Columbus, Ohio 43210.
STATUS: This meeting will be open to
the public. The meeting will be webcast
on the Commission’s website at
www.sec.gov.
MATTERS TO BE CONSIDERED: The forum
will include remarks by SEC
Commissioners and two morning panel
discussions that Commissioners will
attend. The panel discussions will
explore how capital formation options
are working for small businesses, such
as those in the Midwest, and capital
formation and diversity. This Sunshine
Act notice is being issued because a
majority of the Commission may attend
the meeting.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Brent J. Fields from the Office of the
Secretary at (202) 551–5400.
TIME AND DATE:
PO 00000
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63549
Dated: December 4, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–26738 Filed 12–6–18; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84714; File No. SR–IEX–
2018–22]
Self-Regulatory Organizations;
Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Conform
IEX Rule 5.160 to FinCEN’s Final Rule
on Customer Due Diligence
Requirements for Financial Institutions
December 3, 2018.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 2 and
Rule 19b–4 thereunder,3 notice is
hereby given that, on November 20,
2018, the Investors Exchange LLC
(‘‘IEX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. 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
Pursuant to the provisions of Section
19(b)(1) under the Securities Exchange
Act of 1934 (‘‘Act’’),4 and Rule 19b–4
thereunder,5 IEX is filing with the
Commission a proposed rule change to
amend IEX Rule 5.160 (Anti-Money
Laundering Compliance Program) to
reflect the Financial Crimes
Enforcement Network’s (‘‘FinCEN’’)
adoption of a final rule on Customer
Due Diligence Requirements for
Financial Institutions (‘‘CDD Rule’’).
Specifically, the proposed amendments
would conform IEX Rule 5.160 to the
CDD Rule’s amendments to the
minimum regulatory requirements for
Member’ anti-money laundering
(‘‘AML’’) compliance programs by
requiring such programs to include riskbased procedures for conducting
ongoing customer due diligence. This
ongoing customer due diligence element
for AML programs includes: (1)
Understanding the nature and purpose
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
4 15 U.S.C. 78s(b)(1).
5 17 CRF 240.19b–4.
2 15
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10DEN1
Agencies
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Page 63549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26738]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Commission will host the SEC Government-Business Forum on Small
Business Capital Formation on Wednesday, December 12, 2018, beginning
at 9:00 a.m. Eastern Time.
PLACE: The forum will be held at the Fawcett Center on the campus of
The Ohio State University, 2400 Olentangy River Road, Columbus, Ohio
43210.
STATUS: This meeting will be open to the public. The meeting will be
webcast on the Commission's website at www.sec.gov.
MATTERS TO BE CONSIDERED: The forum will include remarks by SEC
Commissioners and two morning panel discussions that Commissioners will
attend. The panel discussions will explore how capital formation
options are working for small businesses, such as those in the Midwest,
and capital formation and diversity. This Sunshine Act notice is being
issued because a majority of the Commission may attend the meeting.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.
Dated: December 4, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-26738 Filed 12-6-18; 11:15 am]
BILLING CODE 8011-01-P