Sunshine Act Meeting; Cancellation, 64181 [2020-22552]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
that it is subject to oversight by a suite
of Japanese government agencies and
regulatory authorities, and conducts its
operations in a manner that is at least
as rigorous as, if not more rigorous than,
Japanese commercial banks subject to
prudential bank regulatory financial
standards. The Applicant is subject to a
comprehensive supervisory and
regulatory regime established by the
Japanese Government as described in
the application. The Applicant is
subject to the general safety and
soundness prudential supervision and
regulation similar to that applicable to
commercial banks in Japan pursuant to
the DBJ Act, including on-site
inspections conducted by the
Commissioner of the FSA, which is also
the primary supervisor of Japanese
commercial banks via delegated
authority under the Banking Act of
Japan (the ‘‘Banking Act’’). The
Applicant also complies with certain of
provisions of the Banking Act or the Act
on Emergency Measures for the
Revitalization of Financial Functions
Act on a voluntary basis in a manner
that is similar to a Japanese commercial
bank as part of risk management
processes and methods implemented
and maintained by the Applicant in
order to ensure sound and appropriate
management of its operations.
Accordingly, the Applicant represents
that its operations do not lend
themselves to the abuses against which
the Act is directed, and states that it
believes it satisfies the standards for
relief under section 6(c) of the Act.
Applicant’s Conditions
The Applicant agrees that the order
granting the requested relief will be
subject to the following conditions:
1. In connection with any offering by
the Applicant of its debt securities in
the United States, the Applicant will
appoint an agent in the United States to
accept service of process in any suit,
action or proceeding brought with
respect to such debt securities instituted
in any state or federal court in the
Borough of Manhattan, The City of New
York, New York. The Applicant will
expressly submit to the jurisdiction of
New York State and United States
Federal courts sitting in the Borough of
Manhattan, The City of New York, New
York with respect to any such suit,
action or proceeding. The Applicant
also will waive the defense of an
inconvenient forum to the maintenance
of any such action or proceeding. Such
appointment of an agent to accept
service of process and such consent to
jurisdiction shall be irrevocable until all
amounts due and to become due in
respect thereof have been paid. No such
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submission to jurisdiction or
appointment of agent for service of
process will affect the right of a holder
of any such security to bring suit in any
court which shall have jurisdiction over
the Applicant by virtue of the offer and
sale of such securities or otherwise.
2. The Applicant undertakes to
provide to any person to which it offers
its debt securities in the United States
disclosure documents that are at least so
comprehensive in their description of
the Applicant and its business as those
which may be used by comparable U.S.
issuers in similar U.S. offerings of such
securities and that contain the latest
available audited annual financial
statements (and, if available, reviewed
interim financial statements) of the
Applicant. The Applicant further
undertakes to ensure that any
underwriter or dealer through whom it
makes such offers will provide such
disclosure documents to each person to
whom such offers are made prior to any
sale of securities to such offeree. Such
documents will be updated promptly to
reflect any material change in the
Applicant’s financial status and shall be
at least as comprehensive as offering
memoranda customarily used in similar
offerings in the United States. Any
offering of the Applicant’s securities in
the United States shall comply with
applicable U.S. securities and anti-fraud
laws and regulations.
3. The Applicant shall rely upon the
order so long as (i) the Applicant’s
activities conform in all material
respects to the activities described in
the application, (ii) the Applicant
continues to be regulated by the
Minister of Finance, the FSA or other
applicable Japanese regulatory
authorities as a policy and development
financial organization as described in
the application, (iii) the Applicant
continues to follow, in all material
respects, the voluntary compliance
measures described in the application,
(iv) there is no material change in the
Applicant’s primary mission or how it
is regulated as compared to today, and
(v) the Japanese Government continues
to hold at least 10% of the Applicant’s
issued share capital.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–22373 Filed 10–8–20; 8:45 am]
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64181
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting; Cancellation
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 85 FR 62361, October
2, 2020.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Wednesday, October 7,
2020 at 2:00 p.m.
The Closed
Meeting scheduled for Wednesday,
October 7, 2020 at 2:00 p.m., has been
cancelled.
CHANGES IN THE MEETING:
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Dated: October 7, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020–22552 Filed 10–7–20; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Advisers Act Release No. 5607/
File No. 803–00253]
D.B. Fitzpatrick & Co., Inc.
October 6, 2020.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice.
AGENCY:
Notice of application for an exemptive
order under Section 206A of the
Investment Advisers Act of 1940 (the
‘‘Act’’) and rule 206(4)–5(e) under the
Act.
APPLICANT: D.B. Fitzpatrick & Co., Inc.
(‘‘Applicant’’).
SUMMARY OF APPLICATION: Applicant
filed an application for an order under
Section 206A of the Act and rule
206(4)–5(e) under the Act exempting it
from rule 206(4)–5(a)(1) under the Act
to permit Applicant to receive
compensation from a government entity
for investment advisory services
provided to the government entity
within the two-year period following
contributions by a covered associate of
the Applicant to an official of the
government entity. The Commission
issued a notice of application on April
9, 2020 1 (‘‘Notice’’). The Commission
did not receive a hearing request and
issued an order on May 5, 2020 2
1 Investment Advisers Act Release No. 5475 (Apr.
9, 2020) (notice).
2 Investment Advisers Act Release No. 5946 (May
5, 2020) (order).
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09OCN1
Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Page 64181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22552]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting; Cancellation
FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 85 FR 62361,
October 2, 2020.
PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Wednesday, October
7, 2020 at 2:00 p.m.
CHANGES IN THE MEETING: The Closed Meeting scheduled for Wednesday,
October 7, 2020 at 2:00 p.m., has been cancelled.
CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
Dated: October 7, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-22552 Filed 10-7-20; 4:15 pm]
BILLING CODE 8011-01-P