High Income Securities Fund, 51397-51398 [2021-19820]
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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices
fulfill its statutory obligations to protect
investors and maintain fair and orderly
markets that would otherwise result if
the temporary amendments were to
expire on August 31, 2021.18
Importantly, extending the relief
provided in SR–NASDAQ–2021–033
immediately upon filing and without a
30-day operative delay will allow the
Exchange to continue critical
adjudicatory and review processes in a
reasonable and fair manner and meet its
critical investor protection goals, while
also following best practices with
respect to the health and safety of its
employees.19 The Commission also
notes that this proposal extends without
change the temporary relief previously
provided by SR–NASDAQ–2021–033.20
As proposed, the changes would be in
place through December 31, 2021 and
the amended rules will revert back to
their original state at the conclusion of
the temporary relief period and, if
applicable, any extension thereof.21 For
these reasons, the Commission believes
that waiver of the 30-day operative
delay for this proposal is consistent
with the protection of investors and the
public interest. Accordingly, the
Commission hereby waives the 30-day
operative delay and designates the
proposal operative upon filing.22
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
18 See
supra Item II.
FINRA Filing, 86 FR at 47171 (noting the
same in granting FINRA’s request to waive the 30day operative delay so that SR–FINRA–2021–019
would become operative immediately upon filing).
20 See supra note 5.
21 See supra note 4. As noted above, the Exchange
states that if it requires temporary relief from the
rule requirements identified in this proposal
beyond December 31, 2021, it may submit a
separate rule filing to extend the effectiveness of the
temporary relief under these rules.
22 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule change’s impact on efficiency,
competition, and capital formation. See 15 U.S.C.
78c(f).
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19 See
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51397
Comments may be submitted by any of
the following methods:
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Investment Company Act Release No.
34373; File No. 812–15230]
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2021–067 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2021–067. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2021–067 and should be
submitted on or before October 6, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–19856 Filed 9–14–21; 8:45 am]
BILLING CODE 8011–01–P
23 17
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CFR 200.30–3(a)(12).
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High Income Securities Fund
September 9, 2021.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice.
AGENCY:
Notice of an application under section
6(c) of the Investment Company Act of
1940 (‘‘Act’’) for an exemption from
section 19(b) of the Act and rule
19b–1 under the Act to permit a
registered closed-end investment
company to make periodic distributions
of long-term capital gains more
frequently than permitted by section
19(b) or rule
19b–1.
Applicant: High Income Securities
Fund, a Massachusetts business trust
that is an internally managed registered
closed-end diversified management
investment company (the ‘‘Fund’’ or the
‘‘Applicant’’).1
Filing Dates: The application was
filed on May 13, 2021, and amended on
July 7, 2021.
Hearing or Notification of Hearing: An
order granting the requested relief will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by emailing the
Commission’s Secretary at SecretarysOffice@sec.gov and serving applicants
with a copy of the request by email.
Hearing requests should be received by
the Commission by 5:30 p.m. on
October 4, 2021, and should be
accompanied by proof of service on
applicants, in the form of an affidavit or,
for lawyers, a certificate of service.
Pursuant to rule 0–5 under the Act,
hearing requests should state the nature
of the writer’s interest, any facts bearing
upon the desirability of a hearing on the
matter, the reason for the request, and
the issues contested. Persons who wish
to be notified of a hearing may request
notification by emailing the
Commission’s Secretary at SecretarysOffice@sec.gov.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov. Applicants:
c/o Thomas R. Westle, Esq., Blank Rome
LLP, twestle@blankrome.com.
FOR FURTHER INFORMATION CONTACT:
Deepak T. Pai, Senior Counsel, at (202)
551–6876 or Trace W. Rakestraw,
1 Applicants request that the order also apply to
any successor in interest to the Fund. A successor
in interest is limited to entities that result from a
reorganization into another jurisdiction or a change
in the type of business organization.
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51398
Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices
Branch Chief, at (202) 551–6825
(Division of Investment Management,
Chief Counsel’s Office).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
website by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm, or by
calling (202) 551–8090.
Summary of the Application:
1. Section 19(b) of the Act generally
makes it unlawful for any registered
investment company to make long-term
capital gains distributions more than
once every twelve months. Rule 19b–1
under the Act limits to one the number
of capital gain dividends, as defined in
section 852(b)(3)(C) of the Internal
Revenue Code of 1986 (‘‘Code,’’ and
such dividends, ‘‘distributions’’), that a
registered investment company may
make with respect to any one taxable
year, plus a supplemental distribution
made pursuant to section 855 of the
Code not exceeding 10% of the total
amount distributed for the year, plus
one additional capital gain dividend
made in whole or in part to avoid the
excise tax under section 4982 of the
Code.
2. Applicant believes that investors in
certain closed-end funds may prefer an
investment vehicle that provides regular
current income through a fixed
distribution policy (‘‘Distribution
Policy’’). Applicant proposes that the
Fund be permitted to adopt a
Distribution Policy, pursuant to which
the Fund would distribute periodically
to its shareholders a fixed percentage of
the market price of the Fund’s common
shares at a particular point in time or a
fixed percentage of net asset value
(‘‘NAV’’) at a particular time or a fixed
amount per share of common shares,
any of which may be adjusted from time
to time.
3. Applicant requests an order under
section 6(c) of the Act granting an
exemption from section 19(b) of the Act
and rule 19b–1 to permit a Fund to
distribute periodic capital gain
dividends (as defined in section
852(b)(3)(C) of the Code) as frequently
as twelve times in any one taxable year
in respect of its common shares (and as
often as specified by, or determined in
accordance with the terms of, any
preferred shares issued by the Fund).2
Section 6(c) of the Act provides, in
relevant part, that the Commission may
exempt any person or transaction from
2 Although the Fund does not currently intend to
issue preferred shares, the board may authorize the
issuance of preferred shares in the future.
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any provision of the Act to the extent
that such exemption is necessary or
appropriate in the public interest and
consistent with the protection of
investors and the purposes fairly
intended by the policy and provisions of
the Act.
4. Applicant states that any order
granting the requested relief will be
subject to the terms and conditions
stated in the application, which
generally are designed to address the
concerns underlying section 19(b) and
rule 19b–1, including concerns about
proper disclosures and shareholders’
understanding of the source(s) of a
Fund’s distributions and concerns about
improper sales practices. Among other
things, such terms and conditions
require that (1) the board of trustees of
the Fund (the ‘‘Board’’) request and
evaluate, and the Fund will furnish,
such information as may be reasonably
necessary to make an informed
determination of whether to adopt the
proposed Distribution Policy and that
the Board periodically review the
amount of the distributions in light of
the investment experience of the Fund,
and (2) that the Fund’s shareholders
receive appropriate disclosures
concerning the distributions.
For the Commission, by the Division of
Investment Management, under delegated
authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–19820 Filed 9–14–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–92917; No. SR–NYSEArca–
2021–79]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Modify the NYSE Arca
Options Fee Schedule
September 9, 2021.
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
September 1, 2021, NYSE Arca, Inc.
(‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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Fmt 4703
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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 modify the
NYSE Arca Options Fee Schedule (‘‘Fee
Schedule’’) regarding certain pricing
incentives. The Exchange proposes to
implement the fee change effective
September 1, 2021. The proposed rule
change is available on the Exchange’s
website at www.nyse.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to amend
the Fee Schedule to modify certain
pricing incentives. Specifically, the
Exchange proposes to modify the
‘‘Discount in Take Liquidity Fees for
Professional Customer and NonCustomer Liquidity Removing Interest,’’
the ‘‘Market Maker Penny and SPY
Posting Credit Tiers,’’ and the ‘‘Market
Maker Incentive For Non-Penny Issues,’’
as described below. The Exchange
proposes to implement the fee change
effective September 1, 2021.
Discount in Take Liquidity Fees for
Professional Customers and NonCustomer Liquidity Removing Interest
(the ‘‘Take Fee Discount’’)
If an OTP Holder or OTP Firm
(collectively ‘‘OTP Holders’’) executes a
transaction that removes or ‘‘takes’’
liquidity on the Exchange, the OTP
Holder is charged a ‘‘Take Liquidity’’ fee
(referred to herein as ‘‘Take Fees’’) and
such liquidity may be referred to as
‘‘Liquidity Removing’’ or liquidity
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Agencies
[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51397-51398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19820]
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SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 34373; File No. 812-15230]
High Income Securities Fund
September 9, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 19(b) of
the Act and rule 19b-1 under the Act to permit a registered closed-end
investment company to make periodic distributions of long-term capital
gains more frequently than permitted by section 19(b) or rule 19b-1.
Applicant: High Income Securities Fund, a Massachusetts business
trust that is an internally managed registered closed-end diversified
management investment company (the ``Fund'' or the ``Applicant'').\1\
---------------------------------------------------------------------------
\1\ Applicants request that the order also apply to any
successor in interest to the Fund. A successor in interest is
limited to entities that result from a reorganization into another
jurisdiction or a change in the type of business organization.
---------------------------------------------------------------------------
Filing Dates: The application was filed on May 13, 2021, and
amended on July 7, 2021.
Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at [email protected] and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on October 4, 2021, and should be
accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at [email protected].
ADDRESSES: The Commission: [email protected]. Applicants: c/o
Thomas R. Westle, Esq., Blank Rome LLP, [email protected].
FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876 or Trace W. Rakestraw,
[[Page 51398]]
Branch Chief, at (202) 551-6825 (Division of Investment Management,
Chief Counsel's Office).
SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at https://www.sec.gov/search/search.htm, or by calling (202) 551-8090.
Summary of the Application:
1. Section 19(b) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. Rule 19b-1 under the
Act limits to one the number of capital gain dividends, as defined in
section 852(b)(3)(C) of the Internal Revenue Code of 1986 (``Code,''
and such dividends, ``distributions''), that a registered investment
company may make with respect to any one taxable year, plus a
supplemental distribution made pursuant to section 855 of the Code not
exceeding 10% of the total amount distributed for the year, plus one
additional capital gain dividend made in whole or in part to avoid the
excise tax under section 4982 of the Code.
2. Applicant believes that investors in certain closed-end funds
may prefer an investment vehicle that provides regular current income
through a fixed distribution policy (``Distribution Policy'').
Applicant proposes that the Fund be permitted to adopt a Distribution
Policy, pursuant to which the Fund would distribute periodically to its
shareholders a fixed percentage of the market price of the Fund's
common shares at a particular point in time or a fixed percentage of
net asset value (``NAV'') at a particular time or a fixed amount per
share of common shares, any of which may be adjusted from time to time.
3. Applicant requests an order under section 6(c) of the Act
granting an exemption from section 19(b) of the Act and rule 19b-1 to
permit a Fund to distribute periodic capital gain dividends (as defined
in section 852(b)(3)(C) of the Code) as frequently as twelve times in
any one taxable year in respect of its common shares (and as often as
specified by, or determined in accordance with the terms of, any
preferred shares issued by the Fund).\2\ Section 6(c) of the Act
provides, in relevant part, that the Commission may exempt any person
or transaction from any provision of the Act to the extent that such
exemption is necessary or appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Act.
---------------------------------------------------------------------------
\2\ Although the Fund does not currently intend to issue
preferred shares, the board may authorize the issuance of preferred
shares in the future.
---------------------------------------------------------------------------
4. Applicant states that any order granting the requested relief
will be subject to the terms and conditions stated in the application,
which generally are designed to address the concerns underlying section
19(b) and rule 19b-1, including concerns about proper disclosures and
shareholders' understanding of the source(s) of a Fund's distributions
and concerns about improper sales practices. Among other things, such
terms and conditions require that (1) the board of trustees of the Fund
(the ``Board'') request and evaluate, and the Fund will furnish, such
information as may be reasonably necessary to make an informed
determination of whether to adopt the proposed Distribution Policy and
that the Board periodically review the amount of the distributions in
light of the investment experience of the Fund, and (2) that the Fund's
shareholders receive appropriate disclosures concerning the
distributions.
For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19820 Filed 9-14-21; 8:45 am]
BILLING CODE 8011-01-P