Investment Managers Series Trust II and Embassy Asset Management, LP, 24456 [2023-08306]
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Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Notices
‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (the ‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend its rules relating to the
processing of auction responses. The
proposed rule change was published for
comment in the Federal Register on
October 20, 2022.3 On November 23,
2022, pursuant to Section 19(b)(2) of the
Act,4 the Commission designated a
longer period within which to approve
the proposed rule change, disapprove
the proposed rule change, or institute
proceedings to determine whether to
disapprove the proposed rule change.5
On January 18, 2023, the Commission
instituted proceedings under Section
19(b)(2)(B) of the Act 6 to determine
whether to approve or disapprove the
proposed rule change.7 On April 10,
2023, the Exchange submitted
Amendment No. 1 to the proposed rule
change, which replaced and superseded
the proposed rule change in its
entirety.8
Section 19(b)(2) of the Act 9 provides
that, after initiating disapproval
proceedings, the Commission shall issue
an order approving or disapproving the
proposed rule change not later than 180
days after the date of publication of
notice of filing of the proposed rule
change. The Commission may extend
the period for issuing an order
approving or disapproving the proposed
rule change, however, by not more than
60 days if the Commission determines
that a longer period is appropriate and
publishes the reasons for such
determination. The date of the
publication of notice of the proposed
rule change October 20, 2022. The 180th
day after the publication of the notice of
the proposed rule change is April 18,
2023, and June 17, 2023 is 240 days
from that date.
The Commission finds that it is
appropriate to designate a longer period
within which to conclude proceedings
on the proposed rule change so that it
has sufficient time to consider the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 96081
(October 14, 2022), 87 FR 63830.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 96380,
87 FR 73366 (November 29, 2022). The Commission
designated January 18, 2023 as the date by which
the Commission shall approve or disapprove, or
institute proceedings to determine whether to
disapprove, the proposed rule change.
6 15 U.S.C. 78s(b)(2)(B).
7 See Securities Exchange Act Release No. 96684,
88 FR 4243 (January 24, 2023).
8 The full text of Amendment No. 1 is available
on the Commission’s website at: https://
www.sec.gov/comments/sr-cboe-2022-051/
srcboe2022051-20163989-333985.pdf.
9 15 U.S.C. 78s(b)(2).
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proposed this proposed rule change and
the proposed amendment. Accordingly,
the Commission, pursuant to Section
19(b)(2) of the Act,10 designates June 17,
2023, as the date by which the
Commission shall either approve or
disapprove the proposed rule change, as
modified by Amendment No. 1 (File No.
SR–CBOE–2022–051).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–08307 Filed 4–19–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
34886; 812–15410]
Investment Managers Series Trust II
and Embassy Asset Management, LP
April 14, 2023.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
ACTION: Notice.
AGENCY:
Notice of an application under section
6(c) of the Investment Company Act of
1940 (‘‘Act’’) for an exemption from
section 15(a) of the Act, as well as from
certain disclosure requirements in rule
20a–1 under the Act, Item 19(a)(3) of
Form N–1A, Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities
Exchange Act of 1934, and sections 6–
07(2)(a), (b), and (c) of Regulation S–X
(‘‘Disclosure Requirements’’).
SUMMARY OF APPLICATION: The requested
exemption would permit Applicants to
enter into and materially amend
subadvisory agreements with
subadvisers without shareholder
approval and grant relief from the
Disclosure Requirements as they relate
to fees paid to the subadvisers.
APPLICANTS: Investment Managers
Series Trust II and Embassy Asset
Management, LP.
FILING DATES: The application was filed
on November 18, 2022, and amended on
March 10, 2023.
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 on any application by
emailing the SEC’s Secretary at
Secretarys-Office@sec.gov and serving
the Applicants with a copy of the
request by email, if an email address is
listed for the relevant Applicant below,
or personally or by mail, if a physical
address is listed for the relevant
Applicant below. Hearing requests
should be received by the Commission
by 5:30 p.m. on May 9, 2023, and
should be accompanied by proof of
service on the 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.
The Commission:
Secretarys-Office@sec.gov. Applicants:
Diane Drake, Esq., diane.drake@mfacca.com, Investment Managers Series
Trust II, 235 West Galena Street,
Milwaukee, WI 53212, and Laurie Anne
Dee, Esq., laurie.dee@morganlewis.com,
Morgan, Lewis & Bockius LLP, 600
Anton Boulevard, Suite 1800, Costa
Mesa, CA 92626–7653.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher D. Carlson, Senior Counsel,
or Daniele Marchesani, Assistant Chief
Counsel, at (202) 551–6825 (Division of
Investment Management, Chief
Counsel’s Office).
For
Applicants’ representations, legal
analysis, and conditions, please refer to
Applicants’ amended application, dated
March 10, 2023, which may be obtained
via the Commission’s website by
searching for the file number at the top
of this document, or for an Applicant
using the Company name search field
on the SEC’s EDGAR system. The SEC’s
EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/
legacy/companysearch.html. You may
also call the SEC’s Public Reference
Room at (202) 551–8090.
SUPPLEMENTARY INFORMATION:
For the Commission, by the Division of
Investment Management, under delegated
authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–08306 Filed 4–19–23; 8:45 am]
BILLING CODE 8011–01–P
10 Id.
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PO 00000
CFR 200.30–3(a)(57).
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[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Page 24456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08306]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 34886; 812-15410]
Investment Managers Series Trust II and Embassy Asset Management,
LP
April 14, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').
ACTION: Notice.
-----------------------------------------------------------------------
Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act, as well as from certain disclosure requirements in rule 20a-1
under the Act, Item 19(a)(3) of Form N-1A, Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A under the
Securities Exchange Act of 1934, and sections 6-07(2)(a), (b), and (c)
of Regulation S-X (``Disclosure Requirements'').
Summary of Application: The requested exemption would permit
Applicants to enter into and materially amend subadvisory agreements
with subadvisers without shareholder approval and grant relief from the
Disclosure Requirements as they relate to fees paid to the subadvisers.
Applicants: Investment Managers Series Trust II and Embassy Asset
Management, LP.
Filing Dates: The application was filed on November 18, 2022, and
amended on March 10, 2023.
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 on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on May 9,
2023, and should be accompanied by proof of service on the 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.
ADDRESSES: The Commission: [email protected]. Applicants: Diane
Drake, Esq., ca.com">[email protected]ca.com, Investment Managers Series Trust
II, 235 West Galena Street, Milwaukee, WI 53212, and Laurie Anne Dee,
Esq., [email protected], Morgan, Lewis & Bockius LLP, 600
Anton Boulevard, Suite 1800, Costa Mesa, CA 92626-7653.
FOR FURTHER INFORMATION CONTACT: Christopher D. Carlson, Senior
Counsel, or Daniele Marchesani, Assistant Chief Counsel, at (202) 551-
6825 (Division of Investment Management, Chief Counsel's Office).
SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' amended
application, dated March 10, 2023, which may be obtained via the
Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at (202) 551-8090.
For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-08306 Filed 4-19-23; 8:45 am]
BILLING CODE 8011-01-P
