Gemcorp Capital Advisors LLC and Gemcorp Commodities Alternative Products Fund, 86023-86024 [2024-25046]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
this filing furthers the objectives of
Section 6(b)(5) of the Act because the
proposed rule change would be
consistent with and facilitate a
governance and regulatory structure that
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to, and perfect the
mechanism of a free and open market
and a national market system and, in
general, to protect investors and the
public interest. Particularly, the
Exchange believes that, by permitting
stockholders of Cboe to bring business
or Stockholder Nominees before a
special meeting, the proposed rule
change strengthens the corporate
governance of the Exchange’s ultimate
parent company, which is beneficial to
both investors and the public interest.
Additionally, the procedural
requirements are designed to help
protect investors by stating clearly and
explicitly the procedures stockholders
must follow in order to bring business
or Stockholder Nominees before a
special meeting. The informational
requirements are designed to enhance
investor protection by helping to ensure
among other things, that the Corporation
and its stockholders have full and
accurate information about nominating
stockholders and Stockholder Nominees
and that such stockholders and
nominees comply with applicable laws,
regulations and other requirements.
The changes that the Exchange is
proposing with regard to so-called
‘‘advance notice bylaws’’ in light of the
recent developments in Delaware law
are designed to help provide additional
clarity to stockholders wishing to bring
business before a stockholder meeting or
propose a Stockholder Nominee. The
Exchange believes that this filing
furthers the objectives of Section 6(b)(5)
by simplifying the requirements and
clarifying the information that must be
disclosed by stockholders. This furthers
the interests of investors and the public
by removing potential impediments to
raising business or proposing
Stockholder Nominees that may
otherwise restrict a stockholder’s ability
to participate in the corporate
governance of the Corporation.
Finally, the remaining changes to
existing provisions of the CGM Bylaws
are clarifying in nature, and they
enhance investor protection and the
public interest by preventing confusion
with respect to the operation of the
Bylaw provisions.
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
Because the proposed rule change
relates to the governance of the
Corporation and not to the operations of
the Exchange, the Exchange does not
believe that the proposed rule change
will impose any burden on competition
not necessary or appropriate in
furtherance of the purposes of the Act.
The proposed rule change is not
designed to address any competitive
issue or have any impact on
competition; rather, adoption of a
stockholder special meeting provision,
updating ‘‘advance notice bylaws,’’ and
other bylaws updates by the Corporation
are intended to enhance corporate
governance and accountability to
stockholders.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the Exchange consents, the Commission
will:
A. by order approve or disapprove
such proposed rule change, or
B. Institute proceedings to determine
whether the proposed rule change
should be disapproved.
86023
All submissions should refer to file
number SR–CBOE–2024–041. 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
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–CBOE–2024–041 and should be
submitted on or before November 19,
2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Sherry R. Haywood,
Assistant Secretary.
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.
Comments may be submitted by any of
the following methods:
[FR Doc. 2024–25053 Filed 10–28–24; 8:45 am]
Electronic Comments
• 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–
CBOE–2024–041 on the subject line.
Gemcorp Capital Advisors LLC and
Gemcorp Commodities Alternative
Products Fund
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
Notice of an application under section
6(c) of the Investment Company Act of
1940 (the ‘‘Act’’) for an exemption from
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
35328A; 812–15596]
October 23, 2024.
Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’).
ACTION: Notice.
AGENCY:
7 17
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CFR 200.30–3(a)(12).
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khammond on DSKJM1Z7X2PROD with NOTICES
86024
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Notices
sections 18(a)(2), 18(c) and 18(i) of the
Act, under sections 6(c) and 23(c) of the
Act for an exemption from rule 23c–3
under the Act, and for an order pursuant
to section 17(d) of the Act and rule 17d–
1 under the Act.
SUMMARY OF APPLICATION: Applicants
request an order to permit certain
registered closed-end investment
companies to issue multiple classes of
shares and to impose asset-based
distribution and/or service fees and
early withdrawal charges.1
APPLICANTS: Gemcorp Capital Advisors
LLC and Gemcorp Commodities
Alternative Products Fund.
FILING DATES: The application was filed
on June 28, 2024, and amended on July
11, 2024, August 23, 2024, and October
22, 2024.
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 November 13, 2024, 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:
Secretarys-Office@sec.gov. Applicants:
Sally-Jane Miller, sjmiller@gemcorp.net,
with a copy to Kaitlin McGrath, Esq.,
Dechert LLP, One International Place,
40th Floor, 100 Oliver Street, Boston,
Massachusetts 02110–2605.
FOR FURTHER INFORMATION CONTACT:
Trace W. Rakestraw, Senior Special
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’ application, dated October
1 The Commission issued a notice of application
on September 19, 2024. Applicants subsequently
amended the application on October 22, 2024, so
a new notice is being issued.
VerDate Sep<11>2014
17:34 Oct 28, 2024
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22, 2024, 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. 2024–25046 Filed 10–28–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–101418; File No. SR–
SAPPHIRE–2024–32]
Self-Regulatory Organizations; MIAX
Sapphire, LLC; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change by MIAX Sapphire, LLC
To Adopt Connectivity and Certain
Port Fees for Members and NonMembers
October 23, 2024.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
10, 2024, MIAX Sapphire, LLC (‘‘MIAX
Sapphire’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a 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
The Exchange is filing a proposal to
amend the MIAX Sapphire Options
Exchange Fee Schedule (the ‘‘Fee
Schedule’’) to adopt certain nontransaction fees. The text of the
proposed rule change is available on the
Exchange’s website at https://
www.miaxglobal.com/markets/usoptions/miax-sapphire/rule-filings, at
the Exchange’s principal office, and at
the Commission’s Public Reference
Room.
1 15
2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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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
Exchange 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 these
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 aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On July 15, 2024, the U.S. Securities
and Exchange Commission
(‘‘Commission’’) approved the
Exchange’s Form 1 application to
register as a national securities exchange
under Section 6 of the Exchange Act.3
The Exchange commenced electronic
operations on August 12, 2024.4 The
Exchange proposes to establish the
following sections of the Fee Schedule,
including proposed fee structures and
amounts (the majority of which the
Exchange proposes to waive for a
specified time, as discussed further
below): (1) connectivity fees for
Members 5 and non-Members; and (2)
certain port fees for Members and nonMembers.6 The Exchange initially filed
this proposal on August 9, 2024 (SR–
SAPPHIRE–2024–21). The Exchange
withdrew SR–SAPPHIRE–2024–21 on
August 14, 2024 and submitted SR–
SAPPHIRE–2024–22. On October 10,
2024, the Exchange withdrew SR–
3 See Securities Exchange Act Release No. 100539
(July 15, 2024), 89 FR 58848 (July 19, 2024) (File
No. 10–240) (the ‘‘Approval Order’’).
4 See MIAX Sapphire News Alert, dated August
13, 2024, available at https://www.miaxglobal.com/
alert/2024/08/13/miami-international-holdingsannounces-successful-launch-miaxsapphire?nav=all.
5 The term ‘‘Member’’ means an individual or
organization that is registered with the Exchange
pursuant to Chapter II of the Exchange’s Rules for
purposes of trading on the Exchange as an
‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’
Members are deemed ‘‘members’’ under the
Exchange Act. See Exchange Rule 100.
6 The Exchange filed a separate rule filing to
establish fees for Purge Ports. See SR–SAPPHIRE–
2024–15. ‘‘Purge Ports’’ provide Market Makers
with the ability to send quote purge messages to the
MIAX Sapphire System. Purge Ports are not capable
of sending or receiving any other type of messages
or information. See the Definitions section of the
Fee Schedule. Fees for all other types of ports are
proposed in this filing.
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]]>Agencies
[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Notices]
[Pages 86023-86024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25046]
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SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 35328A; 812-15596]
Gemcorp Capital Advisors LLC and Gemcorp Commodities Alternative
Products Fund
October 23, 2024.
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 (the ``Act'') for an exemption from
[[Page 86024]]
sections 18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and
23(c) of the Act for an exemption from rule 23c-3 under the Act, and
for an order pursuant to section 17(d) of the Act and rule 17d-1 under
the Act.
Summary of Application: Applicants request an order to permit certain
registered closed-end investment companies to issue multiple classes of
shares and to impose asset-based distribution and/or service fees and
early withdrawal charges.\1\
---------------------------------------------------------------------------
\1\ The Commission issued a notice of application on September
19, 2024. Applicants subsequently amended the application on October
22, 2024, so a new notice is being issued.
Applicants: Gemcorp Capital Advisors LLC and Gemcorp Commodities
---------------------------------------------------------------------------
Alternative Products Fund.
Filing Dates: The application was filed on June 28, 2024, and amended
on July 11, 2024, August 23, 2024, and October 22, 2024.
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 November
13, 2024, 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:
Sally-Jane Miller, [email protected], with a copy to Kaitlin
McGrath, Esq., Dechert LLP, One International Place, 40th Floor, 100
Oliver Street, Boston, Massachusetts 02110-2605.
FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
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' application,
dated October 22, 2024, 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. 2024-25046 Filed 10-28-24; 8:45 am]
BILLING CODE 8011-01-P
