81 FR 18674 - AMCAP Fund, et al.; Notice of Application
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 62 (March 31, 2016)
Federal Register Volume 81, Issue 62 (March 31, 2016)
| Page Range | 18674-18679 | |
| FR Document | 2016-07193 |
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)] [Notices] [Pages 18674-18679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07193] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 32049; File No. 812-14384] AMCAP Fund, et al.; Notice of Application March 24, 2016. AGENCY: Securities and Exchange Commission (``Commission''). ACTION: Notice of an application for an order pursuant to section 6(c) of the Investment Company Act of 1940 (``Act'') granting an exemption from sections 18(f) and 21(b) of the Act; pursuant to section 12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of the Act; pursuant to sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and pursuant to section 17(d) of the Act and rule 17d-1 under the Act to permit certain joint arrangements. ----------------------------------------------------------------------- Summary of the Application: Applicants request an order that would permit certain registered open-end management investment companies to participate in a joint lending and borrowing facility. Applicants: AMCAP Fund; American Balanced Fund; American Funds College Target Date Series; American Funds Corporate Bond Fund; American Funds Developing World Growth and Income Fund; American Funds Emerging Markets Bond Fund; American Funds Fundamental Investors; American Funds Global Balanced Fund; American Funds Global High-Income Opportunities Fund; The American Funds Income Series; American Funds Inflation Linked Bond Fund; American Funds Insurance Series; American Funds Money Market Fund; American Funds Mortgage Fund; American Funds Portfolio Series; American Funds Retirement Income Portfolio Series; American Funds Short-Term Tax-Exempt Bond Fund; American Funds Strategic Bond Fund; American Funds Target Date Retirement Series; American Funds Tax-Exempt Fund of New York; The American Funds Tax-Exempt Series I; The American Funds Tax-Exempt Series II; American High-Income Municipal Bond Fund; American High-Income Trust; American Mutual Fund; The Bond Fund of America; Capital Group Emerging Markets Total Opportunities Fund; Capital Group Private Client Services Funds; Capital Income Builder; Capital World Bond Fund; Capital World Growth and Income Fund; EuroPacific Growth Fund; The Growth Fund of America; The Income Fund of America; Intermediate Bond Fund of America; International Growth and Income Fund; The Investment Company of America; Limited Term Tax-Exempt Bond Fund of America; The New Economy Fund; New Perspective Fund; New World Fund, Inc.; Short-Term Bond Fund of America; SMALLCAP World Fund, Inc.; The Tax-Exempt Bond Fund of America; Washington Mutual Investors Fund (each, a ``Fund'' and together, the ``Funds''); Capital Research and Management Company (``CRMC''); and Capital Guardian Trust Company (``CGTC''). Filing Dates: The application was filed on October 30, 2014, and amended on March 3, 2015, August 17, 2015, February 4, 2016, and March 22, 2016. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on April 18, 2016, 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 [[Page 18675]] 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 writing to the Commission's Secretary. ADDRESSES: Brent J. Fields, Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: Capital Research and Management Company, 333 South Hope Street, 33rd Floor, Los Angeles, CA 90071. FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at (202) 551-6873 or Mary Kay Frech, Branch Chief, at (202) 551-6821 (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 Web site by searching for the file number, or for an applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling (202) 551-8090. Applicants' Representations 1. Each Fund is organized as a Maryland corporation, Massachusetts business trust or Delaware statutory trust and is registered with the Commission as an open-end management investment company. Each Fund consists of one or more multiple series and each such series is included in the term ``Fund.'' American Funds Money Market Fund and American Funds Insurance Series--Cash Management Fund each operate as a money market fund in reliance on rule 2a-7 under the Act (together with any future Fund that relies on rule 2a-7, the ``Money Market Funds''). CRMC is a Delaware corporation and CGTC is a California corporation and an indirect wholly-owned subsidiary of CRMC. CRMC and CGTC are each registered as an investment adviser under the Investment Advisers Act of 1940 (``Advisers Act'').\1\ CRMC or CGTC currently serves as the investment adviser to the Funds. --------------------------------------------------------------------------- \1\ Applicants request that the relief also apply to any existing or future series of the Funds and to any other registered open-end management investment company or series thereof advised by CRMC, CGTC, or any entity controlling, controlled by, or under common control with the CRMC or GCTC (each such entity, an ``Adviser'') that currently, or in the future, is part of the same ``group of investment companies'' as the Funds, as defined in section 12(d)(1)(G)(ii) of the Act (included in the term ``Funds''). All entities that currently intend to rely on the requested order have been named as applicants. Any other entity that relies on the requested order in the future will comply with the terms and conditions set forth in the application. Any other Adviser will be registered as an investment adviser under the Advisers Act. All references to the term ``Adviser'' include successors-in-interest to an Adviser. Successors-in-interest are limited to any entity resulting from a reorganization of the Adviser into another jurisdiction or a change in the type of business organization. --------------------------------------------------------------------------- 2. At any particular time, while some Funds enter into repurchase agreements, or invest their cash balances in money market funds or other short-term instruments, other Funds may need to borrow money for temporary purposes to satisfy redemption requests, to cover unanticipated cash shortfalls such as a trade ``fail'' in which cash payment for a security sold by a Fund has been delayed, or for other temporary purposes. Under existing custody agreements, each Fund's custodian bank may advance money to the Fund which will be treated as a loan payable upon demand and bear interest at a rate customarily charged by the bank. These loans are available at the custodian bank's discretion, in the amounts the custodian bank chooses to make available at the time, because they are uncommitted. 3. If a Fund borrows from its custodian bank, the Fund generally would pay interest on the loan at a rate that is significantly higher than the rate that is earned by other (non-borrowing) Funds on investments in repurchase agreements, money market funds, and other short-term instruments of the same maturity as the bank loan. Applicants assert that this differential represents the profit earned by the lender on loans and is not attributable to any material difference in the credit quality or risk of such transactions. 4. The Funds seek to enter into master interfund lending agreements (``Interfund Lending Agreements'') with each other that would permit each Fund to lend money directly to and borrow directly from other Funds through a credit facility for temporary purposes (an ``Interfund Loan''). The Money Market Funds will not participate as borrowers in the interfund lending facility. Applicants state that the proposed credit facility is expected to both reduce the Funds' potential borrowing costs and enhance the ability of the lending Funds to earn higher rates of interest on their short-term lendings. Although the proposed credit facility would reduce the Funds' need to borrow from banks, the Funds would be free to establish and maintain committed lines of credit or other borrowing arrangements with unaffiliated banks. 5. Applicants anticipate that the proposed credit facility would provide a borrowing Fund with savings at times when the cash position of the borrowing Fund is insufficient to meet temporary cash requirements. This situation could arise when shareholder redemptions exceed anticipated volumes and certain Funds have insufficient cash on hand to satisfy such redemptions. When the Funds liquidate portfolio securities to meet redemption requests, they often do not receive payment in settlement for up to three days (or longer for certain foreign transactions). However, redemption requests normally are effected immediately. The proposed credit facility would provide a source of immediate, short-term liquidity pending settlement of the sale of portfolio securities. 6. Applicants also anticipate that a Fund could use the proposed credit facility when a sale of securities ``fails'' due to circumstances beyond the Fund's control, such as a delay in the delivery of cash to the Fund's custodian or improper delivery instructions by the broker effecting the transaction. ``Sales fails'' may present a cash shortfall if the Fund has undertaken to purchase a security using the proceeds from securities sold. Alternatively, the Fund could ``fail'' on its intended purchase due to lack of funds from the previous sale, resulting in additional cost to the Fund. Use of the proposed credit facility under these circumstances would enable the Fund to have access to immediate short-term liquidity. 7. While bank borrowings generally could supply needed cash to cover unanticipated redemptions and sales fails, under the proposed credit facility, a borrowing Fund would pay lower interest rates than those that would be payable under short-term loans offered by banks. In addition, Funds making short-term cash loans directly to other Funds would earn interest at a rate higher than they otherwise could obtain from investing their cash in repurchase agreements or money market funds. Thus, applicants assert that the proposed credit facility would benefit both borrowing and lending Funds. 8. The interest rate to be charged to the Funds on any Interfund Loan (the ``Interfund Loan Rate'') would be the average of the ``Repo Rate'' and the ``Bank Loan Rate,'' both as defined below. The Repo Rate for any day would be the highest or best (after giving effect to factors such as the credit quality of the counterparty) rate available to a lending Fund from investment in overnight repurchase agreements with counterparties approved by the Fund or its Adviser. The Bank Loan Rate for any [[Page 18676]] day would be calculated by the Interfund Lending Committee, as defined below, each day an Interfund Loan is made according to a formula established by each Fund's board of directors or trustees, as applicable (the ``Trustees'') intended to approximate the lowest interest rate at which bank short-term loans would be available to the Funds. The formula would be based upon a publicly available rate (e.g., Federal funds plus 25 basis points) and would vary with this rate so as to reflect changing bank loan rates. The initial formula and any subsequent modifications to the formula would be subject to the approval of each Fund's Trustees. In addition, each Fund's Trustees would periodically review the continuing appropriateness of using the formula to determine the Bank Loan Rate, as well as the relationship between the Bank Loan Rate and current bank loan rates that would be available to the Funds. 9. Certain members of the relevant Adviser's fund administration personnel and portfolio managers of the Money Market Funds (the ``Money Market portfolio managers'' and together with certain members of the Adviser's fund administration personnel, the ``Interfund Lending Committee'') will administer the credit facility. No portfolio manager of any Fund (other than a Money Market portfolio manager) will serve as a member of the Interfund Lending Committee. On any day on which a Fund intends to borrow money, the Interfund Lending Committee would make an Interfund Loan from a lending Fund to a borrowing Fund only if the Interfund Loan Rate is: (i) More favorable to the lending Fund than the Repo Rate and, if applicable, the yield of any money market fund in which the lending Fund could otherwise invest, and (ii) more favorable to the borrowing Fund than the Bank Loan Rate. 10. Under the proposed credit facility, the principal investment officer(s) (the ``PIO(s)'') for each participating Fund could provide standing instructions to participate daily as a borrower or lender; alternatively, the PIO(s) could provide instructions from time to time as to when the Fund wishes to participate as a borrower or lender. The Interfund Lending Committee on each business day would collect data on the uninvested cash and borrowing requirements of all participating Funds. Once it had determined the aggregate amount of cash available for loans and borrowing demand, the Interfund Lending Committee would allocate loans among borrowing Funds without any further communication from the portfolio managers of the Funds (other than a Money Market portfolio manager acting in his or her capacity as a member of the Interfund Lending Committee). All allocations made by the Interfund Lending Committee will require the approval of at least one member of the Interfund Lending Committee who has the title of Vice President or higher in any business unit of the relevant Adviser and is not a Money Market portfolio manager. Applicants anticipate that there typically will be far more available uninvested cash each day than borrowing demand. Therefore, after the Interfund Lending Committee has allocated cash for Interfund Loans, the Interfund Lending Committee will invest any remaining cash in accordance with the standing instructions of the portfolio managers or such remaining amounts will be invested directly by the portfolio managers of the Funds. 11. The Interfund Lending Committee would allocate borrowing demand and cash available for lending among the Funds on what the Interfund Lending Committee believes to be an equitable basis, subject to certain administrative procedures applicable to all Funds, such as the time of filing requests to participate, minimum loan lot sizes, and the need to minimize the number of transactions and associated administrative costs. To reduce transaction costs, each loan normally would be allocated in a manner intended to minimize the number of participants necessary to complete the loan transaction. The method of allocation and related administrative procedures would be approved by each Fund's Trustees, including a majority of Trustees who are not ``interested persons'' of the Fund, as that term is defined in section 2(a)(19) of the Act (``Independent Trustees''), to ensure that both borrowing and lending Funds participate on an equitable basis. 12. The relevant Adviser would: (i) Monitor the Interfund Loan Rate and the other terms and conditions of the loans; (ii) limit the borrowings and loans entered into by each Fund to ensure that they comply with the Fund's investment policies and limitations; (iii) ensure equitable treatment of each Fund; and (iv) make quarterly reports to the Trustees concerning any transactions by the Funds under the proposed credit facility and the Interfund Loan Rate charged. 13. The relevant Adviser, through the Interfund Lending Committee, would administer the proposed credit facility as a disinterested fiduciary as part of its duties under the investment management contract with each Fund and would receive no additional fee as compensation for its services in connection with the administration of the proposed credit facility. The relevant Adviser may collect standard pricing, record keeping, bookkeeping and accounting fees associated with the transfer of cash and/or securities in connection with repurchase and lending transactions generally, including transactions effected through the proposed credit facility. Such fees would be no higher than those applicable for comparable bank loan transactions. 14. No Fund may participate in the proposed credit facility unless: (i) The Fund has obtained shareholder approval for its participation, if such approval is required by law; (ii) the Fund has fully disclosed all material information concerning the credit facility in its prospectus and/or statement of additional information; and (iii) the Fund's participation in the credit facility is consistent with its investment objectives and limitations and organizational documents. 15. As part of the Trustees' review of the continuing appropriateness of a Fund's participation in the proposed credit facility as required by condition 14, the Trustees of the Fund, including a majority of the Independent Trustees, also will review the process in place to appropriately assess: (i) If the Fund participates as a lender, any effect its participation may have on the Fund's liquidity risk; and (ii) if the Fund participates as a borrower, whether the Fund's portfolio liquidity is sufficient to satisfy its obligations under the facility along with its other liquidity needs. 16. In connection with the credit facility, applicants request an order under section 6(c) of the Act exempting them from the provisions of sections 18(f) and 21(b) of the Act; under section 12(d)(1)(J) of the Act exempting them from section 12(d)(1) of the Act; under sections 6(c) and 17(b) of the Act exempting them from sections 17(a)(1), 17(a)(2), and 17(a)(3) of the Act; and under section 17(d) of the Act and rule 17d-1 under the Act to permit certain joint arrangements. Applicants' Legal Analysis 1. Section 17(a)(3) of the Act generally prohibits any affiliated person of a registered investment company, or affiliated person of an affiliated person, from borrowing money or other property from the registered investment company. Section 21(b) of the Act generally prohibits any registered management company from lending money or other property to any person, directly or indirectly, if that person controls or is under common control [[Page 18677]] with that company. Section 2(a)(3)(C) of the Act defines an ``affiliated person'' of another person, in part, to be any person directly or indirectly controlling, controlled by, or under common control with, such other person. Section 2(a)(9) of the Act defines ``control'' as the ``power to exercise a controlling influence over the management or policies of a company,'' but excludes circumstances in which ``such power is solely the result of an official position with such company.'' Applicants state that the Funds may be under common control by virtue of sharing a common investment adviser or by having an investment adviser that is under common control with those of the other Funds. 2. Section 6(c) of the Act provides that an exemptive order may be granted where an 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].'' Section 17(b) of the Act authorizes the Commission to exempt a proposed transaction from section 17(a) provided that the terms of the transaction, including the consideration to be paid or received, are fair and reasonable and do not involve overreaching on the part of any person concerned, and the transaction is consistent with the policy of the investment company as recited in its registration statement and with the general purposes of the Act. Applicants believe that the proposed arrangements satisfy these standards for the reasons discussed below. 3. Applicants assert that sections 17(a)(3) and 21(b) of the Act were intended to prevent a party with strong potential adverse interests to, and some influence over the investment decisions of, a registered investment company from causing or inducing the investment company to engage in lending transactions that unfairly inure to the benefit of such party and that are detrimental to the best interests of the investment company and its shareholders. Applicants assert that the proposed credit facility transactions do not raise these concerns because: (i) The relevant Adviser, through the Interfund Lending Committee, would administer the program as a disinterested fiduciary as part of its duties under the investment management contract with the applicable Fund; (ii) all Interfund Loans would consist only of uninvested cash reserves that the lending Fund otherwise would invest in short-term repurchase agreements or other short-term instruments either directly or through a money market fund; (iii) the Interfund Loans would not involve a significantly greater risk than such other investments; (iv) the lending Fund would receive interest at a rate higher than it could otherwise obtain through such other investments; and (v) the borrowing Fund would pay interest at a rate lower than otherwise available to it under its bank loan agreements and avoid some up-front commitment fees associated with committed lines of credit. Moreover, applicants assert that the other terms and conditions that applicants propose also would effectively preclude the possibility of any Fund obtaining an undue advantage over any other Fund. 4. Section 17(a)(1) of the Act generally prohibits an affiliated person of a registered investment company, or any affiliated person of such a person, from selling securities or other property to the investment company. Section 17(a)(2) of the Act generally prohibits an affiliated person of a registered investment company, or any affiliated person of such a person, from purchasing securities or other property from the investment company. Section 12(d)(1) of the Act generally prohibits a registered investment company from purchasing or otherwise acquiring any security issued by any other investment company except in accordance with the limitations set forth in that section. 5. Applicants state that the obligation of a borrowing Fund to repay an Interfund Loan could be deemed to constitute a security for the purposes of sections 17(a)(1) and 12(d)(1). Applicants also state that any pledge of assets in connection with an Interfund Loan could be construed as a purchase of the borrowing Fund's securities or other property for purposes of section 17(a)(2) of the Act. Section 12(d)(1)(J) of the Act provides that the Commission may exempt persons or transactions from any provision of section 12(d)(1) if and to the extent that such exemption is consistent with the public interest and the protection of investors. Applicants submit that the requested exemptions from sections 17(a)(1), 17(a)(2) and 12(d)(1) are appropriate in the public interest, and consistent with the protection of investors and policies and purposes of the Act for all the reasons set forth above in support of their request for relief from sections 17(a)(3) and 21(b). Applicants also state that the requested relief from section 17(a)(2) of the Act meets the standards of section 6(c) and 17(b) because any collateral pledged to secure an Interfund Loan would be subject to the same conditions imposed by any other lender to a Fund that imposes conditions on the quality of or access to collateral for a borrowing (if the lender is another Fund) or the same or better conditions (in any other circumstance). 6. Applicants state that section 12(d)(1) was intended to prevent the pyramiding of investment companies in order to avoid imposing on investors additional and duplicative costs and fees attendant upon multiple layers of investments. Applicants submit that the proposed credit facility does not involve these abuses. Applicants note that there will be no duplicative costs or fees to the Funds or their shareholders, and that the Adviser will receive no additional compensation for its services in administering the credit facility. Applicants also note that the purpose of the proposed credit facility is to provide economic benefits for all the participating Funds and their shareholders. 7. Section 18(f)(1) of the Act prohibits open-end investment companies from issuing any senior security except that a company is permitted to borrow from any bank, provided, that immediately after the borrowing, there is asset coverage of at least 300 per centum for all borrowings of the company. Under section 18(g) of the Act, the term ``senior security'' generally includes any bond, debenture, note or similar obligation or instrument constituting a security and evidencing indebtedness. Applicants request exemptive relief under section 6(c) from section 18(f)(1) only to the limited extent necessary to permit a Fund to lend to or borrow directly from other Funds. The Funds would remain subject to the requirement of section 18(f)(1) that all borrowings of a Fund, including combined interfund and bank borrowings, have at least 300% asset coverage. Based on the conditions and safeguards described in the application, applicants submit that to allow the Funds to borrow directly from other Funds pursuant to the proposed credit facility is consistent with the purposes and policies of section 18(f)(1). 8. Section 17(d) of the Act and rule 17d-1 under the Act generally prohibit an affiliated person of a registered investment company, or any affiliated person of such a person, when acting as principal, from effecting any joint transaction in which the investment company participates, unless, upon application, the transaction has been approved by the Commission. Rule 17d-1(b) under the Act provides that in passing upon an application filed under the rule, the Commission will consider whether the participation of the registered investment company in a joint enterprise on the basis proposed is consistent with the provisions, policies and purposes of the Act and the extent [[Page 18678]] to which such participation is on a basis different from or less advantageous than that of the other participants. 9. Applicants assert that the purpose of section 17(d) is to avoid overreaching by and unfair advantage to insiders. Applicants assert that the proposed credit facility is consistent with the provisions, policies and purposes of the Act in that it offers both reduced borrowing costs and enhanced returns on loaned funds to all participating Funds and their shareholders. Applicants note that each Fund would have an equal opportunity to borrow and lend on equal terms consistent with its investment policies and fundamental investment limitations. Applicants assert that each Fund's participation in the proposed credit facility would be on terms that are no different from or less advantageous than that of other participating Funds. Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: 1. The Interfund Loan Rate will be the average of the Repo Rate and the Bank Loan Rate. 2. On each business day, when an Interfund Loan is to be made, the Interfund Lending Committee will compare the Bank Loan Rate with the Repo Rate and will make cash available for Interfund Loans only if the Interfund Loan Rate is: (a) More favorable to the lending Fund than the Repo Rate and, if applicable, the yield of any money market fund in which the lending Fund could otherwise invest; and (b) more favorable to the borrowing Fund than the Bank Loan Rate. 3. If a Fund has outstanding bank borrowings, any Interfund Loans to the Fund: (a) Will be at an interest rate equal to or lower than the interest rate of any outstanding bank loan to the Fund; (b) will be secured at least on an equal priority basis with at least an equivalent percentage of collateral to loan value as any outstanding bank loan to the Fund that requires collateral; (c) will have a maturity no longer than any outstanding bank loan to the Fund (and in any event not over seven days); and (d) will provide that, if an event of default by the Fund occurs under any agreement evidencing an outstanding bank loan to the Fund, that event of default will automatically (without need for action or notice by the lending Fund) constitute an immediate event of default under the Interfund Lending Agreement entitling the lending Fund to call the Interfund Loan (and exercise all rights with respect to any collateral) and that such call will be made if the lending bank exercises its right to call its loan under its agreement with the borrowing Fund. 4. A Fund may make an unsecured borrowing through the proposed credit facility if its outstanding borrowings from all sources immediately after the interfund borrowing total 10% or less of its total assets, provided that if the Fund has a secured loan outstanding from any other lender, including but not limited to another Fund, the Fund's interfund borrowing will be secured on at least an equal priority basis with at least an equivalent percentage of collateral to loan value as any outstanding loan that requires collateral. If a Fund's total outstanding borrowings immediately after an interfund borrowing would be greater than 10% of its total assets, the Fund may borrow through the proposed credit facility only on a secured basis. A Fund may not borrow through the proposed credit facility or from any other source if its total outstanding borrowings immediately after such borrowing would be more than 33\1/3\% of its total assets. 5. Before any Fund that has outstanding interfund borrowings may, through additional borrowings, cause its outstanding borrowings from all sources to exceed 10% of its total assets, the Fund must first secure each outstanding Interfund Loan by the pledge of segregated collateral with a market value at least equal to 102% of the outstanding principal value of the loan. If the total outstanding borrowings of a Fund with outstanding Interfund Loans exceed 10% of its total assets for any other reason (such as a decline in net asset value or because of shareholder redemptions), the Fund will within one business day thereafter: (a) Repay all of its outstanding Interfund Loans; (b) reduce its outstanding indebtedness to 10% or less of its total assets; or (c) secure each outstanding Interfund Loan by the pledge of segregated collateral with a market value at least equal to 102% of the outstanding principal value of the loan until the Fund's total outstanding borrowings cease to exceed 10% of its total assets, at which time the collateral called for by this condition 5 shall no longer be required. Until each Interfund Loan that is outstanding at any time that a Fund's total outstanding borrowings exceed 10% is repaid or the Fund's total outstanding borrowings cease to exceed 10% of its total assets, the Fund will mark the value of the collateral to market each day and will pledge such additional collateral as is necessary to maintain the market value of the collateral that secures each outstanding Interfund Loan at least equal to 102% of the outstanding principal value of the Interfund Loan. 6. No Fund may lend to another Fund through the proposed credit facility if the loan would cause the lending Fund's aggregate outstanding loans through the proposed credit facility to exceed 15% of the lending Fund's current net assets at the time of the loan. 7. A Fund's Interfund Loans to any one Fund shall not exceed 5% of the lending Fund's net assets. 8. The duration of Interfund Loans will be limited to the time required to obtain cash sufficient to repay such Interfund Loan, through either the sale of portfolio securities or the net sales of the Fund's shares, but in no event more than seven days. Loans effected within seven days of each other will be treated as separate loan transactions for purposes of this condition. 9. A Fund's borrowings through the proposed credit facility, as measured on the day when the most recent loan was made, will not exceed the greater of 125% of the Fund's total net cash redemptions for the preceding seven calendar days or 102% of the Fund's sales fails for the preceding seven calendar days. 10. Each Interfund Loan may be called on one business day's notice by a lending Fund and may be repaid on any day by a borrowing Fund. 11. A Fund's participation in the proposed credit facility must be consistent with its investment objectives and limitations and organizational documents. 12. The Interfund Lending Committee will calculate total Fund borrowing and lending demand through the proposed credit facility, and allocate loans on an equitable basis among the Funds, without the intervention of any portfolio manager of the Funds (other than a Money Market portfolio manager acting in his or her capacity as a member of the Interfund Lending Committee). All allocations made by the Interfund Lending Committee will require the approval of at least one member of the Interfund Lending Committee who has the title of Vice President or higher in any business unit of the relevant Adviser and is not a Money Market portfolio manager. The Interfund Lending Committee will not solicit cash for the proposed credit facility from any Fund or prospectively publish or disseminate loan demand data to portfolio managers (except to the extent that a Money Market portfolio manager on the Interfund Lending Committee has access to loan demand data). The Interfund Lending Committee will invest any amounts remaining after satisfaction of borrowing demand in [[Page 18679]] accordance with the standing instructions of the portfolio managers or such remaining amounts will be invested directly by the portfolio managers of the Funds. 13. The Interfund Lending Committee will monitor the Interfund Loan Rate and the other terms and conditions of the Interfund Loans and will make a quarterly report to the Trustees of each Fund concerning the participation of the Funds in the proposed credit facility and the terms and other conditions of any extensions of credit under the credit facility. 14. The Trustees of each Fund, including a majority of the Independent Trustees, will: (a) Review, no less frequently than quarterly, the Fund's participation in the proposed credit facility during the preceding quarter for compliance with the conditions of any order permitting such transactions; (b) establish the Bank Loan Rate formula used to determine the interest rate on Interfund Loans and review, no less frequently than annually, the continuing appropriateness of the Bank Loan Rate formula; and (c) review, no less frequently than annually, the continuing appropriateness of the Fund's participation in the proposed credit facility. 15. If an Interfund Loan is not paid according to its terms and such default is not cured within two business days from its maturity or from the time the lending Fund makes a demand for payment under the provisions of the Interfund Lending Agreement, the Adviser will promptly refer such loan for arbitration to an independent arbitrator selected by the Trustees of each Fund involved in the loan who will serve as arbitrator of disputes concerning Interfund Loans.\2\ The arbitrator will resolve any problem promptly, and the arbitrator's decision will be binding on both Funds. The arbitrator will submit, at least annually, a written report to the Trustees setting forth a description of the nature of any dispute and the actions taken by the Funds to resolve the dispute. --------------------------------------------------------------------------- \2\ If the dispute involves Funds with different Trustees, the respective Trustees of each Fund will select an independent arbitrator that is satisfactory to each Fund. --------------------------------------------------------------------------- 16. Each Fund will maintain and preserve for a period of not less than six years from the end of the fiscal year in which any transaction by it under the proposed credit facility occurred, the first two years in an easily accessible place, written records of all such transactions setting forth a description of the terms of the transactions by the Fund, including the amount, the maturity and the Interfund Loan Rate, the rate of interest available at the time each Interfund Loan is made on overnight repurchase agreements and commercial bank borrowings, the yield of any money market fund in which the lending Fund could otherwise invest, and such other information presented to the Fund Trustees in connection with the review required by conditions 13 and 14. 17. The relevant Adviser will prepare and submit to the Trustees for review an initial report describing the operations of the proposed credit facility and the procedures to be implemented to ensure that all Funds are treated fairly. After the commencement of the proposed credit facility, the relevant Adviser will report on the operations of the proposed credit facility at each of the Trustees' quarterly meetings. Each Fund's chief compliance officer, as defined in rule 38a- 1(a)(4) under the Act, shall prepare an annual report for its Trustees each year that the Fund participates in the proposed credit facility, that evaluates the Fund's compliance with the terms and conditions of the application and the procedures established to achieve such compliance. Each Fund's chief compliance officer will also annually file a certification pursuant to Item 77Q3 of Form N-SAR as such Form may be revised, amended or superseded from time to time, for each year that the Fund participates in the proposed credit facility, that certifies that the Fund and its Adviser have established procedures reasonably designed to achieve compliance with the terms and conditions of the order. In particular, such certification will address procedures designed to achieve the following objectives: (a) That the Interfund Loan Rate will be higher than the Repo Rate and, if applicable, the yield of the money market funds, but lower than the Bank Loan Rate; (b) compliance with the collateral requirements as set forth in the application; (c) compliance with the percentage limitations on interfund borrowing and lending; (d) allocation of interfund borrowing and lending demand in an equitable manner and in accordance with procedures established by the Trustees; and (e) that the Interfund Loan Rate does not exceed the interest rate on any third party borrowings of a borrowing Fund at the time of the Interfund Loan. Additionally, each Fund's independent public accountants, in connection with their audit examination of the Fund, will review the operation of the proposed credit facility for compliance with the conditions of the application and their review will form the basis, in part, of the auditor's report on internal accounting controls in Form N-SAR. 18. No Fund will participate in the proposed credit facility upon receipt of requisite regulatory approval unless it has fully disclosed in its prospectus and/or statement of additional information all material facts about its intended participation. For the Commission, by the Division of Investment Management, under delegated authority. Brent J. Fields, Secretary. [FR Doc. 2016-07193 Filed 3-30-16; 8:45 am] BILLING CODE 8011-01-P
![18674 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices
Filing Date: The application was filed connection with the reorganization were Funds Developing World Growth and
on March 1, 2016. paid by applicant’s investment adviser. Income Fund; American Funds
Applicant’s Address: 30 Rockefeller Filing Date: The application was filed Emerging Markets Bond Fund;
Plaza, New York, New York 10112. on March 11, 2016. American Funds Fundamental
Applicant’s Address: 225 West Investors; American Funds Global
Laudus Institutional Trust [File No.
Washington Street, 21st Floor, Chicago, Balanced Fund; American Funds Global
811–08759]
Illinois 60606. High-Income Opportunities Fund; The
Summary: Applicant seeks an order American Funds Income Series;
declaring that it has ceased to be an Meyers Capital Investments Trust [File
American Funds Inflation Linked Bond
investment company. Each series of No. 811–22180]
Fund; American Funds Insurance
applicant has transferred its assets to a Summary: Applicant seeks an order Series; American Funds Money Market
corresponding series of Laudus Trust declaring that it has ceased to be an Fund; American Funds Mortgage Fund;
and, on February 6, 2015, made a final investment company. On February 29, American Funds Portfolio Series;
distribution to its shareholders based on 2016, applicant made a liquidating American Funds Retirement Income
net asset value. Expenses of distribution to its shareholders, based Portfolio Series; American Funds Short-
approximately $89,296 incurred in on net asset value. Expenses of $2,750 Term Tax-Exempt Bond Fund;
connection with the reorganization were incurred in connection with the American Funds Strategic Bond Fund;
paid by applicant and the acquiring liquidation were paid by applicant’s American Funds Target Date Retirement
fund. investment adviser. Series; American Funds Tax-Exempt
Filing Date: The application was filed Filing Date: The application was filed Fund of New York; The American
on March 1, 2016. on March 18, 2016. Funds Tax-Exempt Series I; The
Applicant’s Address: 211 Main Street, Applicant’s Address: 2695 Sandover American Funds Tax-Exempt Series II;
San Francisco, California 94105. Road, Columbus, Ohio 43220. American High-Income Municipal Bond
Meeder Premier Portfolios [File No. For the Commission, by the Division of Fund; American High-Income Trust;
811–21424] Investment Management, pursuant to American Mutual Fund; The Bond Fund
delegated authority. of America; Capital Group Emerging
Summary: Applicant seeks an order Robert W. Errett, Markets Total Opportunities Fund;
declaring that it has ceased to be an Capital Group Private Client Services
Deputy Secretary.
investment company. On October 31, Funds; Capital Income Builder; Capital
[FR Doc. 2016–07209 Filed 3–30–16; 8:45 am]
2006, applicant made a liquidating World Bond Fund; Capital World
BILLING CODE 8011–01–P
distribution to its shareholders, based Growth and Income Fund; EuroPacific
on net asset value. Expenses of $84,989 Growth Fund; The Growth Fund of
incurred in connection with the America; The Income Fund of America;
SECURITIES AND EXCHANGE
liquidation were paid by applicant. Intermediate Bond Fund of America;
Filing Dates: The application was COMMISSION
International Growth and Income Fund;
filed on February 1, 2016, and amended [Investment Company Act Release No.
The Investment Company of America;
on March 1, 2016 and March 9, 2016. 32049; File No. 812–14384]
Limited Term Tax-Exempt Bond Fund
Applicant’s Address: 6125 Memorial of America; The New Economy Fund;
Drive, Dublin, Ohio 43017. AMCAP Fund, et al.; Notice of
Application New Perspective Fund; New World
Tea Leaf Management Investment Trust Fund, Inc.; Short-Term Bond Fund of
[File No. 811–22737] March 24, 2016. America; SMALLCAP World Fund, Inc.;
AGENCY: Securities and Exchange The Tax-Exempt Bond Fund of America;
Summary: Applicant seeks an order
Commission (‘‘Commission’’). Washington Mutual Investors Fund
declaring that it has ceased to be an
investment company. On January 29, ACTION: Notice of an application for an (each, a ‘‘Fund’’ and together, the
2016, applicant made a liquidating order pursuant to section 6(c) of the ‘‘Funds’’); Capital Research and
distribution to its shareholders, based Investment Company Act of 1940 Management Company (‘‘CRMC’’); and
on net asset value. Expenses of $5,850 (‘‘Act’’) granting an exemption from Capital Guardian Trust Company
incurred in connection with the sections 18(f) and 21(b) of the Act; (‘‘CGTC’’).
liquidation were paid by applicant’s pursuant to section 12(d)(1)(J) of the Act FILING DATES: The application was filed
investment adviser. granting an exemption from section on October 30, 2014, and amended on
Filing Dates: The application was 12(d)(1) of the Act; pursuant to sections March 3, 2015, August 17, 2015,
filed on March 7, 2016 and amended on 6(c) and 17(b) of the Act granting an February 4, 2016, and March 22, 2016.
March 15, 2016. exemption from sections 17(a)(1), HEARING OR NOTIFICATION OF HEARING:
Applicant’s Address: 370 Lexington 17(a)(2) and 17(a)(3) of the Act; and An order granting the application will
Avenue, Suite 201, New York, New pursuant to section 17(d) of the Act and be issued unless the Commission orders
York 10017. rule 17d–1 under the Act to permit a hearing. Interested persons may
certain joint arrangements. request a hearing by writing to the
Cottonwood Mutual Funds [File No. Commission’s Secretary and serving
811–22602] SUMMARY OF THE APPLICATION: applicants with a copy of the request,
Summary: Applicant seeks an order Applicants request an order that would personally or by mail. Hearing requests
permit certain registered open-end
mstockstill on DSK4VPTVN1PROD with NOTICES
declaring that it has ceased to be an should be received by the Commission
investment company. Applicant management investment companies to by 5:30 p.m. on April 18, 2016, and
transferred its assets to a corresponding participate in a joint lending and should be accompanied by proof of
series of World Funds Trust and, on borrowing facility. service on applicants, in the form of an
February 8, 2016, made a final APPLICANTS: AMCAP Fund; American affidavit or, for lawyers, a certificate of
distribution to its shareholders based on Balanced Fund; American Funds service. Pursuant to rule 0–5 under the
net asset value. Expenses of College Target Date Series; American Act, hearing requests should state the
approximately $10,000 incurred in Funds Corporate Bond Fund; American nature of the writer’s interest, any facts
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![Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18677
with that company. Section 2(a)(3)(C) of Interfund Loans would not involve a a borrowing (if the lender is another
the Act defines an ‘‘affiliated person’’ of significantly greater risk than such other Fund) or the same or better conditions
another person, in part, to be any person investments; (iv) the lending Fund (in any other circumstance).
directly or indirectly controlling, would receive interest at a rate higher 6. Applicants state that section
controlled by, or under common control than it could otherwise obtain through 12(d)(1) was intended to prevent the
with, such other person. Section 2(a)(9) such other investments; and (v) the pyramiding of investment companies in
of the Act defines ‘‘control’’ as the borrowing Fund would pay interest at a order to avoid imposing on investors
‘‘power to exercise a controlling rate lower than otherwise available to it additional and duplicative costs and
influence over the management or under its bank loan agreements and fees attendant upon multiple layers of
policies of a company,’’ but excludes avoid some up-front commitment fees investments. Applicants submit that the
circumstances in which ‘‘such power is associated with committed lines of proposed credit facility does not involve
solely the result of an official position credit. Moreover, applicants assert that these abuses. Applicants note that there
with such company.’’ Applicants state the other terms and conditions that will be no duplicative costs or fees to
that the Funds may be under common applicants propose also would the Funds or their shareholders, and
control by virtue of sharing a common effectively preclude the possibility of that the Adviser will receive no
investment adviser or by having an any Fund obtaining an undue advantage additional compensation for its services
investment adviser that is under over any other Fund. in administering the credit facility.
common control with those of the other 4. Section 17(a)(1) of the Act generally Applicants also note that the purpose of
Funds. prohibits an affiliated person of a the proposed credit facility is to provide
2. Section 6(c) of the Act provides that registered investment company, or any economic benefits for all the
an exemptive order may be granted affiliated person of such a person, from participating Funds and their
where an exemption is ‘‘necessary or selling securities or other property to shareholders.
appropriate in the public interest and the investment company. Section 7. Section 18(f)(1) of the Act prohibits
consistent with the protection of 17(a)(2) of the Act generally prohibits an open-end investment companies from
investors and the purposes fairly affiliated person of a registered issuing any senior security except that
intended by the policy and provisions of investment company, or any affiliated a company is permitted to borrow from
[the Act].’’ Section 17(b) of the Act person of such a person, from any bank, provided, that immediately
authorizes the Commission to exempt a purchasing securities or other property after the borrowing, there is asset
proposed transaction from section 17(a) from the investment company. Section coverage of at least 300 per centum for
provided that the terms of the 12(d)(1) of the Act generally prohibits a all borrowings of the company. Under
transaction, including the consideration registered investment company from section 18(g) of the Act, the term ‘‘senior
to be paid or received, are fair and purchasing or otherwise acquiring any security’’ generally includes any bond,
reasonable and do not involve security issued by any other investment debenture, note or similar obligation or
overreaching on the part of any person company except in accordance with the instrument constituting a security and
concerned, and the transaction is limitations set forth in that section. evidencing indebtedness. Applicants
consistent with the policy of the 5. Applicants state that the obligation request exemptive relief under section
investment company as recited in its of a borrowing Fund to repay an 6(c) from section 18(f)(1) only to the
registration statement and with the Interfund Loan could be deemed to limited extent necessary to permit a
general purposes of the Act. Applicants constitute a security for the purposes of Fund to lend to or borrow directly from
believe that the proposed arrangements sections 17(a)(1) and 12(d)(1). other Funds. The Funds would remain
satisfy these standards for the reasons Applicants also state that any pledge of subject to the requirement of section
discussed below. assets in connection with an Interfund 18(f)(1) that all borrowings of a Fund,
3. Applicants assert that sections Loan could be construed as a purchase including combined interfund and bank
17(a)(3) and 21(b) of the Act were of the borrowing Fund’s securities or borrowings, have at least 300% asset
intended to prevent a party with strong other property for purposes of section coverage. Based on the conditions and
potential adverse interests to, and some 17(a)(2) of the Act. Section 12(d)(1)(J) of safeguards described in the application,
influence over the investment decisions the Act provides that the Commission applicants submit that to allow the
of, a registered investment company may exempt persons or transactions Funds to borrow directly from other
from causing or inducing the investment from any provision of section 12(d)(1) if Funds pursuant to the proposed credit
company to engage in lending and to the extent that such exemption facility is consistent with the purposes
transactions that unfairly inure to the is consistent with the public interest and policies of section 18(f)(1).
benefit of such party and that are and the protection of investors. 8. Section 17(d) of the Act and rule
detrimental to the best interests of the Applicants submit that the requested 17d–1 under the Act generally prohibit
investment company and its exemptions from sections 17(a)(1), an affiliated person of a registered
shareholders. Applicants assert that the 17(a)(2) and 12(d)(1) are appropriate in investment company, or any affiliated
proposed credit facility transactions do the public interest, and consistent with person of such a person, when acting as
not raise these concerns because: (i) The the protection of investors and policies principal, from effecting any joint
relevant Adviser, through the Interfund and purposes of the Act for all the transaction in which the investment
Lending Committee, would administer reasons set forth above in support of company participates, unless, upon
the program as a disinterested fiduciary their request for relief from sections application, the transaction has been
as part of its duties under the 17(a)(3) and 21(b). Applicants also state approved by the Commission. Rule 17d–
mstockstill on DSK4VPTVN1PROD with NOTICES
investment management contract with that the requested relief from section 1(b) under the Act provides that in
the applicable Fund; (ii) all Interfund 17(a)(2) of the Act meets the standards passing upon an application filed under
Loans would consist only of uninvested of section 6(c) and 17(b) because any the rule, the Commission will consider
cash reserves that the lending Fund collateral pledged to secure an Interfund whether the participation of the
otherwise would invest in short-term Loan would be subject to the same registered investment company in a
repurchase agreements or other short- conditions imposed by any other lender joint enterprise on the basis proposed is
term instruments either directly or to a Fund that imposes conditions on consistent with the provisions, policies
through a money market fund; (iii) the the quality of or access to collateral for and purposes of the Act and the extent
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![Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18679
accordance with the standing of the terms of the transactions by the Additionally, each Fund’s
instructions of the portfolio managers or Fund, including the amount, the independent public accountants, in
such remaining amounts will be maturity and the Interfund Loan Rate, connection with their audit examination
invested directly by the portfolio the rate of interest available at the time of the Fund, will review the operation
managers of the Funds. each Interfund Loan is made on of the proposed credit facility for
13. The Interfund Lending Committee overnight repurchase agreements and compliance with the conditions of the
will monitor the Interfund Loan Rate commercial bank borrowings, the yield application and their review will form
and the other terms and conditions of of any money market fund in which the the basis, in part, of the auditor’s report
the Interfund Loans and will make a lending Fund could otherwise invest, on internal accounting controls in Form
quarterly report to the Trustees of each and such other information presented to N–SAR.
Fund concerning the participation of the the Fund Trustees in connection with 18. No Fund will participate in the
Funds in the proposed credit facility the review required by conditions 13 proposed credit facility upon receipt of
and the terms and other conditions of and 14. requisite regulatory approval unless it
any extensions of credit under the credit 17. The relevant Adviser will prepare has fully disclosed in its prospectus
facility. and submit to the Trustees for review an and/or statement of additional
14. The Trustees of each Fund, initial report describing the operations information all material facts about its
including a majority of the Independent of the proposed credit facility and the intended participation.
Trustees, will: procedures to be implemented to ensure For the Commission, by the Division of
(a) Review, no less frequently than that all Funds are treated fairly. After Investment Management, under delegated
quarterly, the Fund’s participation in the commencement of the proposed authority.
the proposed credit facility during the credit facility, the relevant Adviser will Brent J. Fields,
preceding quarter for compliance with report on the operations of the proposed Secretary.
the conditions of any order permitting credit facility at each of the Trustees’ [FR Doc. 2016–07193 Filed 3–30–16; 8:45 am]
such transactions; quarterly meetings.
BILLING CODE 8011–01–P
(b) establish the Bank Loan Rate Each Fund’s chief compliance officer,
formula used to determine the interest as defined in rule 38a–1(a)(4) under the
rate on Interfund Loans and review, no Act, shall prepare an annual report for
less frequently than annually, the its Trustees each year that the Fund SMALL BUSINESS ADMINISTRATION
continuing appropriateness of the Bank participates in the proposed credit
Loan Rate formula; and facility, that evaluates the Fund’s Interest Rates
(c) review, no less frequently than compliance with the terms and The Small Business Administration
annually, the continuing conditions of the application and the publishes an interest rate called the
appropriateness of the Fund’s procedures established to achieve such optional ‘‘peg’’ rate (13 CFR 120.214) on
participation in the proposed credit compliance. Each Fund’s chief a quarterly basis. This rate is a weighted
facility. compliance officer will also annually average cost of money to the
15. If an Interfund Loan is not paid file a certification pursuant to Item government for maturities similar to the
according to its terms and such default 77Q3 of Form N–SAR as such Form may average SBA direct loan. This rate may
is not cured within two business days be revised, amended or superseded from be used as a base rate for guaranteed
from its maturity or from the time the time to time, for each year that the Fund fluctuating interest rate SBA loans. This
lending Fund makes a demand for participates in the proposed credit rate will be 2.25 percent for the April–
payment under the provisions of the facility, that certifies that the Fund and June quarter of FY 2016.
Interfund Lending Agreement, the its Adviser have established procedures Pursuant to 13 CFR 120.921(b), the
Adviser will promptly refer such loan reasonably designed to achieve maximum legal interest rate for any
for arbitration to an independent compliance with the terms and third party lender’s commercial loan
arbitrator selected by the Trustees of conditions of the order. In particular, which funds any portion of the cost of
each Fund involved in the loan who such certification will address a 504 project (see 13 CFR 120.801) shall
will serve as arbitrator of disputes procedures designed to achieve the be 6% over the New York Prime rate or,
concerning Interfund Loans.2 The following objectives: if that exceeds the maximum interest
arbitrator will resolve any problem (a) That the Interfund Loan Rate will rate permitted by the constitution or
promptly, and the arbitrator’s decision be higher than the Repo Rate and, if laws of a given State, the maximum
will be binding on both Funds. The applicable, the yield of the money interest rate will be the rate permitted
arbitrator will submit, at least annually, market funds, but lower than the Bank by the constitution or laws of the given
a written report to the Trustees setting Loan Rate; State.
forth a description of the nature of any (b) compliance with the collateral
dispute and the actions taken by the requirements as set forth in the Dianna L. Seaborn,
Funds to resolve the dispute. application; Acting Director, Office of Financial
16. Each Fund will maintain and (c) compliance with the percentage Assistance.
preserve for a period of not less than six limitations on interfund borrowing and [FR Doc. 2016–07313 Filed 3–30–16; 8:45 am]
years from the end of the fiscal year in lending; BILLING CODE P
which any transaction by it under the (d) allocation of interfund borrowing
proposed credit facility occurred, the
mstockstill on DSK4VPTVN1PROD with NOTICES
and lending demand in an equitable
first two years in an easily accessible manner and in accordance with SMALL BUSINESS ADMINISTRATION
place, written records of all such procedures established by the Trustees;
transactions setting forth a description Annual Meeting of the Regional Small
and Business Regulatory Fairness Boards
2 If the dispute involves Funds with different
(e) that the Interfund Loan Rate does Office of the National Ombudsman
Trustees, the respective Trustees of each Fund will
not exceed the interest rate on any third
select an independent arbitrator that is satisfactory party borrowings of a borrowing Fund at AGENCY:U.S. Small Business
to each Fund. the time of the Interfund Loan. Administration (SBA).
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Document Created: 2016-03-31 00:55:42
Document Modified: 2016-03-31 00:55:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of an application for an order pursuant to section 6(c) of the Investment Company Act of 1940 (``Act'') granting an exemption from sections 18(f) and 21(b) of the Act; pursuant to section 12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of the Act; pursuant to sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and pursuant to section 17(d) of the Act and rule 17d-1 under the Act to permit certain joint arrangements. | |
| Dates | The application was filed on October 30, 2014, and amended on March 3, 2015, August 17, 2015, February 4, 2016, and March 22, 2016. | |
| Contact | Laura J. Riegel, Senior Counsel, at (202) 551-6873 or Mary Kay Frech, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office). | |
| FR Citation | 81 FR 18674 |
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