81 FR 87606 - In the Matter of Ajenifuja Investments, LLC, 5226 Klingle Street NW., Washington, DC 20016; Investment Advisers Act of 1940; Notice of Intention to Cancel Registration Pursuant to Section 203(H) of the Investment Advisers Act of 1940

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range		87606-87607
FR Document		2016-29047

Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87606-87607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29047]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-4576; November 29, 2016; FILE NO.: 801-99358]


In the Matter of Ajenifuja Investments, LLC, 5226 Klingle Street 
NW., Washington, DC 20016; Investment Advisers Act of 1940; Notice of 
Intention to Cancel Registration Pursuant to Section 203(H) of the 
Investment Advisers Act of 1940

    Notice is given that the Securities and Exchange Commission (the 
``Commission'') intends to issue an order, pursuant to Section 203(h) 
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the 
registration of Ajenifuja Investments, LLC, hereinafter referred to as 
the registrant.
    Section 203(h) provides, in pertinent part, that if the Commission 
finds that any person registered under Section 203, or who has pending 
an application for registration filed under that section, is no longer 
in existence, is not engaged in business as an investment adviser, or 
is prohibited from registering as an investment adviser under section 
203A, the Commission shall by order, cancel the registration of such 
person.
    The registrant indicated on its initial and its most recent Form 
ADV filings that it is relying on rule 203A-2(e) to register with the 
Commission, which provides an exemption from the prohibition on 
registration for an adviser that provides investment advice to all of 
its clients exclusively through the adviser's interactive Web site, 
except that the adviser may advise fewer than 15 clients through other 
means during the preceding 12 months.\1\ The Commission believes, based 
on the facts it has, that the registrant did not at the time of the 
Form ADV filings and thereafter, advise clients through an interactive 
Web site as defined under the rule \2\, and that it is therefore 
prohibited from registering as an investment adviser under section 203A 
of the Act. Accordingly, the Commission believes that reasonable 
grounds exist for a finding that this registrant is not eligible to be 
registered with the Commission as an investment adviser and that the 
registration should be cancelled pursuant to section 203(h) of the Act.
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    \1\ Section 203A of the Act generally prohibits an investment 
adviser from registering with the Commission unless it meets certain 
requirements. Rule 203A-2 provides exemptions from the prohibition 
on Commission registration in section 203A of the Act. Rule 203A-
2(e) exempts from the prohibition on Commission registration certain 
investment advisers that provide advisory services through the 
Internet, as described above. See Exemption for Certain Investment 
Advisers Operating Through the Internet, Investment Advisers Act 
Release No. 2091 (December 12, 2002), available at https://www.sec.gov/rules/final/ia-2091.htm (``Internet Adviser Exemption 
Adopting Release''). Effective September 19, 2011, rule 203A-2(f) 
was renumbered as rule 203A-2(e). See Rules Implementing Amendments 
to the Investment Advisers Act of 1940, Investment Advisers Act 
Release No. 3221 (June 22, 2011), available at http://www.sec.gov/rules/final/2011/ia-3221.pdf.
    \2\ Rule 203A-2(e) defines ``interactive Web site'' as a Web 
site in which computer software-based models or applications provide 
investment advice to clients based on personal information provided 
by each client through the Web site. An adviser relying on the 
exemption may not use its advisory personnel to elaborate or expand 
upon the investment advice provided by its interactive Web site, or 
otherwise provide investment advice to its Internet clients, except 
as permitted by the rule's de minimis exception. Such exception 
permits an adviser relying on the rule to advise clients through 
means other than its interactive Web site, so long as the adviser 
had fewer than 15 of these non-Internet clients during the preceding 
12 months. See Internet Adviser Exemption Adopting Release, id.
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    Any interested person may, by December 27, 2016, at 5:30 p.m., 
submit to the Commission in writing a request for a hearing on the 
cancellation, accompanied by a statement as to the nature of his or her 
interest, the reason for such request, and the issues, if any, of fact 
or law proposed to be controverted, and he or she may request that he 
or she be notified if the Commission should order a hearing thereon. 
Any such communication should be addressed: Secretary, Securities and 
Exchange Commission, 100 F Street NE., Washington, DC 20549.
    At any time after December 27, 2016, the Commission may issue an 
order cancelling the registration, upon the basis of the information 
stated above, unless an order for a hearing on the cancellation shall 
be issued upon request or upon the Commission's own motion. Persons who 
requested a hearing, or who requested to be advised as to whether a 
hearing is ordered, will receive any notices and orders issued in this 
matter, including the date of the hearing (if ordered) and any 
postponements thereof. Any adviser whose registration is cancelled 
under delegated authority may appeal that decision directly to the 
Commission in accordance with rules 430 and 431 of the Commission's 
rules of practice (17 CFR 201.430 and 431).
    For further information contact: Emily Rowland, Attorney-Adviser at 
202-551-6787 (Office of Investment Adviser Regulation).


[[Page 87607]]


    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.\3\
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    \3\ 17 CFR 200.30-5(e)(2).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-29047 Filed 12-2-16; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices 87607

For the Commission, by the Division of of the most significant aspects of such all connections or means of
Investment Management, pursuant to statements. communications with the Trading Floor
delegated authority.3 and may require the discontinuance of
Robert W. Errett, A. Self-Regulatory Organization’s
any such connection or means of
Statement of the Purpose of, and
Deputy Secretary. communication when, in the opinion of
Statutory Basis for, the Proposed Rule the President or his or her designee, it
[FR Doc. 2016–29047 Filed 12–2–16; 8:45 am]
Change is contrary to the welfare or interest of
BILLING CODE 8011–01–P
1. Purpose the Exchange; (5) the location of
equipment and the assignment and use
The Exchange is proposing to adopt
SECURITIES AND EXCHANGE of space on the Trading Floor; and (6)
rules to allow for open-outcry trading on
COMMISSION relations with other options exchanges.
a physical trading floor (‘‘Trading Next, the Exchange is proposing to
Floor’’). The Exchange notes that this is add a definition for the ‘‘BOX Order
[Release No. 34–79421; File No. SR–BOX– not a novel proposal and that other
2016–48] Gateway.’’ The BOX Order Gateway
exchanges currently offer open-outcry (‘‘BOG’’) is a component of the
Self-Regulatory Organizations; BOX trading in addition to electronic Exchange that is designed to enable
Options Exchange LLC; Notice of trading.3 The Exchange is proposing a Floor Brokers to enter transactions on
Filing of Proposed Rule Change To hybrid model similar to these other the Trading Floor.6 The BOG is
Adopt Rules for an Open-Outcry exchanges. designed to establish an electronic audit
Trading Floor General trail for options orders represented and
executed on the Trading Floor. The
November 29, 2016. The Exchange is proposing various audit trail will provide an accurate,
Pursuant to Section 19(b)(1) of the changes to the definition section of the time-sequenced record of electronic and
Securities Exchange Act of 1934 Rulebook to accommodate the proposed other orders, quotations and
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 Trading Floor. First, the Exchange is transactions on the Trading Floor,
notice is hereby given that, on proposing to define ‘‘Floor Participant’’ beginning with the receipt of an order
November 16, 2016, BOX Options as Floor Brokers as defined in Rule 7540 by the Exchange, and further
Exchange LLC (the ‘‘Exchange’’ or and Floor Market Makers as defined in documenting the life of the order. The
‘‘BOX’’) filed with the Securities and Rule 8510(b).4 The Exchange is various features of the BOG will be
Exchange Commission (‘‘Commission’’) proposing to define ‘‘Trading Floor’’ or described in greater detail below.
the proposed rule change as described ‘‘Options Floor’’ as the physical trading Additionally, the Exchange is proposing
in Items I and II below, which Items floor of the Exchange located in to clarify that all transactions executed
have been prepared by the self- Chicago. The Trading Floor shall consist on the Exchange shall be done either (1)
regulatory organization. The of at least one ‘‘Crowd Area’’ or ‘‘Pit’’. automatically by the Exchange’s trading
Commission is publishing this notice to A Crowd Area or Pit shall be marked system pursuant to Rule 7130, or (2) by
solicit comments on the proposed rule with specific visible boundaries on the and among Floor Participants in the
change from interested persons. Trading Floor, as determined by the Exchange’s options trading crowd;
Exchange. All series for a particular provided that the order is processed
I. Self-Regulatory Organization’s option class will be allocated to the
Statement of the Terms of Substance of through the BOG.7 The Exchange is also
same Crowd Area. A Floor Broker must proposing to clarify that bids and offers
the Proposed Rule Change open outcry an order in the on the Trading Floor, to be effective,
The Exchange proposes to adopt rules corresponding Crowd Area. must be made by public outcry on the
for an open-outcry trading floor. The The Exchange is proposing to add the Trading Floor and that all bids and
text of the proposed rule change is definition of ‘‘Presiding Exchange offers shall be general ones and shall not
available from the principal office of the Officials.’’ 5 Specifically, the President be specified for acceptance by particular
Exchange, at the Commission’s Public of the Exchange and his or her Floor Participants.8
Reference Room and also on the designated staff shall be responsible for The Exchange is also proposing to
Exchange’s Internet Web site at http:// monitoring: (1) Dealings of Floor provide details on how the public
boxexchange.com. Participants and their associated outcry on the Trading Floor will work.
persons on the Trading Floor, and of the Specifically, the Exchange is proposing
II. Self-Regulatory Organization’s premises of the Exchange immediately that bids and offers must be made in an
Statement of the Purpose of, and adjacent thereto; (2) the activities of
Statutory Basis for, the Proposed Rule Floor Participants and their associated 6 See proposed Rule 100(b)(2). Proposed Rule
Change persons, and shall establish standards 100(b)(2) is based on PHLX Rule 1080.06.
7 See proposed Rule 100(b)(3). Proposed Rule
In its filing with the Commission, the and procedures for the training and 100(b)(3) is based on PHLX Rule 1000(f). The
self-regulatory organization included qualification of Floor Participants and Exchange notes that PHLX includes additional
statements concerning the purpose of, their associated persons active on the methods for executions on PHLX’s Trading Floor
and statutory basis for, the proposed Trading Floor; (3) all Trading Floor that BOX is not including in proposed Rule
100(b)(3). The Exchange does not believe that these
rule change and discussed any employees of Floor Brokers and Floor methods are necessary as the Exchange believes that
comments it received on the proposed Market Makers, and shall make and all executions on the Trading Floor shall be
rule change. The text of these statements enforce such rules with respect to such processed through the BOG to ensure an accurate
and complete audit trail.
sradovich on DSK3GMQ082PROD with NOTICES

may be examined at the places specified employees as it may deem necessary; (4) 8 See proposed Rule 100(b)(4). Proposed Rule
in Item IV below. The self-regulatory 100(b)(4) is based on PHLX Rule 1000(g). The
organization has prepared summaries, 3 NYSE Arca, Inc. (‘‘NYSE Arca’’), NASDAQ
Exchange notes that PHLX includes information
set forth in Sections A, B, and C below, PHLX LLC (‘‘PHLX’’), Chicago Board Options about bidding and offering electronically as well as
Exchange, Incorporated (‘‘CBOE’’), and NYSE MKT in public outcry; however, the Exchange is only
LLC (‘‘NYSE MKT’’). proposing to include information about public
3 17 CFR 200.30–5(e)(2). 4 See proposed Rule 100(a)(26).
outcry. BOX already has rules in place that govern
1 15 U.S.C. 78s(b)(1). 5 See proposed Rule 100(b)(1). Proposed Rule electronic bidding and offering and therefore there
2 17 CFR 240.19b–4. 100(b)(1) is based on PHLX Rule 1000(e). is no need to mention it in proposed Rule 100(b)(4).

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Document Created: 2016-12-03 00:26:02
Document Modified: 2016-12-03 00:26:02

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
Contact		Emily Rowland, Attorney-Adviser at 202-551-6787 (Office of Investment Adviser Regulation).
FR Citation		81 FR 87606