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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2008-212
October 31, 2008

INVESTMENT COMPANY ACT RELEASES

First Trust Advisors L.P., et al.

An order has been issued on an application filed by First Trust Advisors L.P., et al. The order permits: (a) series of certain open end management investment companies to issue shares redeemable in large aggregations only; (b) secondary market transactions in shares of the series to occur at negotiated market prices; (c) certain series to pay redemption proceeds, under certain circumstances, more than seven days after the tender of shares for redemption; and (d) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of large aggregations of shares. (Rel. IC-28468 - October 27)


WisdomTree Asset Management, Inc. and WisdomTree Trust

An order has been issued on an application filed by WisdomTree Asset Management, Inc. and WisdomTree Trust. The order permits: (a) series of certain open-end management investment companies that utilize active management strategies to issue shares (Shares) redeemable in large aggregations only (Creation Units); (b) secondary market transactions in Shares to occur at negotiated market prices; (c) certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and (d) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares. (Rel. IC-28471 - October 27)


HLHZ Investments II, L.L.C. and Houlihan, Lokey, Howard & Zukin, Inc.

An order has been issued on an application filed by HLHZ Investments II, L.L.C. and Houlihan, Lokey, Howard & Zukin, Inc. (HLHZ). The order exempts certain limited liability companies and other investment vehicles established primarily for the benefit of eligible employees of HLHZ and its affiliates from certain provisions of the Investment Company Act of 1940 (Act). Each limited liability company or other investment vehicle will be an "employees' securities company" within the meaning of Section 2(a)(13) of the Act. (Rel. IC-28473 - October 28)


MCG Capital Corporation, et al.

An order has been issued on an application filed by MCG Capital Corporation (MCG), et al. under Section 6(c) of the Investment Company Act for an exemption from Sections 18(a), 55(a), and 61(a) of the Act. The order (1) permits MCG to look to the assets of its wholly-owned subsidiaries, rather than MCG's interest in the subsidiaries themselves, in determining whether MCG meets certain requirements under the Act, and (2) permits MCG to adhere to a modified asset coverage requirement. (Rel. IC-28474 - October 28)


Aberdeen Asset Management Inc. and Aberdeen Funds

An order has been issued on an application filed by Aberdeen Asset Management Inc. and Aberdeen Funds under Section 12(d)(1)(J) of the Investment Company Act for an exemption from Sections 12(d)(1)(A) and (B) of the Act, and under Sections 6(c) and 17(b) of the Act for an exemption from Section 17(a) of the Act. The order permits certain series of registered open-end management investment companies to acquire shares of other registered open-end management investment companies and unit investment trusts that are within or outside the same group of investment companies. (Rel. IC-28475 - October 28)


Allianz Life Insurance Company of North America, et al.

A notice has been issued giving interested persons until November 24, 2008 to request a hearing on an application filed by Allianz Life Insurance Company of North America ("Allianz Life") and Allianz Life Insurance Company of New York ("Allianz NY") (together the "Insurance Company Applicants"), their respective separate accounts Allianz Life Variable Account A ("Allianz Account A"), Allianz Life Variable Account B ("Allianz Account B"), and Allianz Life of NY Variable Account C ("Allianz Account C") (collectively with the Insurance Company Applicants, the "Applicants"), and Allianz Variable Insurance Products Trust (the "VIP Trust" and collectively with the Applicants, the "Section 17 Applicants"). The Applicants seek an order pursuant to Section 26(c) of the Investment Company Act of l940, as amended (the "1940 Act"), approving the substitution of certain securities (the "Substitution") issued by the Franklin Templeton Variable Insurance Products Trust and held by Allianz Account A, Allianz Account B, or Allianz Account C to support certain variable annuity contracts and variable life insurance contracts issued by Allianz Life and Allianz NY. The Section 17 Applicants seek an order pursuant to Section 17(b) of the 1940 Act exempting them to the extent necessary to permit them to engage in certain in-kind transactions in connection with the Substitution. (Rel. IC-28480 - October 30)


SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by the International Securities Exchange (SR-ISE-2008-079) relating to fee changes has become immediately effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58868)

A proposed rule change filed by BATS Exchange relating to limitation of liability (SR-BATS-2008-008) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934 Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58872)

A proposed rule change filed by NYSE Arca amending its Schedule of Fees and Charges for Exchange Services (SR-NYSEArca-2008-117) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58875)

A proposed rule change filed by the New York Stock Exchange (SR-NYSE-2008-108) for a Six-Month Pilot Program to establish a new class of NYSE Market Participants that will be referred to as "Supplemental Liquidity Providers" ("SLPs") and will be designated as exchange rule 107B has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58877)

A proposed rule change filed by NYSE Arca to list and trade three series of SPDR Index Shares Funds (SR-NYSEArca-2008-113) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58879)


Accelerated Approval of Proposed Rule Change

The Commission issued notice and granted accelerated approval of a proposed rule change submitted by NYSE Arca (SR-NYSEArca-2008-110), through its wholly owned subsidiary, NYSE Arca Equities, Inc., pursuant to Section 19(b) of the Securities Exchange Act of 1934 relating to listing shares of the MacroShares $100 Oil Up Trust and the MacroShares $100 Oil Down Trust. Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58873)


Proposed Rule Change

NYSE Arca through its wholly owned subsidiary, NYSE Arca Equities, Inc., filed with the Securities and Exchange Commission a proposed rule change (SR-NYSEArca-2008-114) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder to revise the listing and annual fees applicable to Paired Trust Shares. Publication is expected in the Federal Register during the week of Nov. 3, 2008. (Rel. 34-58878)


SECURITIES ACT REGISTRATIONS


RECENT 8K FILINGS

 

http://www.sec.gov/news/digest/2008/dig103108.htm


Modified: 10/31/2008