2020-23178. Notice of Intention To Cancel Registration Pursuant to Section 203(h) of the Investment Advisers Act of 1940  

  • Start Preamble October 15, 2020.

    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 EF Hutton Investments LLC [File No. 801-108464], 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 has not filed a Form ADV amendment with the Commission as required by rule 204-1 under the Act and appears to not be engaged in business as an investment adviser.[1] Accordingly, the Commission believes that reasonable grounds exist for a finding that the registrant is no longer 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.

    Notice is also given that any interested person may, by November 9, 2020, 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 emailed to the Commission's Secretary at Secretarys-Office@sec.gov.

    At any time after November 9, 2020, 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).

    ADDRESSES:

    The Commission: Secretarys-Office@sec.gov.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Alexis Palascak, Senior Counsel at 202-551-6999; SEC, Division of Investment Management, Investment Adviser Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

    Start Signature

    For the Commission, by the Division of Investment Management, pursuant to delegated authority.[2]

    J. Matthew DeLesDernier,

    Assistant Secretary.

    End Signature End Further Info End Preamble

    Footnotes

    1.  Rule 204-1 under the Act requires any adviser that is required to complete Form ADV to amend the form at least annually and to submit the amendments electronically through the Investment Adviser Registration Depository.

    Back to Citation

    [FR Doc. 2020-23178 Filed 10-19-20; 8:45 am]

    BILLING CODE 8011-01-P

Document Information

Published:
10/20/2020
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
2020-23178
Pages:
66590-66590 (1 pages)
Docket Numbers:
Release No. IA-5612
PDF File:
2020-23178.Pdf