[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32097]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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SECURITIES AND EXCHANGE COMMISSION
[Rel. No. IC-20793; 811-6701]
Capitol Growth Portfolio; Notice of Application
December 22, 1994.
AGENCY: Securities and Exchange Commission (``SEC'').
ACTION: Notice of Application for Deregistration under the Investment
Company Act of 1940 (the ``Act'').
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APPLICANT: Capitol Growth Portfolio.
RELEVANT ACT SECTION: Section 8(f).
SUMMARY OF APPLICATION: Applicant requests an order declaring that it
has ceased to be an investment company.
FILING DATE: The application was filed on December 5, 1994.
HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing by writing to the SEC's Secretary and serving
applicant with a copy of the request, personally or by mail. Hearing
requests should be received by the SEC by 5:30 p.m. on January 16, 1995
and should be accompanied by proof of service on applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons may request
notification of a hearing by writing to the SEC's Secretary.
ADDRESSES: Secretary, SEC, 450 5th Street, N.W., Washington, D.C.
20549. Applicant, 6 St. James Street, Boston, Massachusetts 02116.
FOR FURTHER INFORMATION CONTACT:
Deepak T. Pai, Staff Attorney, at (202) 942-0574, or Robert A.
Robertson, Branch Chief, at (202) 942-0564 (Division of Investment
Management, Office of Investment Company Regulation).
SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
SEC's Public Reference Branch.
Applicant's Representations
1. Applicant is an open-end management investment company organized
as a New York common law trust. Applicant registered under the Act and
filed a Form N-1A on June 15, 1992. Applicant has not filed a
registration statement to register its shares under the Securities Act
of 1933.
2. At a meeting held on August 3, 1994, applicant's board of
trustees approved an agreement and plan of reorganization (the
``Agreement'') to terminate and deregister applicant. The Agreement was
among BT Investment Funds (``BT Funds'') on behalf of Capital Growth
Fund and Capital Appreciation Fund (each a series of BT Funds), Capital
Appreciation Portfolio and applicant. On November 11, 1994, Capital
Growth Fund, the sole interestholder of applicant, approved the
Agreement and authorized the liquidation and termination of applicant.
3. On November 11, 1994, pursuant to the Agreement, applicant
transferred all of its assets and liabilities to Capital Growth Fund.
Thereafter, Capital Appreciation Fund acquired the assets and
liabilities of Capital Growth Fund in exchange for shares of Capital
Appreciation Fund, and Capital Growth Fund distributed these shares to
its shareholders. Concurrently therewith, Capital Appreciation Fund
contributed the assets and liabilities of applicant to Capital
Appreciation Portfolio in exchange for an interest in Capital
Appreciation Portfolio.
4. Expenses incurred in connection with the reorganization and the
termination of applicant are estimated at $5,000 and Bankers Trust
Company, applicant's adviser, has agreed to pay all such expenses.
Additionally, deferred organizational expenses totalling $11,142 were
paid by Bankers Trust Company on November 10, 1994. Applicant had no
outstanding deferred organizational expenses upon liquidation.
5. As of the date of this application, applicant had no assets,
liabilities or shareholders. Applicant is not a party to any litigation
or administrative proceeding.
6. Applicant is neither engaged in, nor does it propose to engage
in, any business activities other than those necessary for the winding-
up of its affairs.
7. No action is required to terminate the common law trust under
state law. Thus, applicant does not intend to file any certificate of
dissolution or similar document.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-32097 Filed 12-28-94; 8:45 am]
BILLING CODE 8010-01-M
