94-20624. Post-Effective Amendments to Investment Company Registration Statements  

  • [Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20624]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 24, 1994]
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    
    17 CFR Parts 200, 230, 239, 270 AND 274
    
    [Release Nos. 33-7083; IC-20486; File No. S7-26-93]
    RIN 3235-AF96
    
     
    
    Post-Effective Amendments to Investment Company Registration 
    Statements
    
    AGENCY: Securities and Exchange Commission.
    
    ACTION: Final rule and form amendments; rescission of rule.
    
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    SUMMARY: The Commission is adopting rule and form amendments to revise 
    the procedures by which investment companies, including insurance 
    company separate accounts, file post-effective amendments to 
    registration statements. The Commission also is adopting a rule 
    providing procedures by which closed-end interval companies file post-
    effective amendments and subsequent registration statements. The 
    amendments simplify the operation of the current rules and expand the 
    conditions under which post-effective amendments filed by investment 
    companies are permitted to become effective automatically.
    
    EFFECTIVE DATE: The amendments will become effective on October 11, 
    1994.
    
    FOR FURTHER INFORMATION CONTACT: Janice M. Bishop, Attorney, or Kenneth 
    J. Berman, Deputy Office Chief, (202) 942-0721, Office of Disclosure 
    and Adviser Regulation, Division of Investment Management, Securities 
    and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549.
    
    SUPPLEMENTARY INFORMATION: The Securities and Exchange Commission 
    (``Commission'') today is adopting: (1) amendments to rule 485 [17 CFR 
    230.485] under the Securities Act of 1933 [15 U.S.C. 77a et seq.] 
    (``Securities Act''), the rule under which post-effective amendments to 
    registration statements filed by open-end management investment 
    companies (``mutual funds'') and unit investment trusts (``UITs'') 
    (collectively, ``funds'') become effective automatically; (2) rule 486 
    [17 CFR 230.486], which establishes procedures similar to rule 485 for 
    closed-end interval funds;1 (3) conforming amendments to Form N-1A 
    [17 CFR 239.15A, 274.11A], Form N-2 [17 CFR 239.14, 274.11a-1], Form N-
    3 [17 CFR 274.11b and 239.17a], and Form N-4 [17 CFR 274.11c and 
    239.17b], the forms used by mutual funds, closed-end management 
    investment companies and insurance company separate accounts that offer 
    variable annuity contracts, to satisfy the registration statement 
    requirements of the Investment Company Act of 1940 [15 U.S.C. 80a-1 et 
    seq.] (``1940 Act'') and to register securities under the Securities 
    Act, and Form S-6 [17 CFR 239.16], the form used by UITs to register 
    securities under the Securities Act; and (4) technical and conforming 
    amendments to rule 6e-3(T) under the 1940 Act [17 CFR 270.6e-3(T)], 
    rule 487 under the Securities Act [17 CFR 230.487], and rule 30-5 of 
    the Commission's Rules of Practice and Investigations [17 CFR 200.30-
    5].
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        \1\Current rule 486, which is the counterpart to rule 485 for 
    post-effective amendments filed by insurance company separate 
    accounts that issue variable annuity and variable life insurance 
    contracts, is being rescinded. These separate accounts are eligible 
    to use rule 485, as amended. New rule 486 was originally proposed as 
    rule 485a in Investment Company Act Release No. 19391 (Apr. 7, 1993) 
    [58 FR 19361 (Apr. 14, 1993)]. The Commission is adopting separately 
    a related amendment to rule 415 under the Securities Act that will 
    permit closed-end interval funds to offer securities on a delayed or 
    continuous basis. See Investment Company Act Rel. No. 20487.
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    I. Executive Summary
    
        The Commission is amending rule 485 under the Securities Act. Rule 
    485 permits post-effective amendments to registration statements filed 
    by mutual funds and UITs to become effective automatically (i.e., 
    without Commission or staff action). The amendments simplify the 
    operation of the current rules and expand the conditions under which 
    post-effective amendments filed under paragraph (b) of rule 485 by 
    mutual funds and UITs are permitted to become effective immediately 
    (``B-Amendments'').
        The amendments to rule 485 permit funds to file B-Amendments for 
    seven additional purposes--four purposes as originally proposed by the 
    Commission and three purposes as suggested by commenters. These 
    purposes include delaying the effective date of a previously-filed 
    post-effective amendment, updating the fund's discussion of its 
    performance, revising portfolio manager disclosure, and adding interim 
    financial statements. The Commission may suspend the ability of a fund 
    to file B-Amendments for a specified time if the fund has filed a B-
    Amendment under circumstances in which paragraph (b) is not available. 
    In addition, the Commission is amending rule 485 to provide that a 
    post-effective amendment filed pursuant to paragraph (a) (``A-
    Amendment'') that adds a new series will not become effective until the 
    seventy-fifth day after filing.
        Finally, the Commission is adopting new rule 486 to permit closed-
    end management investment companies and business development companies 
    that periodically repurchase their shares in accordance with rule 23c-3 
    under the 1940 Act [17 CFR 270.23c-3] to file certain post-effective 
    amendments and registration statements that become effective 
    automatically.
    
    II. Background
    
        On September 21, 1993, the Commission issued a release proposing 
    for public comment amendments to rule 485 under the Securities Act 
    (``Proposing Release'').2 Rule 485 permits post-effective 
    amendments to registration statements filed by mutual funds and UITs to 
    become effective automatically (i.e., without Commission or staff 
    action). Post-effective amendments eligible to be filed under paragraph 
    (b) of rule 485 (``B-Amendments''), which only may be for one or more 
    of the four purposes specified by the rule,3 may become effective 
    immediately upon filing or, at the option of the fund, up to 20 days 
    after filing. All other post-effective amendments are filed under 
    paragraph (a) of rule 485 (``A-Amendments''), and become effective 60 
    days after filing or, at the option of the fund, up to 80 days after 
    filing. The 60-day period provides the staff of the Division of 
    Investment Management (``Division'') with time to review and comment on 
    the post-effective amendments. The amendments will simplify the 
    operation of the current rules and expand the conditions under which 
    post-effective amendments filed by mutual funds and UITs are permitted 
    to become effective immediately.
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        \2\Investment Company Act Rel. No. 19722 (Sept. 21, 1993) [58 FR 
    50291 (Sept. 27, 1993)].
        \3\These purposes include: increasing the amount of securities 
    offered; registering an indefinite amount of securities as permitted 
    by section 24(f) of the 1940 Act [15 U.S.C. 80a-24(f)]; updating 
    financial statements within four to six months after the effective 
    date of the registration statement; and amending the registration 
    statement to update financial statements ``and other information'' 
    as required by section 10(a)(3) of the Securities Act and ``in 
    conjunction therewith'' to make ``such other non-material changes as 
    the registrant deems appropriate.''
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        The Commission received 15 comment letters on the proposed 
    amendments.4 In general, the commenters supported the adoption of 
    the proposed amendments and stated that the revisions would improve the 
    process by which mutual funds file post-effective amendments. Most of 
    the commenters, however, believed that certain aspects of the proposal 
    should be modified or eliminated. The Commission is adopting the 
    proposed amendments and related form changes, modified to reflect many 
    of the comments received.
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        \4\All comment letters, including a summary of the comments 
    prepared by the staff, have been placed in Public Comment File No. 
    S7-26-93.
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    III. Discussion
    
        A. Additional Purposes for Filing B-Amendments
        Under rule 485, as amended, a fund may file a B-Amendment for seven 
    additional purposes. The first four purposes, which are being adopted 
    substantially as proposed, were supported by most of the commenters. 
    The remaining purposes were recommended by commenters in response to 
    the Commission's request for comment on additional purposes for which 
    B-Amendments would be appropriate.
        1. Delaying the Effective Date of a Post-Effective Amendment Under 
    Paragraph (a)
        The Commission is adopting new paragraph (b)(1)(v) to permit funds 
    to use a B-Amendment to delay the effective date of an A-Amendment for 
    up to 30 days (rather than 20 days, as proposed). Previously, a fund 
    had to file another A-Amendment to delay the effectiveness of an A-
    Amendment beyond the 60- to 80-day period and then had to request that 
    the staff accelerate the effective date of the second A-Amendment if 
    the desired delay was for less than 60 days.5
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        \5\A new note to rule 485 clarifies how to determine the date of 
    automatic effectiveness. The note explains that funds should count 
    the day following the filing date as the first date of the time 
    period. For example, an A-Amendment filed on November 1 would become 
    effective on December 31.
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        2. Disclosure in Response to Item 5A of Form N-1A
        The Commission is adopting paragraph (b)(1)(vi), as proposed, to 
    allow funds to file a B-Amendment to include a description of, or 
    changes to, the management's discussion of fund performance provided in 
    response to Item 5A of Form N-1A. The information provided in response 
    to this item will change every year, and permitting these changes to be 
    made pursuant to a B-Amendment will alleviate administrative burdens on 
    both funds and the Commission.6
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        \6\The information required by Item 5A may be omitted from the 
    prospectus if it is included in the fund's annual report.
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        3. Non-Material Changes to the Registration Statement
        The Commission is adopting paragraph (b)(1)(vii), as proposed, to 
    permit B-Amendments to be filed to make any non-material change to the 
    registration statement at any time. Previously, rule 485 only permitted 
    certain non-material changes to be made in conjunction with an annual 
    update of the registration statement.
        The Commission solicited comment whether the ``materiality'' 
    standard has proved workable for funds and whether a different standard 
    would provide greater certainty while facilitating staff review of 
    post-effective amendments that may raise legal or disclosure issues. 
    Several commenters stated that the materiality standard has proved 
    workable and that funds and their counsel are accustomed to making 
    determinations as to materiality when drafting disclosure for 
    prospectuses and statements of additional information. One commenter 
    asked whether, under the materiality standard, rule 485 permits use of 
    a B-Amendment for the purpose of converting a single prospectus that 
    relates to several series funds to multiple prospectuses each of which 
    relates to one or more series.7 The Commission believes that the 
    changes made in such a post-effective amendment (or in a post-effective 
    amendment that combines several series that are being sold pursuant to 
    separate prospectuses into one prospectus) generally would not be 
    material and that the post-effective amendment could be filed as a B-
    Amendment.8
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        \7\Mutual funds often organize themselves as series companies 
    and offer investors an opportunity to invest in one or more 
    ``portfolios,'' each of which has a specific investment objective. 
    The mutual fund will offer a series or class of shares that 
    represents an interest in the portfolio in which the investor 
    desires to participate.
        \8\Of course, other revised disclosure may be included in such a 
    post-effective amendment that would be material and preclude the use 
    of a B-Amendment.
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        4. Discretionary Authority to Permit Automatic Effectiveness
        The Commission is adopting paragraph (b)(1)(ix), as proposed, to 
    allow the Commission, on a discretionary basis, to permit certain types 
    of post-effective amendments not otherwise eligible to be filed as B-
    Amendments to become effective automatically without opportunity for 
    staff review. Requests for permission to file post-effective amendments 
    under this new paragraph should be made by a letter to the Division of 
    Investment Management.9
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        \9\As discussed in the Proposing Release, exercise of this 
    authority would permit, for example, substantially identical 
    revisions contained in post-effective amendments filed by a number 
    of funds in a fund complex to become effective upon filing without 
    Division review if the Division had previously had an opportunity to 
    review one of them. Four commenters suggested codifying this 
    standard as an additional purpose for filing a B-Amendment. The 
    Commission believes that it is preferable to address these 
    situations on a case-by-case basis since revised language in the 
    prospectus of one type of a fund may not constitute full disclosure 
    in a prospectus of another type of fund.
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        5. Adding Interim Financial Statements
        As suggested by two commenters, the Commission is amending 
    paragraph (b)(1)(iii) to allow a fund to file a B-Amendment for the 
    purpose of amending the registration statement to add interim financial 
    statements as required by applicable accounting rules.10 Rule 3-18 
    of Regulation S-X [17 CFR 210.3-18] requires a fund to add interim 
    financial statements if the fund files a post-effective amendment under 
    rule 485(a) that it expects to become effective more than 245 days 
    after the date of the fund's balance sheet.11 Under new paragraph 
    (b)(1)(iii), a post-effective amendment otherwise eligible to be filed 
    as a B-Amendment would not lose its eligibility because it contains 
    interim financial statements.
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        \1\0Previously, paragraph (b)(1)(iii) only allowed a fund to 
    file a B-Amendment to bring annual financial statements up to date 
    under section 10(a)(3) of the Securities Act [15 U.S.C. 77j(a)(3)].
        \1\1In addition, a UIT could file a post-effective amendment 
    under rule 485(a) that it expects to become effective more than 135 
    days after the date of the UIT's balance sheet. Rule 3-12 of 
    Regulation S-X [17 CFR 210.3-12] requires the UIT to include interim 
    financial statements in such an amendment.
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        6. Disclosing a Change in Portfolio Manager
        As suggested by one commenter, the Commission is amending proposed 
    paragraph (b)(1)(vi) to permit a fund to file a B-Amendment to reflect 
    a change in portfolio managers.12
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        \1\2Item 5(c) of Form N-1A requires funds (except money market 
    funds and index funds) to disclose the name and title of the person 
    or persons employed by or associated with the fund or its adviser 
    ``who are primarily responsible for the day-to-day management of the 
    fund's portfolio.'' A fund would generally inform investors of a 
    change in the portfolio manager by means of a ``sticker'' to the 
    fund's prospectus. The sticker would be filed with the Commission in 
    accordance with rule 497 under the Securities Act [17 CFR 270.497]; 
    a post-effective amendment to the registration statement would not 
    be necessary at that time. Investment Company Act Rel. No. 19382 
    (Apr. 6, 1993) [58 FR 68 (Apr. 12, 1993)] at 7. The change would 
    typically be reflected in the next post-effective amendment filed by 
    the fund.
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        7. Separate Account UITs
        As suggested by two commenters, the Commission is adding a new 
    paragraph (b)(1)(viii) to permit certain separate accounts to file B-
    Amendments in certain additional circumstances. A separate account 
    offering variable insurance products may be organized as a UIT (``trust 
    account'') investing all of its assets in an open-end management 
    investment company (``underlying fund''). The trust account prospectus 
    discloses information about the separate account and the insurance 
    contracts being offered and also contains summary information about the 
    underlying fund. Paragraph (b)(1)(viii) permits a trust account to 
    amend disclosure pursuant to a B-Amendment to reflect amendments to the 
    registration statement of an underlying fund. For example, a trust 
    account could file a B-Amendment to add summary disclosure about an 
    additional sub-account that would hold the shares of a new underlying 
    fund. In such instance, the staff would have had the opportunity to 
    review the A-Amendment filed by the underlying fund.
        B. Conditions for Filing B-Amendments
        As proposed, the Commission is deleting the list of events in 
    paragraph (b)(2) that preclude the filing of a B-Amendment. Funds will 
    continue to be required to represent that no material event requiring 
    disclosure in the prospectus has occurred (other than one of the events 
    specified in paragraph (b)(1)).13 Commenters agreed that the list 
    of events has rarely, if ever, been relevant to determining whether a 
    filing could be made under paragraph (b), since the events described 
    would clearly result in material changes.
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        \1\3As under the current rule, if counsel prepares or reviews 
    the B-Amendment, counsel must furnish a written representation that 
    the amendment does not contain disclosure that would render it 
    ineligible to become effective under paragraph (b) of this section. 
    Paragraph (b)(5) of rule 485.
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        One of the proposed amendments would have precluded a fund from 
    filing a B-Amendment if the fund had failed to file a report on Form N-
    SAR for the most recent period for which a filing is required. This 
    proposal was criticized as unnecessary and potentially unfair to funds. 
    The Commission was urged to use enforcement remedies to punish late 
    filers rather than condition rule 485, as proposed. Upon 
    reconsideration, the Commission has decided not to adopt the proposed 
    limitation on use of paragraph (b). Funds are reminded that failure to 
    timely file Form N-SAR is a violation of Section 30 of the 1940 Act [15 
    USC 80a-30] for which penalties are prescribed.14
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        \1\4See Section 42 of the 1940 Act [15 U.S.C. 80a-41].
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        C. Extending Time Period for B-Amendments
        As suggested by several commenters, the Commission is amending 
    paragraph (b) of the rule to permit B-Amendments to become effective up 
    to 30 days (rather than 20 days, as proposed) after filing.
        D. Suspension of Use of 485(b)
        The Commission is adopting, as proposed, a new provision that will 
    permit the Commission to suspend a fund's ability to use paragraph (b) 
    if a fund designates an amendment as a B-Amendment when it is not 
    eligible to use that paragraph.15 The amendment is intended to 
    deter misuse of paragraph (b) and is similar to a provision in rule 487 
    under which registration statements of UITs may become effective 
    automatically.16
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        \1\5Paragraph (c)(2). The Commission is also amending the Rule 
    30-5 of the Rules of Organization and Program Management to delegate 
    to the Division Director the authority to issue suspensions.
        \1\6Paragraph (c)(2) of rule 487.
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        Two commenters opposed the provision, one of which asserted that 
    misuse of rule 485 stems from uncertainty over the availability of 
    paragraph (b). The amendments to paragraph (b) (discussed above) that 
    are being adopted today should clarify the requirements for filing B-
    Amendments. Funds and their counsel who are unsure whether a particular 
    amendment might preclude use of paragraph (b) are encouraged to contact 
    the Division staff prior to filing the amendment.17
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        \1\7B-Amendments are generally not reviewed by the staff and the 
    misuse of paragraph (b) may not be discovered for some time after 
    the B-Amendment has become effective. Under paragraph (c)(2) of rule 
    485, as amended, the suspension would become effective on, and the 
    period of the suspension measured from, the date on which the 
    Commission furnishes written notice of the suspension and not on the 
    date on which the improper B-Amendment was filed. Paragraph (c)(2) 
    of rule 485, as amended.
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        E. Post-Effective Amendments Adding Series
        The Commission is amending rule 485 to provide that an A-Amendment 
    adding a new series will not become effective until 75 days after 
    filing. Previously, A-Amendments became effective 60 days after filing 
    or, at the option of the fund, up to 80 days after filing.
        The Commission proposed an amendment to rule 485 to prohibit funds 
    from using rule 485 for amendments that add a new series to an existing 
    open-end investment company. Under the proposal, a post-effective 
    amendment that added a series would not become effective automatically, 
    but would, under section 8(c) of the Securities Act [15 U.S.C. 77h(c)], 
    become effective only when the Division declared it effective pursuant 
    to delegated authority. The Commission proposed this amendment because 
    the staff and funds have often found that, due to the significance of 
    the disclosure issues presented, the 60-day period for an A-Amendment 
    to become automatically effective often did not provide an adequate 
    opportunity to complete the disclosure review process.18
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        \1\8Although it is the policy of the staff to provide comments 
    on post-effective amendments within 45 days of filings, funds often 
    find it difficult to respond to the staff's comments prior to the 
    60th day after filing.
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        Nearly all of the commenters opposed the proposed amendment. 
    Several commenters noted that the new disclosure in a post-effective 
    amendment adding a new series usually is limited to the discussion of 
    investment objectives, policies and risks of investment in the new 
    series and thus such an amendment is not the equivalent of a new 
    registration statement as suggested in the Proposing Release. All the 
    commenters agreed that the level of certainty in the effective date of 
    a post-effective amendment is important for controlling the costs of 
    printing prospectuses and to the successful launch of a new series.
        After balancing the commenters' concern for certainty in the 
    effective date of a post-effective amendment with the need for 
    sufficient time to review post-effective amendments adding a new 
    series, the Commission is amending paragraph (a) to provide that post-
    effective amendments adding a new series become effective 75 days after 
    filing.19 This amendment would provide funds with a greater degree 
    of certainty concerning when their registration statement will become 
    effective, yet provide sufficient time for comments to be 
    resolved.20
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        \1\9Paragraph (a)(2) of rule 485 as amended. A fund may 
    designate a longer period--up to 95 days--before the registration 
    statement becomes effective. The Commission expects that a fund will 
    designate a longer period if it believes that the filing raises 
    issues that will require more than 75 days to resolve. In addition, 
    a fund could file a B-Amendment pursuant to new paragraph (b)(1)(v) 
    to extend the time period by up to 30 days. See Section II.A. of 
    this Release.
        \2\0The Division intends to continue to seek to provide comments 
    on post-effective amendments that add a new series within 45 days of 
    filing.
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        F. Rule 486
        The Commission is adopting new rule 486 substantially as reproposed 
    in the Proposing Release, with minor changes to conform to those made 
    in rule 485. Rule 486 permits closed-end management investment 
    companies and business development companies that periodically 
    repurchase their shares in accordance with rule 23c-3 under the 1940 
    Act (``closed-end interval funds'') to file certain post-effective 
    amendments and registration statements that become effective 
    automatically.21 The initial proposal of rule 486 recognized that 
    closed-end interval funds may need continuously effective registration 
    statements and would benefit if certain filings could become effective 
    automatically.22 Most comments on the original proposal supported 
    the rule.23 The Proposing Release reproposed the rule to conform 
    to proposed changes in rule 485.24 Comments on the Proposing 
    Release did not address rule 486.
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        \2\1Like rule 23c-3, rule 486 originated in a recommendation of 
    the Division of Investment Management. Division of Investment 
    Management, SEC, Protecting Investors: A Half Century of Investment 
    Company Regulation at 453 (1992) (discussion of the possibility of 
    subjecting closed-end companies that make repurchase offers to 
    registration requirements like those applicable to open-end funds).
        \2\2Investment Company Act Rel. No. 19391, supra note 1.
        \2\3Several commenters urged the Commission to extend the 
    proposed rule to all closed-end funds that repurchase their own 
    securities, not just those making periodic repurchase offers under 
    rule 23c-3, or to all closed-end funds. None of the commenters, 
    however, identified any other group of closed-end funds with a clear 
    need for automatically effective amendments. In the absence of a 
    showing of such a need, the Commission has retained the proposed 
    limitation of the rule to interval funds.
        \2\4As reproposed, rule 486 generally expanded the permissible 
    use of B-Amendments, subject to certain contingencies, including 
    prior effectiveness of a related registration statement or post-
    effective amendment within the prior two years. Some changes in rule 
    485 were not proposed for rule 486, such as revisions concerning 
    financial statements for a new fund, investment performance 
    information, and adding a new series or portfolio.
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        G. Technical and Conforming Changes
        The Commission is adopting revisions to the cover page of Forms N-
    1A, N-2, N-3, N-4 and S-6 to provide additional boxes for the fund to 
    indicate the paragraph of rule 485 or rule 486 on which it is relying. 
    The Commission also is adding a new paragraph 4 of Instruction E of 
    Form N-2 which explains that closed-end interval funds may file 
    automatically effective post-effective amendments or registration 
    statements under rule 486, that rule 429 under the Securities Act [17 
    CFR 230.429] permits the use of a combined prospectus when filing a new 
    registration statement to register additional shares, and that the 
    filing fee for such a statement extends only to additional shares 
    registered.
    
    IV. Effective Date
    
        The amendments will become effective on October 11, 1994 as to 
    post-effective amendments (or, in the case of closed-end interval 
    funds, new registration statements registering additional shares) filed 
    on or after that date with the Commission.
    
    V. Regulatory Flexibility Act Analysis
    
        A summary of the Initial Regulatory Flexibility Analysis, which was 
    prepared in accordance with 5 U.S.C. 603, was published in Investment 
    Company Act Rel. No. 19722. No comments were received on this analysis. 
    The Commission has prepared a Final Regulatory Flexibility Analysis, a 
    copy of which may be obtained by contacting Janice M. Bishop, Division 
    of Investment Management, Securities and Exchange Commission, 450 Fifth 
    Street NW., Washington, DC 20549.
    
    List of Subjects in 17 CFR Parts 200, 230, 239, 270 and 274
    
        Administrative practice and procedure; Authority delegations 
    (Government agencies); Investment companies; Reports and recordkeeping 
    requirements; Securities.
    
    Text of Final Rule and Form Amendments
    
        In accordance with the foregoing, Chapter II, Title 17 of the Code 
    of Federal Regulations is amended as follows:
    
    PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND 
    REQUESTS
    
        1. The authority citation for Subpart A continues to read in part 
    as follows:
    
        Authority: 15 U.S.C. 77s, 78d-1, 78d-2, 78w, 78ll(d), 79t, 
    77sss, 80a-37, 80b-11, unless otherwise noted.
    * * * * *
        2. The authority citation for Subpart M is revised to read as 
    follows:
    
        Authority: 15 U.S.C. 77s, 78w, 79t, 77sss, 80a-37, 80b-11; E.O. 
    11222, 3 CFR, 1964-1965 Comp.; 5 CFR 735.104 unless otherwise noted.
    
        3. Section 200.30-5 is amended by revising paragraph (b-2) 
    introductory text and paragraph (b-2)(1); by redesignating paragraphs 
    (b-3) and (b-4) as paragraphs (b-4) and (b-5); and by adding a new 
    paragraph (b-3) to read as follows:
    
    
    Sec. 200.30-5    Delegation of authority to Director of Division of 
    Investment Management.
    
    * * * * *
        (b-2) With respect to post-effective amendments filed pursuant to 
    Sec. 230.485(a) or Sec. 230.486(a) of this chapter:
        (1) To suspend the operation of paragraph (a) of such sections and 
    to issue written notices to registrants of such suspensions;
    * * * * *
        (b-3) With respect to post-effective amendments filed pursuant to 
    Sec. 230.485(b) or Sec. 230.486(b) of this chapter:
        (1) To approve additional purposes for post-effective amendments 
    which shall be eligible for immediate effectiveness pursuant to 
    paragraph (b) of such sections.
        (2) To suspend the operation of paragraph (b) of such sections and 
    to issue written notices to registrants of such suspensions.
    * * * * *
        4. By amending paragraph (e)(1)(ii) of Sec. 200.735-5 by revising 
    the reference ``17 CFR 230.486(b)'' to read ``17 CFR 230.485(b)''.
    
    PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933
    
        5. The authority citation Part 230 continues to read in part as 
    follows:
    
        Authority: 15 U.S.C. 77b, 77f, 77g, 77h, 77j, 77s, 77sss, 78c, 
    78l, 78m, 78n, 78o, 78w, 78ll(d), 79t, 80a-8, 80a-29, 80a-30, and 
    80a-37, unless otherwise noted.
    * * * * *
        6. By revising Sec. 230.485 to read as follows:
    
    
    Sec. 230.485   Effective date of post-effective amendments filed by 
    certain registered investment companies.
    
        (a) Automatic Effectiveness. (1) Except as otherwise provided in 
    this section, a post-effective amendment to a registration statement 
    filed by a registered open-end management investment company, unit 
    investment trust or separate account as defined in section 2(a)(37) of 
    the Investment Company Act of 1940 [15 USC 80a-2(a)(37)] shall become 
    effective on the sixtieth day after the filing thereof, or a later date 
    designated by the registrant on the facing sheet of the amendment, 
    which date shall be no later than eighty days after the date on which 
    the amendment is filed.
        (2) A post-effective amendment filed by a registered open-end 
    management investment company for the purpose of adding a series shall 
    become effective on the seventy-fifth day after the filing thereof or a 
    later date designated by the registrant on the facing sheet of the 
    amendment, which date shall be no later than ninety-five days after the 
    date on which the amendment is filed.
        (3) The Commission, having due regard to the public interest and 
    the protection of investors, may declare an amendment filed under this 
    paragraph (a) effective on an earlier date.
        (b) Immediate Effectiveness. Except as otherwise provided in this 
    section, a post-effective amendment to a registration statement filed 
    by a registered open-end management investment company, unit investment 
    trust or separate account as defined in section 2(a)(37) of the 
    Investment Company Act of 1940 [15 USC 80a-2(a)(37)] shall become 
    effective on the date upon which it is filed with the Commission, or a 
    later date designated by the registrant on the facing sheet of the 
    amendment, which date shall be not later than thirty days after the 
    date on which the amendment is filed, except that a post-effective 
    amendment including a designation of a new effective date pursuant to 
    paragraph (b)(1)(v) of this section shall become effective on the new 
    effective date designated therein, Provided, that the following 
    conditions are met:
        (1) It is filed for no purpose other than one or more of the 
    following:
        (i) Increasing the number or amount of securities proposed to be 
    offered under section 24(e)(1) of the Investment Company Act of 1940 
    [15 U.S.C. 80a-24(e)(1)];
        (ii) Registering an indefinite number or amount of securities under 
    section 24(f) of the Investment Company Act of 1940 [15 U.S.C. 80a-
    24(f)] and Sec. 270.24f-2 of this chapter;
        (iii) Bringing the financial statements up to date under section 
    10(a)(3) of the Securities Act of 1933 [15 U.S.C. 77j(a)(3)] or Rules 
    3-12 or 3-18 of Regulation S-X [17 CFR 210.3-12 and 210.3-18];
        (iv) Complying with an undertaking to file an amendment containing 
    financial statements, which may be unaudited, within four to six months 
    after the effective date of the registrant's registration statement 
    under the Securities Act of 1933 [15 U.S.C. 77a et seq.];
        (v) Designating a new effective date for a previously filed post-
    effective amendment pursuant to paragraph (a) of this section, which 
    has not yet become effective, Provided, that the new effective date 
    shall be no earlier than the effective date designated in the 
    previously filed amendment under paragraph (a) of this section and no 
    later than thirty days after that date;
        (vi) Disclosing or updating the information required by Items 5(c) 
    or 5A of Form N-1A [17 CFR 239.15A and 274.11A];
        (vii) Making any non-material changes which the registrant deems 
    appropriate;
        (viii) In the case of a separate account registered as a unit 
    investment trust, to make changes in the disclosure in the unit 
    investment trust's registration statement to reflect changes to 
    disclosure in the registration statement of the investment company in 
    which the unit investment trust invests all of its assets; and
        (ix) Any other purpose which the Commission shall approve.
        (2) The registrant represents that the amendment is filed solely 
    for one or more of the purposes specified in paragraph (b)(1) of this 
    section and that no material event requiring disclosure in the 
    prospectus, other than one listed in paragraph (b)(1) of this section 
    or one for which the Commission has approved a filing under paragraph 
    (b)(1)(ix) of this section, has occurred since the latest of the 
    following three dates:
        (i) the effective date of the registrant's registration statement;
        (ii) the effective date of its most recent post-effective amendment 
    to its registration statement which included a prospectus; or
        (iii) the filing date of a post-effective amendment filed under 
    paragraph (a) of this section which has not become effective.
        (3) The amendment recites on its facing sheet that the registrant 
    proposes that the amendment will become effective under paragraph (b) 
    of this section.
        (4) The representations of the registrant referred to in paragraph 
    (b)(2) of this section shall be made by certification on the signature 
    page of the post-effective amendment that the amendment meets all the 
    requirements for effectiveness under paragraph (b) of this section. If 
    counsel prepared or reviewed the post-effective amendment filed under 
    paragraph (b) of this section, counsel shall furnish to the Commission 
    at the time the amendment is filed a written representation that the 
    amendment does not contain disclosures that would render it ineligible 
    to become effective under paragraph (b) of this section.
        (c) Incomplete or Inaccurate Amendments; Suspension of Use of 
    Paragraph (b) of this section. (1) No amendment shall become effective 
    under paragraph (a) of this section if, prior to the effective date of 
    the amendment, it should appear to the Commission that the amendment 
    may be incomplete or inaccurate in any material respect, and the 
    Commission furnishes to the registrant written notice that the 
    effective date of the amendment is to be suspended. Following such 
    action by the Commission, the registrant may file with the Commission 
    at any time a petition for review of the suspension. The Commission 
    will order a hearing on the matter if a request for such a hearing is 
    included in the petition. If the Commission has suspended the effective 
    date of an amendment, the amendment shall become effective on such date 
    as the Commission may determine, having due regard to the public 
    interest and the protection of investors.
        (2) The Commission may, in the manner and under the circumstances 
    set forth in this paragraph (c)(2), suspend the ability of registrant 
    to file a post-effective amendment under paragraph (b) of this section. 
    The notice of such suspension shall be in writing and shall specify the 
    period for which such suspension shall remain in effect. The Commission 
    may issue a suspension if it appears to the Commission that a 
    registrant which files a post-effective amendment under paragraph (b) 
    of this section has not complied with the conditions of that paragraph. 
    Any suspension under this paragraph (c)(2) shall become effective at 
    such time as the Commission furnishes written notice thereof to the 
    registrant. Any such suspension, so long as it is in effect, shall 
    apply to any post-effective amendment that has been filed but has not, 
    at the time of such suspension, become effective, and to any post-
    effective amendment that may be filed after the suspension. Any 
    suspension shall apply only to the ability to file a post-effective 
    amendment pursuant to paragraph (b) of this section and shall not 
    otherwise affect any post-effective amendment. Following this action by 
    the Commission the registrant may file with the Commission at any time 
    a petition for review of the suspension. The Commission will order a 
    hearing on the matter if a request for a hearing is included in the 
    petition.
        (d) Subsequent Amendments. (1) Except as provided in paragraph 
    (d)(2) of this section, a post-effective amendment that includes a 
    prospectus shall not become effective under paragraph (a) of this 
    section if a subsequent post-effective amendment relating to the 
    prospectus is filed before such amendment becomes effective.
        (2) A post-effective amendment that includes a prospectus shall 
    become effective under paragraph (a) of this section notwithstanding 
    the filing of a subsequent post-effective amendment relating to the 
    prospectus, Provided, that the following conditions are met:
        (i) the subsequent amendment is filed under paragraph (b) of this 
    section; and
        (ii) the subsequent amendment designates as its effective date 
    either:
        (A) the date on which the prior post-effective amendment was to 
    become effective under paragraph (a) of this section; or
        (B) a new effective date designated under paragraph (b)(1)(v) of 
    this section.
    
    In this case the prior post-effective amendment filed under paragraph 
    (a) of this section and any prior post-effective amendment filed under 
    paragraph (b) of this section shall also become effective on the new 
    effective date designated under paragraph (b)(1)(v) of this section.
        (3) Notwithstanding paragraphs (d)(1) and (d)(2) of this section, 
    if another post-effective amendment relating to the same prospectus is 
    filed under paragraph (a) of this section before the prior amendments 
    filed pursuant to paragraphs (a) and (b) of this section have become 
    effective, none of such prior amendments shall become effective under 
    this section.
        (e) Certain Separate Accounts. For purposes of this section, a 
    post-effective amendment to a registration statement for an offering of 
    securities by a registered open-end management investment company or 
    unit investment trust as those terms are used in paragraphs (a), (b), 
    and (e) of this section and as such amendments are referred to in 
    paragraphs (c) and (d) of this section, shall include a post-effective 
    amendment to an offering of securities by an insurance company funded 
    through a separate account, as defined in section 2(a)(37) of the 
    Investment Company Act of 1940 [15 U.S.C. 80a-2(a)(37)], where the 
    separate account need not register under the Investment Company Act of 
    1940 under section 3(c)(11) thereof [15 U.S.C. 80a-3(c)(11)].
        (f) Electronic Filers. (1) When ascertaining the date of filing, 
    electronic filers should not presume a registration statement has been 
    accepted until notice of acceptance has been received from the 
    Commission.
        (2) Attention is directed to the requirements of the relevant 
    registration statement form and Sec. 230.483 concerning certain items 
    of financial information (the Financial Data Schedule) that may be 
    required.
    
        Note: To determine the date of automatic effectiveness, the day 
    following the filing date is the first day of the time period. For 
    example, a post-effective amendment filed under paragraph (a) of this 
    section on November 1 would become effective on December 31.
    
        7. By revising Sec. 230.486 to read as follows:
    
    
    Sec. 230.486   Effective date of post-effective amendments and 
    registration statements filed by certain closed-end management 
    investment companies.
    
        (a) Automatic Effectiveness. Except as otherwise provided in this 
    section, a post-effective amendment to a registration statement, or a 
    registration statement filed for the purpose of registering additional 
    shares of common stock for which a registration statement filed on Form 
    N-2 (Secs. 239.14 and 274.11a-1 of this chapter) is effective, filed by 
    a registered closed-end management investment company or business 
    development company which makes periodic repurchase offers under 
    Sec. 270.23c-3 of this chapter, shall become effective on the sixtieth 
    day after the filing thereof, or a later date designated by the 
    registrant on the facing sheet of the amendment or registration 
    statement, which date shall not be later than eighty days after the 
    date on which the amendment or registration statement is filed, 
    Provided, that the Commission, having due regard to the public interest 
    and the protection of investors, may declare an amendment or 
    registration statement filed under this paragraph (a) effective on an 
    earlier date.
        (b) Immediate Effectiveness. Except as otherwise provided in this 
    section, a post-effective amendment to a registration statement, or a 
    registration statement for additional shares of common stock, filed by 
    a registered closed-end management investment company or business 
    development company which makes periodic repurchase offers under 
    Sec. 270.23c-3 of this chapter, shall become effective on the date on 
    which it is filed with the Commission, or a later date designated by 
    the registrant on the facing sheet of the amendment or registration 
    statement, which date shall be not later than thirty days after the 
    date on which the amendment or registration statement is filed, except 
    that a post-effective amendment including a designation of a new 
    effective date under paragraph (b)(1)(iii) of this section shall become 
    effective on the new effective date designated therein, Provided, that 
    the following conditions are met:
        (1) It is filed for no purpose other than one or more of the 
    following:
        (i) Registering additional shares of common stock for which a 
    registration statement filed on Form N-2 (Secs. 239.14 and 274.11a-1 of 
    this chapter) is effective;
        (ii) Bringing the financial statements up to date under section 
    10(a)(3) of the Act [15 U.S.C. 77j(a)(3)] or rule 3-18 of Regulation S-
    X [17 CFR 210.3-18];
        (iii) Designating a new effective date for a previously filed post-
    effective amendment or registration statement for additional shares 
    under paragraph (a) of this section, which has not yet become 
    effective, Provided, that the new effective date shall be no earlier 
    than the effective date designated in the previously filed amendment or 
    registration statement under paragraph (a) of this section and no later 
    than thirty days after that date;
        (iv) Disclosing or updating the information required by Item 9c of 
    Form N-2 [17 CFR 239.14 and 274.11a-1];
        (v) Making any non-material changes which the registrant deems 
    appropriate; and
        (vi) Any other purpose which the Commission shall approve.
        (2) The registrant represents that the amendment is filed solely 
    for one or more of the purposes specified in paragraph (b)(1) of this 
    section and that no material event requiring disclosure in the 
    prospectus, other than one listed in paragraph (b)(1) or one for which 
    the Commission has approved a filing under paragraph (b)(1)(vi) of this 
    section, has occurred since the latest of the following three dates:
        (i) the effective date of the registrant's registration statement;
        (ii) the effective date of its most recent post-effective amendment 
    to its registration statement which included a prospectus; or
        (iii) the filing date of a post-effective amendment or registration 
    statement filed under paragraph (a) of this section which has not 
    become effective; and
        (3) The amendment or registration statement recites on the facing 
    sheet thereof that the registrant proposes that the amendment or 
    registration statement will become effective under paragraph (b) of 
    this section.
        (4) The representations of the registrant referred to in paragraph 
    (b)(2) of this section shall be made by certification on the signature 
    page of the post-effective amendment or registration statement that the 
    amendment or registration statement meets all of the requirements for 
    effectiveness under paragraph (b) of this section. If counsel prepared 
    or reviewed the post-effective amendment or registration statement 
    filed under paragraph (b) of this section, counsel shall furnish to the 
    Commission at the time the amendment or registration statement is filed 
    a written representation that the amendment or registration statement 
    does not contain disclosure which would render it ineligible to become 
    effective under paragraph (b) of this section.
        (c) Incomplete or Inaccurate Amendments; Suspension of Use of 
    Paragraph (b) of this section. (1) No amendment or registration 
    statement shall become effective under paragraph (a) of this section 
    if, prior to the effective date of the amendment or registration 
    statement, it should appear to the Commission that the amendment or 
    registration statement may be incomplete or inaccurate in any material 
    respect, and the Commission furnishes to the registrant written notice 
    that the effective date of the amendment or registration statement is 
    to be suspended. Following such action by the Commission, the 
    registrant may file with the Commission at any time a petition for 
    review of the suspension. The Commission will order a hearing on the 
    matter if a request for such a hearing is included in the petition. If 
    the Commission has suspended the effective date of an amendment or 
    registration statement, the amendment or registration statement shall 
    become effective on such date as the Commission may determine, having 
    due regard to the public interest and the protection of investors.
        (2) The Commission may, in the manner and under the circumstances 
    set forth in this paragraph (c)(2), suspend the ability of a registrant 
    to file a post-effective amendment or registration statement under 
    paragraph (b) of this section. The notice of such suspension shall be 
    in writing and shall specify the period for which such suspension shall 
    remain in effect. The Commission may issue a suspension if it appears 
    to the Commission that a registrant which files a post-effective 
    amendment under paragraph (b) of this section has not complied with the 
    conditions of that paragraph. Any suspension under this paragraph shall 
    become effective at such time as the Commission furnishes written 
    notice thereof to the company. Any such suspension, so long as it is in 
    effect, shall apply to any post-effective amendment or registration 
    statement that has been filed but has not, at the time of such 
    suspension, become effective, and to any post-effective amendment or 
    registration statement that may be filed after the suspension. Any 
    suspension shall apply only to the ability to file a post-effective 
    amendment or registration statement under paragraph (b) of this section 
    and shall not otherwise affect any post-effective amendment or 
    registration statement. Following this action by the Commission, the 
    registrant may file with the Commission at any time a petition for 
    review of the suspension. The Commission will order a hearing on the 
    matter if a request for a hearing is included in the petition.
        (d) Subsequent Amendments. (1) Except as provided in paragraph 
    (d)(2) of this section, a post-effective amendment or registration 
    statement which includes a prospectus shall not become effective under 
    paragraph (a) of this section if a subsequent post-effective amendment 
    or registration statement relating to the prospectus is filed before 
    such amendment or registration statement becomes effective.
        (2) A post-effective amendment or registration statement which 
    includes a prospectus shall become effective under paragraph (a) of 
    this section notwithstanding the filing of a subsequent post-effective 
    amendment or registration statement relating to the prospectus, 
    Provided, that the following conditions are met:
        (i) the subsequent amendment or registration statement is filed 
    under paragraph (b) of this section; and
        (ii) the subsequent amendment or registration statement designates 
    as its effective date either:
        (A) the date on which the prior post-effective amendment or 
    registration statement was to become effective under paragraph (a) of 
    this section or
        (B) a new effective date designated under paragraph (b)(1)(iii) of 
    this section.
    
    In this case the prior post-effective amendment or registration 
    statement filed under paragraph (a) of this section and any prior post-
    effective amendment or registration statement filed under paragraph (b) 
    of this section shall also become effective on the new effective date 
    designated under paragraph (b)(1)(iii) of this section.
        (3) Notwithstanding paragraphs (d)(1) and (d)(2) of this section, 
    if another post-effective amendment or registration statement relating 
    to the same prospectus is filed under paragraph (a) of this section 
    before the prior amendments or registration statements filed under 
    paragraphs (a) and (b) of this section have become effective, none of 
    such prior amendments or registration statements shall become effective 
    under this section.
        (e) Condition to Use of Paragraphs (a) or (b). A post-effective 
    amendment or new registration statement shall not become effective 
    under paragraphs (a) or (b) of this section unless within two years 
    prior to the filing thereof a post-effective amendment or registration 
    statement relating to the common stock of the registrant has become 
    effective.
        (f) Electronic Filers. (1) When ascertaining the date of filing, 
    electronic filers should not presume a registration statement has been 
    accepted until notice of acceptance has been received from the 
    Commission.
        (2) Attention is directed to the requirements of the relevant 
    registration statement form and Sec. 230.483 concerning certain items 
    of financial information (the Financial Data Schedule) that may be 
    required.
    
        Note: To determine the date of automatic effectiveness, the day 
    following the filing date is the first day of the time period. For 
    example, a post-effective amendment filed under paragraph (a) of this 
    section on November 1 would become effective on December 31.
    
        8. By revising paragraph (c) of Sec. 230.487 to read as follows:
    
    
    Sec. 230.487   Effectiveness of registration statements filed by 
    certain unit investment trusts.
    
    * * * * *
        (c)(1) The Commission may, in the manner and under the 
    circumstances set forth in paragraph (c)(2) of this section, suspend 
    the ability of a unit investment trust to designate the date and time 
    of effectiveness of a series of such trust. Any such suspension, so 
    long as it is in effect, shall apply to any registration statement that 
    has been filed but has not, at the time of such suspension, become 
    effective, and to any registration statement with respect to any series 
    of such trust that may be filed after such suspension. Any suspension 
    shall apply only to the ability to designate the date and time of 
    effectiveness pursuant to paragraph (a) of this section and shall not 
    otherwise affect any registration statement.
        (2) Any suspension pursuant to paragraph (c)(1) of this section 
    shall become effective at such time as the Commission furnishes written 
    notice thereof to the company or the sponsor of the unit investment 
    trust. The notice of such suspension shall be in writing and shall 
    specify the period for which such suspension shall remain in effect. 
    The Commission may issue such suspension if it appears to the 
    Commission that any registration statement containing a designation 
    pursuant to this section is incomplete or inaccurate in any material 
    respect, whether or not such registration statement has become 
    effective, or that the registrant has not complied with the conditions 
    of this section. Following such action by the Commission, the 
    registrant may file with the Commission at any time a petition for 
    review of the suspension. The Commission will order a hearing on the 
    matter if a request for a hearing is included in the petition.
    * * * * *
    
    PART 270--RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940
    
        9. The authority citation for Part 270 continues to read in part as 
    follows:
    
        Authority: 15 U.S.C. 80a-1 et seq., 80a-37, 80a-39 unless 
    otherwise noted.
    * * * * *
        10. By amending the undesignated paragraph following paragraph 
    (b)(13)(iii)(F)(4)(ii)(B) of Sec. 270.6e-3(T) by revising the reference 
    ``Rule 486 [17 CFR 230.486] to read ``Rule 485 [17 CFR 230.485]''.
    
    PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933
    
    PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940
    
        11. The Authority citation for Part 239 continues to read in part 
    as follows:
    
        Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77sss, 78c, 78l, 
    78m, 78n, 78o(d), 78w(a), 78ll(d), 79e, 79f, 79g, 79j, 79l, 79m, 
    79n, 79q, 79t, 80a-8, 80a-29, 80a-30 and 80a-37, unless otherwise 
    noted.
    * * * * *
        12. The authority citation for Part 274 is revised to read as 
    follows:
    
        Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m, 
    78n, 78o(d), 80a-8, 80a-24, and 80a-29, unless otherwise noted.
    
        Note: Forms N-1A, N-2, N-3, N-4 and S-6 do not and the 
    amendments will not appear in the Code of Federal Regulations.
    
        13. In Form S-6 (referenced in Sec. 239.16) the reference to ``rule 
    (485 or 486)'' on the facing sheet is revised to read ``rule 485,'' the 
    references to ``paragraph (a)'' are revised to read ``paragraph 
    (a)(i)'' (two places), and the reference to ``rule (485(b) or 486(b))'' 
    in the Signature block is revised to read ``rule 485(b)'', the period 
    is removed following ``(485 or 486)'' on the facing sheet and the 
    following is added on the facing after section D.: ``If appropriate, 
    check the following box:
    
    {time}  this post-effective amendment designates a new effective date 
    for a previously filed post-effective amendment.''
    
        14. Form N-1A (referenced in Secs. 239.15A and 274.11A) is amended 
    by revising the facing sheet before the heading ``Calculation of 
    Registration Fee under the Securities Act of 1933'' to read as follows:
    
    FORM N-1A
    
    * * * * *
        It is proposed that this filing will become effective (check 
    appropriate box):
        {time}  immediately upon filing pursuant to paragraph (b)
        {time}  on (date) pursuant to paragraph (b)
        {time}  60 days after filing pursuant to paragraph (a)(i)
        {time}  on (date) pursuant to paragraph (a)(i)
        {time}  75 days after filing pursuant to paragraph (a)(ii)
        {time}  on (date) pursuant to paragraph (a)(ii) of rule 485.
        If appropriate, check the following box:
        {time}  this post-effective amendment designates a new effective 
    date for a previously filed post-effective amendment.
    * * * * *
        15. Form N-2 (referenced in Secs. 239.14 and 274.11a-1) is amended 
    by revising the facing sheet before the heading ``Calculation of 
    Registration Fee under the Securities Act of 1933'' and by adding 
    Instruction E.4 to the General Instructions to read as follows:
    
    FORM N-2
    
    * * * * *
        It is proposed that this filing will become effective (check 
    appropriate box):
        {time}  when declared effective pursuant to section 8(c)
        The following boxes should only be included and completed if the 
    registrant is a registered closed-end management investment company or 
    business development company which makes periodic repurchase offers 
    under Rule 23c-3 under the Investment Company Act and is making this 
    filing in accordance with Rule 486 under the Securities Act:
        {time}  immediately upon filing pursuant to paragraph (b)
        {time}  on (date) pursuant to paragraph (b)
        {time}  60 days after filing pursuant to paragraph (a)
        {time}  on (date) pursuant to paragraph (a)
        If appropriate, check the following box:
        {time}  this [post-effective] amendment designates a new effective 
    date for a previously filed [post-effective amendment][registration 
    statement].
    * * * * *
    
    General Instructions
    
    * * * * *
    E. Amendments
    * * * * *
        4. A post-effective amendment to a registration statement on this 
    Form, or a registration statement filed for the purpose of registering 
    additional shares of common stock for which a registration statement 
    filed on this Form is effective, filed on behalf of a Registrant which 
    makes periodic repurchase offers pursuant to Rule 23c-3 under the 
    Investment Company Act [17 CFR 270.23c-3] may become effective 
    automatically in accordance with Rule 486 under the Securities Act [17 
    CFR 230.486]. In accordance with Rule 429 under the Securities Act [17 
    CFR 230.429], a Registrant filing a new registration statement for the 
    purpose of registering additional shares of common stock may use a 
    prospectus with respect to the additional shares also in connection 
    with the shares covered by earlier registration statements if such 
    prospectus includes all of the information which would currently be 
    required in a prospectus relating to the securities covered by the 
    earlier statements. The filing fee required by the Act and Rule 457 
    under the Securities Act [17 CFR 230.457] shall be paid with respect to 
    the additional shares only.
        16. In Form N-3 (referenced in Secs. 239.17a and 274.11b) all 
    references to ``Rule 486'' are revised to read ``Rule 485'' on the 
    facing sheet (four places), General Instruction H.5. (one place) and 
    the Signature block (one place) and the reference ``[17 CFR 230.486]'' 
    is revised to read ``[17 CFR 230.485]'' in General Instruction H.5. 
    (one place) and by revising the facing sheet before the heading 
    ``Calculation of Registration Fee under the Securities Act of 1933'' to 
    read as follows:
    
    FORM N-3
    
    * * * * *
        It is proposed that this filing will become effective (check 
    appropriate box):
        {time}  immediately upon filing pursuant to paragraph (b)
        {time}  on (date) pursuant to paragraph (b)
        {time}  60 days after filing pursuant to paragraph (a)(i)
        {time}  on (date) pursuant to paragraph (a)(i)
        {time}  75 days after filing pursuant to paragraph (a)(ii)
        {time}  on (date) pursuant to paragraph (a)(ii) of rule 485.
        If appropriate, check the following box:
        {time}  this post-effective amendment designates a new effective 
    date for a previously filed post-effective amendment.
    * * * * *
        17. In Form N-4 (referenced in Secs. 239.17b and 274.11c) all 
    references to ``Rule 486'' are revised to read ``Rule 485'' on the 
    facing sheet (four places), General Instruction H.5. (one place) and 
    the Signature block (one place) and the reference ``[17 CFR 230.486]'' 
    is revised to read ``[17 CFR 230.485]'' in General Instruction H.5. 
    (one place) and by revising the facing sheet before the heading 
    ``Calculation of Registration Fee under the Securities Act of 1933'' to 
    read as follows:
    
    FORM N-4
    
    * * * * *
        It is proposed that this filing will become effective (check 
    appropriate box):
        {time}  immediately upon filing pursuant to paragraph (b)
        {time}  on (date) pursuant to paragraph (b)
        {time}  60 days after filing pursuant to paragraph (a)(i)
        {time}  on (date) pursuant to paragraph (a)(i)
        {time}  75 days after filing pursuant to paragraph (a)(ii)
        {time}  on (date) pursuant to paragraph (a)(ii) of rule 485.
        If appropriate, check the following box:
        {time}  this post-effective amendment designates a new effective 
    date for a previously filed post-effective amendment.
    * * * * *
    
        By the Commission.
        Dated: August 17, 1994.
    Margaret H. McFarland,
    Deputy Secretary.
    [FR Doc. 94-20624 Filed 8-23-94; 8:45 am]
    BILLING CODE 8010-01-P
    
    
    

Document Information

Effective Date:
10/11/1994
Published:
08/24/1994
Department:
Securities and Exchange Commission
Entry Type:
Uncategorized Document
Action:
Final rule and form amendments; rescission of rule.
Document Number:
94-20624
Dates:
The amendments will become effective on October 11, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 24, 1994, Release Nos. 33-7083, IC-20486, File No. S7-26-93
RINs:
3235-AF96
CFR: (7)
17 CFR 230.485(a)
17 CFR 230.485(b)
17 CFR 230.485
17 CFR 230.486
17 CFR 230.487
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