Federal Register - March 2, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices The incorporating SRO has reasonable procedures in place to provide written notice to its members each time a change is proposed to the incorporated rules of another SRO.31
The Commission believes that the Exchange has satisfied each of these conditions. Further, the Commission also believes that granting the Exchange an exemption from the rule filing requirements under Section 19b of the Exchange Act will promote efficient use of the Commissions and the Exchanges resources by avoiding duplicative rule filings based on simultaneous changes to identical rule text sought by more than one SRO. The Commission therefore finds it appropriate in the public interest and consistent with the protection of investors to exempt the Exchange from the rule filing requirements under Section 19b of the Exchange Act with respect to the abovedescribed rules it incorporates by reference. This exemption is conditioned upon the Exchange promptly providing written notice to its applicants and members whenever Cboe changes a Cboe Incorporated Rule.
Accordingly, It is Ordered, pursuant to Section 36 of the Exchange Act,32 that the Exchange is exempt from the rule filing requirements of Section 19b of the Exchange Act solely with respect to changes to the rules identified in the Exemptive Request, provided that the Exchange promptly provides written notice to its applicants and members whenever Cboe proposes to change a Cboe Incorporated Rule.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.33
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202104220 Filed 3121; 8:45 am BILLING CODE 801101P
SECURITIES AND EXCHANGE
COMMISSION
Investment Advisers Act Release No. 5690/
80300247
Lewis Family Advisors, LLC
February 24, 2021.
Securities and Exchange Commission Commission.
ACTION: Notice.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Nasdaq BX Order, supra note 29.
U.S.C. 78mm.
33 17 CFR 200.303a76.
32 15
VerDate Sep<11>2014
17:11 Mar 01, 2021
Jkt 253001
Jean E. Minarick, Senior Counsel, at 202
5516811 or Kaitlin C. Bottock, Branch Chief, at 202 5516825 Division of Investment Management, Chief Counsels Office.
SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained via the Commissions website either at http www.sec.gov/
rules/iareleases.shtml or by calling 202
5518090.
FOR FURTHER INFORMATION CONTACT:
Applicants Representations
Notice of application for an exemptive order under section 202a11H of the Investment Advisers Act of 1940
Advisers Act.
31 See
Lewis Family Advisors, LLC
the Applicant.
RELEVANT ADVISERS ACT SECTIONS:
Exemption requested under section 202a11H of the Advisers Act from section 202a11 of the Advisers Act.
SUMMARY OF APPLICATION: The Applicant requests that the Commission issue an order declaring it to be a person not within the intent of Section 202a11 of the Advisers Act, which defines the term investment adviser.
FILING DATES: The application was filed on June 4, 2018, and amended on August 30, 2019, and December 8, 2020.
HEARING OR NOTIFICATION OF HEARING:
An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by emailing the Commissions Secretary at SecretarysOffice@sec.gov and serving the Applicant with a copy of the request by email. Hearing requests should be received by the Commission by 5:30
p.m. on March 22, 2021, and should be accompanied by proof of service on the Applicant, in the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to Rule 05 under the Advisers Act, hearing requests should state the nature of the writers interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested.
Persons may request notification of a hearing by emailing the Commissions Secretary at Secretarys-Office@sec.gov.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov. Applicant:
Lewis Family Advisors, LLC, c/o Clare F. Black, Esq., at clare.black@
lewismc.com.
APPLICANT:
1. The Applicant is a Nevada Family Trust Company and a multi-generational single-family office that provides or intends to provide services to the family and descendants of Ralph M. Lewis. The Applicant is wholly-owned by Family Clients and is exclusively controlled directly and indirectly by one or more Family Members and/or Family Entities
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in compliance with Rule 202a11G
1 the Family Office Rule. For purposes of the application, the term Lewis Family means the lineal descendants of Ralph M. Lewis, their spouses or spousal equivalents, and all other persons and entities that qualify as Family Clients as defined in paragraph d4 of the Family Office Rule. Unless otherwise indicated, capitalized terms herein have the same meaning as defined in the Family Office Rule.
2. The Applicant provides both advisory and non-advisory services collectively, Services to members of the Lewis Family. Any Service provided by the Applicant that relates to investment advice about securities or may otherwise be construed as advisory in nature is considered an Advisory Service.
3. The Applicant represents that: i Each of the persons served by the Applicant is a Family Client i.e., the Applicant has no investment advisory clients other than Family Clients as required by paragraph b1 of the Family Office Rule; ii the Applicant is owned and controlled in a manner that complies in all respects with paragraph b2 of the Family Office Rule; and iii the Applicant does not hold itself out to the public as an investment adviser as required by paragraph b3 of the Family Office Rule. At the time of the application, the Applicant represents that Family Members account for approximately 99% of the natural persons to whom the Applicant provides Advisory Services.
4. In addition to the Family Clients, the Applicant desires to provide Services including Advisory Services to a niece Niece of Ralph M. Lewis the Additional Family Client. The Additional Family Client does not have an ownership interest in the Applicant.
The Applicant represents that the assets beneficially owned by Family Members and/or Family Entities excluding the Additional Family Client would make up at least 100% of the assets for which the Applicant provides Advisory Services.
5. The Applicant represents that the Niece has been supported by Family Members and has been considered and treated as a close family member of the Lewis Family for purposes of intrafamilial affection for many years and has attended various family events.
The Applicant maintains that including the Additional Family Client in the family would be consistent with the existing familial relationship among the family members.
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