Federal Register - July 21, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
Procedures, to correct a formatting error that resulted in the omission of several proposed definitions to update references to ICE Clear Europe systems.
Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as modified by Partial Amendment No. 1, is consistent with the Act. Comments may be submitted by any of the following methods:
jbell on DSKJLSW7X2PROD with NOTICES
Electronic Comments Use the Commissions internet comment form http www.sec.gov/
rules/sro.shtml or Send an email to rule-comments@
sec.gov. Please include File Number SR
ICEEU2021010 on the subject line.
Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 205491090.
All submissions should refer to File Number SRICEEU2021010. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commissions internet website http www.sec.gov/
rules/sro.shtml. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change, as modified by Partial Amendment No. 1, that are filed with the Commission, and all written communications relating to the proposed rule change, as modified by Partial Amendment No. 1, between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commissions Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be available for inspection and copying at the principal office of ICE Clear Europe and on ICE
Clear Europes website at https
www.theice.com/clear-europe/
regulation. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SRICEEU
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2021010 and should be submitted on or before August 11, 2021.
III. Designation of Longer Period for Action on the Proposed Rule Change, as Modified by Partial Amendment No. 1
Section 19b2 of the Act 4 provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day from the publication of notice of filing of this proposed rule change is July 17, 2021.
The Commission is extending the 45day time period for Commission action on the proposed rule change, as modified by by Partial Amendment No.
1. The Commission finds it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider ICE Clear Europes proposed rule change, as modified by by Partial Amendment No. 1.
Accordingly, pursuant to Section 19b2 5 of the Act, and for the reasons discussed above, the Commission designates August 31, 2021, as the date by which the Commission should either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change, as modified by by Partial Amendment No. 1. File No. SRICEEU2021010.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202115443 Filed 72021; 8:45 am BILLING CODE 801101P
SECURITIES AND EXCHANGE
COMMISSION
SEC File No. 270237, OMB Control No.
32350226
Proposed Collection; Comment Request Extension:
Rule 10f3
PO 00000
U.S.C. 78sb2.
U.S.C. 78sb2.
6 17 CFR 200.303a31.
Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995
44 U.S.C. 35013520, the Securities and Exchange Commission Commission is soliciting comments on the collections of information discussed below. The Commission plans to submit these existing collections of information to the Office of Management and Budget OMB for extension and approval.
Section 10f of the Investment Company Act of 1940 15 U.S.C. 80a the Act prohibits a registered investment company fund from purchasing any security during an underwriting or selling syndicate if the fund has certain affiliated relationships with a principal underwriter for the security.1 Congress enacted this provision in 1940 to protect funds and their shareholders by preventing underwriters from dumping unmarketable securities on affiliated funds.
Rule 10f3 under the Act permits a fund to engage in a securities transaction that otherwise would violate Section 10f if, among other things: i The funds directors have approved procedures for purchases made in reliance on the rule, regularly review fund purchases to determine whether they comply with these procedures, and approve necessary changes to the procedures; and ii a written record of each transaction effected under the rule is maintained for six years, the first two of which in an easily accessible place.2
The written record must state: i From whom the securities were acquired; ii the identity of the underwriting syndicates members; iii the terms of the transactions; and iv the information or materials on which the funds board of directors has determined that the purchases were made in compliance with procedures established by the board.
Rule 10f3 also conditionally allows managed portions of fund portfolios to purchase securities offered in otherwise off-limits primary offerings. To qualify for this exemption, Rule 10f3 requires that the subadviser that is advising the purchaser be contractually prohibited from providing investment advice to any other portion of the funds portfolio and consulting with any other of the funds advisers that is a principal underwriter or affiliated person of a principal underwriter concerning the funds securities transactions.
These requirements provide a mechanism for fund boards to oversee compliance with the rule. The required
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U.S.C. 80a10f.
CFR 270.10f3.
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