Notice2023-03777
The RBB Fund, Inc., et al.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11498-11499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03777]
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SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 34836; File No. 812-15356]
The RBB Fund, Inc., et al.
February 17, 2023.
AGENCY: Securities and Exchange Commission (``Commission'').
ACTION: Notice.
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Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the
Act and under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and 17(a)(2) of the Act.
Summary of Application: Applicants request an order (``Order'') that
permits: (a) The Funds (as defined in the Applicants' application) to
issue shares (``Shares'') redeemable in large aggregations only
(``creation units''); (b) secondary market transactions in Shares to
occur at negotiated market prices rather than at net asset value; (c)
certain Funds to pay redemption proceeds, under certain circumstances,
more than seven days after the tender of Shares for redemption; and (d)
certain affiliated persons of a Fund to deposit securities into, and
receive securities from, the Fund in connection with the purchase and
redemption of creation units. The relief in the Order would incorporate
by reference terms and conditions of the same relief of a previous
order granting the same relief sought by applicants, as that order may
be amended from time to time (``Reference Order'').\1\
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\1\ Blue Tractor ETF Trust and Blue Tractor Group, LLC,
Investment Company Act Rel. Nos. 33682 (Nov. 14, 2019) (notice) and
33710 (Dec. 10, 2019) (order).
Applicants: The RBB Fund, Inc.; Summit Global Investments, LLC; and
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Quasar Distributors, LLC.
Filing Dates: The application was filed on June 22, 2022, and amended
on September 26, 2022, November 1, 2022, and November 29, 2022.
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 on any application by emailing
the Commission's Secretary at <a href="/cdn-cgi/l/email-protection#5506303627302134272c26781a33333c3630152630367b323a23"><span class="__cf_email__" data-cfemail="c695a3a5b4a3b2a7b4bfb5eb89a0a0afa5a386b5a3a5e8a1a9b0">[email protected]</span></a> and serving
applicants with a copy of the request by email, if an email address is
listed for the relevant applicant below, or personally or by mail, if a
physical address is listed for the relevant applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on March 14,
2023, and should be accompanied by proof of service on applicants, in
the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.
ADDRESSES: The Commission: <a href="/cdn-cgi/l/email-protection#1e4d7b7d6c7b6a7f6c676d33517878777d7b5e6d7b7d30797168"><span class="__cf_email__" data-cfemail="9ac9fff9e8ffeefbe8e3e9b7d5fcfcf3f9ffdae9fff9b4fdf5ec">[email protected]</span></a>. Applicants:
Steven Plump, The RBB Fund, Inc., <a href="/cdn-cgi/l/email-protection#5a292a362f372a1a2838383c2f343e74393537"><span class="__cf_email__" data-cfemail="681b18041d0518281a0a0a0e1d060c460b0705">[email protected]</span></a>; Jillian L.
Bosmann, Esq., Faegre Drinker Biddle & Reath LLP,
<a href="/cdn-cgi/l/email-protection#f19b989d9d98909fdf939e829c909f9fb19790949683949583989f9a9483df929e9c"><span class="__cf_email__" data-cfemail="5933303535303837773b362a34383737193f383c3e2b3c3d2b3037323c2b773a3634">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Stephan N. Packs, Senior Counsel, or
Terri G. Jordan, Branch Chief, at (202) 551-6825 (Chief Counsel's
Office, Division of Investment Management).
SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
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analysis, and conditions, please refer to Applicants' third amended and
restated application, dated November 29, 2022, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field, on the SEC's EDGAR system. The SEC's EDGAR system may be
searched at <a href="https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html">https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html</a>. You may also call the SEC's Public Reference Room
at (202) 551-8090.
For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03777 Filed 2-22-23; 8:45 am]
BILLING CODE 8011-01-P
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