Notice2023-05527

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
March 20, 2023

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 88 Issue 53 (Monday, March 20, 2023)</title>
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[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Page 16704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05527]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34853; 812-15440]


The RBB Fund, Inc., et al.

March 14, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

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 described in the Reference Order (as defined 
below)) 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 (November 14, 2019) (notice) 
and 33710 (December 10, 2019) (order).

Applicants: The RBB Fund, Inc., The RBB Fund Trust, Quasar Distributors 
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LLC, and F/m Investments LLC, DBA North Slope Capital LLC.

Filing Dates: The application was filed on February 28, 2023.

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 SEC's Secretary at <a href="/cdn-cgi/l/email-protection#f1a2949283948590838882dcbe9797989294b1829492df969e87"><span class="__cf_email__" data-cfemail="a7f4c2c4d5c2d3c6d5ded48ae8c1c1cec4c2e7d4c2c489c0c8d1">[email&#160;protected]</span></a> and serving the 
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 April 10, 
2023, and should be accompanied by proof of service on the 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#683b0d0b1a0d1c091a111b45270e0e010b0d281b0d0b460f071e"><span class="__cf_email__" data-cfemail="a3f0c6c0d1c6d7c2d1dad08eecc5c5cac0c6e3d0c6c08dc4ccd5">[email&#160;protected]</span></a>. Applicants: 
Steven Plump, <a href="/cdn-cgi/l/email-protection#1a696a766f776a5a6878787c6f747e34797577"><span class="__cf_email__" data-cfemail="592a29352c3429192b3b3b3f2c373d773a3634">[email&#160;protected]</span></a>, Michael W. Mundt, 
<a href="/cdn-cgi/l/email-protection#0964647c676d7d497a7d7b686d656c70276a6664"><span class="__cf_email__" data-cfemail="e58888908b8191a5969197848189809ccb868a88">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special 
Counsel, at (202) 551-6825 (Division of Investment Management, Chief 
Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal 
analysis, and conditions, please refer to Applicants' application, 
dated February 28, 2023, 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. 2023-05527 Filed 3-17-23; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on March 20, 2023.

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