Notice2023-11821
Notice of Intention To Cancel Registration Pursuant to Section 203(H) of the Investment Advisers Act of 1940
Primary source
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Published
June 5, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Page 36621]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11821]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. IA-6317]
Notice of Intention To Cancel Registration Pursuant to Section
203(H) of the Investment Advisers Act of 1940
May 30, 2023.
Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order, pursuant to Section 203(h)
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the
registration of The Swarthmore Group, Inc., File No. 801-58069,
hereinafter referred to as the ``registrant.''
Section 203(h) provides, in pertinent part, that if the Commission
finds that any person registered under Section 203, or who has pending
an application for registration filed under that section, is no longer
in existence, is not engaged in business as an investment adviser, or
is prohibited from registering as an investment adviser under section
203A, the Commission shall by order, cancel the registration of such
person.
The registrant appears to be no longer in business as an investment
adviser and has not filed its most recent Form ADV amendment with the
Commission as required by rule 204-1 under the Act.\1\ Accordingly, the
Commission believes that reasonable grounds exist for a finding that
this registrant is no longer eligible to be registered with the
Commission as an investment adviser and that the registration should be
cancelled pursuant to section 203(h) of the Act.
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\1\ Rule 204-1 under the Act requires any adviser that is
required to complete Form ADV to amend the form at least annually
and to submit the amendments electronically through the Investment
Adviser Registration Depository.
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Notice is also given that any interested person may, by June 26,
2023, at 5:30 p.m., submit to the Commission in writing a request for a
hearing on the cancellation, accompanied by a statement as to the
nature of his or her interest, the reason for such request, and the
issues, if any, of fact or law proposed to be controverted, and he or
she may request that he or she be notified if the Commission should
order a hearing thereon. Any such communication should be emailed to
the Commission's Secretary at <a href="/cdn-cgi/l/email-protection#f7a4929485928396858e84dab891919e9492b7849294d9909881"><span class="__cf_email__" data-cfemail="7320161001160712010a005e3c15151a1016330016105d141c05">[email protected]</span></a>.
At any time after June 26, 2023, the Commission may issue an order
cancelling the registration, upon the basis of the information stated
above, unless an order for a hearing on the cancellation shall be
issued upon request or upon the Commission's own motion. Persons who
requested a hearing, or who requested to be advised as to whether a
hearing is ordered, will receive any notices and orders issued in this
matter, including the date of the hearing (if ordered) and any
postponements thereof. Any adviser whose registration is cancelled
under delegated authority may appeal that decision directly to the
Commission in accordance with rules 430 and 431 of the Commission's
rules of practice (17 CFR 201.430 and 431).
ADDRESSES: The Commission: <a href="/cdn-cgi/l/email-protection#cf9caaacbdaabbaebdb6bce280a9a9a6acaa8fbcaaace1a8a0b9"><span class="__cf_email__" data-cfemail="8bd8eee8f9eeffeaf9f2f8a6c4edede2e8eecbf8eee8a5ece4fd">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Juliet Han, Senior Counsel at 202-551-
6999; SEC, Division of Investment Management, Office of Chief Counsel,
100 F Street NE, Washington, DC 20549-8549.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.\2\
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\2\ 17 CFR 200.30-5(e)(2).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-11821 Filed 6-2-23; 8:45 am]
BILLING CODE 8011-01-P
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