Rule 486
 
Effective Date of Post-effective Amendments and
Registration Statements Filed by Certain Closed-end Management Investment
Companies
(a) Automatic Effectiveness. Except as otherwise provided in
this
section, a post-effective amendment to a registration statement, or a
registration statement filed for the purpose of registering additional
shares of common stock for which a registration statement filed on Form
N-2 (Sec. Sec. 239.14 and 274.11a-1 of this chapter) is effective,
filed by a registered closed-end management investment company or
business development company which makes periodic repurchase offers
under Sec. 270.23c-3 of this chapter, shall become effective on the
sixtieth day after the filing thereof, or a later date designated by the
registrant on the facing sheet of the amendment or registration
statement, which date shall not be later than eighty days after the date
on which the amendment or registration statement is filed, Provided,
that the Commission, having due regard to the public interest and the
protection of investors, may declare an amendment or registration
statement filed under this paragraph (a) effective on an earlier date. (b) Immediate Effectiveness. Except as otherwise provided in
this
section, a post-effective amendment to a registration statement, or a
registration statement for additional shares of common stock, filed by a
registered closed-end management investment company or business
development company which makes periodic repurchase offers under Sec.
270.23c-3 of this chapter, shall become effective on the date on which
it is filed with the Commission, or a later date designated by the
registrant on the facing sheet of the amendment or registration
statement, which date shall be not later than thirty days after the date
on which the amendment or registration statement is filed, except that a
post-effective amendment including a designation of a new effective date
under paragraph (b)(1)(iii) of this section shall become effective on the new effective date designated
therein, Provided, that the following conditions are met: (1) It is filed for no purpose other than one or more of the
following: (i) Registering additional shares of common stock for which a
registration statement filed on Form N-2 (Sec. Sec. 239.14 and 274.11a-1 of this chapter) is effective; (ii) Bringing the financial statements up to date under
section
10(a)(3) of the Act [15 U.S.C. 77j(a)(3)] or rule 3-18 of Regulation S-X
[17 CFR 210.3-18]; (iii) Designating a new effective date for a previously filed
post-effective amendment or registration statement for additional shares
under paragraph (a) of this section, which has not yet become effective,
Provided, that the new effective date shall be no earlier than the
effective date designated in the previously filed amendment or
registration statement under paragraph (a) of this section and no later
than thirty days after that date; (iv) Disclosing or updating the information required by Item
9c of
Form N-2 [17 CFR 239.14 and 274.11a-1]; (v) Making any non-material changes which the registrant
deems
appropriate; and (vi) Any other purpose which the Commission shall approve. (2) The registrant represents that the amendment is filed
solely for
one or more of the purposes specified in paragraph (b)(1) of this
section and that no material event requiring disclosure in the
prospectus, other than one listed in paragraph (b)(1) or one for which
the Commission has approved a filing under paragraph (b)(1)(vi) of this
section, has occurred since the latest of the following three dates: (i) the effective date of the registrant's registration
statement; (ii) the effective date of its most recent post-effective
amendment
to its registration statement which included a prospectus; or (iii) the filing date of a post-effective amendment or
registration
statement filed under paragraph (a) of this section which has not become
effective; and (3) The amendment or registration statement recites on the
facing
sheet thereof that the registrant proposes that the amendment or
registration statement will become effective under paragraph (b) of this
section. (4) The representations of the registrant referred to in
paragraph (b)(2) of this section shall be made by certification on the signature
page of the post-effective amendment or registration statement that the
amendment or registration statement meets all of the requirements for
effectiveness under paragraph (b) of this section. If counsel prepared
or reviewed the post-effective amendment or registration statement filed
under paragraph (b) of this section, counsel shall furnish to the
Commission at the time the amendment or registration statement is filed
a written representation that the amendment or registration statement
does not contain disclosure which would render it ineligible to become
effective under paragraph (b) of this section. (c) Incomplete or Inaccurate Amendments; Suspension of Use of
Paragraph (b) of this section.
(1) No amendment or registration
statement shall become effective under paragraph (a) of this section if,
prior to the effective date of the amendment or registration statement,
it should appear to the Commission that the amendment or registration
statement may be incomplete or inaccurate in any material respect, and
the Commission furnishes to the registrant written notice that the
effective date of the amendment or registration statement is to be
suspended. Following such action by the Commission, the registrant may
file with the Commission at any time a petition for review of the
suspension. The Commission will order a hearing on the matter if a
request for such a hearing is included in the petition. If the
Commission has suspended the effective date of an amendment or
registration statement, the amendment or registration statement shall
become effective on such date as the Commission may determine, having
due regard to the public interest and the protection of investors. (2) The Commission may, in the manner and under the
circumstances
set forth in this paragraph (c)(2), suspend the ability of a registrant
to file a post-effective amendment or registration statement under paragraph (b) of this section. The notice of such suspension shall be in writing and
shall specify the period for which such suspension shall remain in
effect. The Commission may issue a suspension if it appears to the
Commission that a registrant which files a post-effective amendment
under paragraph (b) of this section has not complied with the conditions
of that paragraph. Any suspension under this paragraph shall become
effective at such time as the Commission furnishes written notice
thereof to the company. Any such suspension, so long as it is in effect,
shall apply to any post-effective amendment or registration statement
that has been filed but has not, at the time of such suspension, become
effective, and to any post-effective amendment or registration statement
that may be filed after the suspension. Any suspension shall apply only
to the ability to file a post-effective amendment or registration
statement under paragraph (b) of this section and shall not otherwise
affect any post-effective amendment or registration statement. Following
this action by the Commission, the registrant may file with the
Commission at any time a petition for review of the suspension. The
Commission will order a hearing on the matter if a request for a hearing
is included in the petition. (d) Subsequent Amendments.
(1) Except as provided in
paragraph
(d)(2) of this section, a post-effective amendment or registration
statement which includes a prospectus shall not become effective under
paragraph (a) of this section if a subsequent post-effective amendment
or registration statement relating to the prospectus is filed before
such amendment or registration statement becomes effective. (2) A post-effective amendment or registration statement
which
includes a prospectus shall become effective under paragraph (a) of this
section notwithstanding the filing of a subsequent post-effective
amendment or registration statement relating to the prospectus,
Provided, that the following conditions are met: (i) The subsequent amendment or registration statement is
filed
under paragraph (b) of this section; and (ii) The subsequent amendment or registration statement
designates
as its effective date either: (A) The date on which the prior post-effective amendment or
registration statement was to become effective under paragraph (a) of
this section or (B) A new effective date designated under paragraph (b)(1)(iii) of
this section.In this case the prior post-effective amendment or registration
statement filed under paragraph (a) of this section and any prior post-effective amendment or registration statement filed under paragraph (b)
of this section shall also become effective on the new effective date
designated under paragraph (b)(1)(iii) of this section. (3) Notwithstanding paragraphs (d)(1) and (d)(2) of this
section, if
another post-effective amendment or registration statement relating to
the same prospectus is filed under paragraph (a) of this section before
the prior amendments or registration statements filed under paragraphs (a) and (b) of this section have become effective, none of such prior
amendments or registration statements shall become effective under this
section. (e) Condition to Use of Paragraphs (a) or (b). A
post-effective
amendment or new registration statement shall not become effective under paragraphs (a) or (b) of this section unless within two years prior to
the filing thereof a post-effective amendment or registration statement
relating to the common stock of the registrant has become effective. (f) Electronic Filers. When ascertaining the date of filing,
electronic filers should not presume a registration statement has been
accepted until notice of acceptance has been received from the
Commission. Note: To determine the date of automatic effectiveness, the
day
following the filing date is the first day of the time period. For
example, a post-effective amendment filed under paragraph (a) of this
section on November 1 would become effective on December 31.
Regulatory History | |
59 FR 43466, Aug. 24, 1994, as amended at 64 FR 27894, May 21, 1999 |
|