Rule 487
 
Effectiveness of Registration Statements Filed by Certain
Unit Investment Trusts
(a)(1) A unit investment trust registered under the
Investment
Company Act of 1940 that files a registration statement pursuant to the
Act in connection with the offering of the securities of a series of the
unit investment trust, except the first series of such trust, may
designate a date and time for such registration statement to become
effective. If the registrant complies with the conditions set forth in
paragraph (b) of this section, the registration statement shall become
effective in accordance with such designation. (2) The registrant may designate the date and time of
effectiveness
in the registration statement or in any pre-effective amendment thereto.
A pre-effective amendment to a registration statement with respect to
which such a designation is properly made shall be deemed to have been
filed with the consent of the Commission and shall accordingly be
treated as part of the registration statement. (b) Availability of effectiveness of a registration statement
in
accordance with paragraph (a) of this section is conditioned upon
compliance with the following: (1) The registrant is not engaged in the business of
investing in
securities issued by one or more open-end management investment
companies; (2) The designation provided for in paragraph (a) of this
section is
set forth on the facing sheet of such registration statement or a pre-effective amendment thereto; (3) The registrant identifies one or more previous series of
the
trust for which the effective date of the registration statement was
determined by the Commission or its staff, and makes the following
representations: (i) That the portfolio securities deposited in the series
with
respect to which the registration statement or pre-effective amendment
is being filed do not differ materially in type or quality from those
deposited in such previous series identified by the registrant; and (ii) That, except to the extent necessary to identify the
specific
portfolio securities deposited in, and to provide essential financial
information for, the series with respect to which the registration
statement or pre-effective amendment thereto is being filed, the
registration statement or pre-effective amendment thereto does not
contain disclosures that differ in any material respect from those
contained in the registration statement of such previous series
identified by the registrant; (4) The registrant represents that it has complied with rule 460
under the Act (17 CFR 230.460); (5) The identification and representations provided for in
paragraphs (b)(3) and (b)(4) of this section are made on the signature
page of the registration statement or a pre-effective amendment thereto;
and (6) If counsel prepared or reviewed such registration
statement or a
pre-effective amendment thereto, such counsel shall furnish to the
Commission at the time the registration statement or pre-effective
amendment thereto is filed a written representation that such
registration statement or pre-effective amendment does not contain
disclosures which would render such registration statement ineligible to
become effective pursuant to paragraph (a) of this section. (c)(1) The Commission may, in the manner and under the
circumstances
set forth in paragraph (c)(2) of this section, suspend the ability of a
unit investment trust to designate the date and time of effectiveness of
a series of such trust. Any such suspension, so long as it is in effect,
shall apply to any registration statement that has been filed but has
not, at the time of such suspension, become effective, and to any
registration statement with respect to any series of such trust that may
be filed after such suspension. Any suspension shall apply only to the
ability to designate the date and time of effectiveness pursuant to paragraph (a) of this section and shall not otherwise affect any
registration statement. (2) Any suspension pursuant to paragraph (c)(1) of this
section
shall become effective at such time as the Commission furnishes written
notice thereof to the company or the sponsor of the unit investment trust. 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 such suspension if it appears
to the Commission that any registration statement containing a
designation pursuant to this section is incomplete or inaccurate in any
material respect, whether or not such registration statement has become
effective, or that the registrant has not complied with the conditions
of this section. 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 a hearing is included in the petition. (d) 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.
Regulatory History |
47 FR 20294, May 12, 1982, as amended at 58 FR 14858, Mar. 18, 1993
59 FR 43467, Aug. 24, 1994
64 FR 27894, May 21, 1999 |
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