[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32097]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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SECURITIES AND EXCHANGE COMMISSION
[Rel. No. IC-20793; 811-6701]

 

Capitol Growth Portfolio; Notice of Application

December 22, 1994.
AGENCY: Securities and Exchange Commission (``SEC'').

ACTION: Notice of Application for Deregistration under the Investment 
Company Act of 1940 (the ``Act'').

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APPLICANT: Capitol Growth Portfolio.

RELEVANT ACT SECTION: Section 8(f).

SUMMARY OF APPLICATION: Applicant requests an order declaring that it 
has ceased to be an investment company.

FILING DATE: The application was filed on December 5, 1994.

HEARING OR NOTIFICATION OF HEARING: An order granting the application 
will be issued unless the SEC orders a hearing. Interested persons may 
request a hearing by writing to the SEC's Secretary and serving 
applicant with a copy of the request, personally or by mail. Hearing 
requests should be received by the SEC by 5:30 p.m. on January 16, 1995 
and should be accompanied by proof of service on applicant, in the form 
of an affidavit or, for lawyers, a certificate of service. Hearing 
requests should state the nature of the writer's interest, the reason 
for the request, and the issues contested. Persons may request 
notification of a hearing by writing to the SEC's Secretary.

ADDRESSES: Secretary, SEC, 450 5th Street, N.W., Washington, D.C. 
20549. Applicant, 6 St. James Street, Boston, Massachusetts 02116.

FOR FURTHER INFORMATION CONTACT:
Deepak T. Pai, Staff Attorney, at (202) 942-0574, or Robert A. 
Robertson, Branch Chief, at (202) 942-0564 (Division of Investment 
Management, Office of Investment Company Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the 
application. The complete application may be obtained for a fee at the 
SEC's Public Reference Branch.

Applicant's Representations

    1. Applicant is an open-end management investment company organized 
as a New York common law trust. Applicant registered under the Act and 
filed a Form N-1A on June 15, 1992. Applicant has not filed a 
registration statement to register its shares under the Securities Act 
of 1933.
    2. At a meeting held on August 3, 1994, applicant's board of 
trustees approved an agreement and plan of reorganization (the 
``Agreement'') to terminate and deregister applicant. The Agreement was 
among BT Investment Funds (``BT Funds'') on behalf of Capital Growth 
Fund and Capital Appreciation Fund (each a series of BT Funds), Capital 
Appreciation Portfolio and applicant. On November 11, 1994, Capital 
Growth Fund, the sole interestholder of applicant, approved the 
Agreement and authorized the liquidation and termination of applicant.
    3. On November 11, 1994, pursuant to the Agreement, applicant 
transferred all of its assets and liabilities to Capital Growth Fund. 
Thereafter, Capital Appreciation Fund acquired the assets and 
liabilities of Capital Growth Fund in exchange for shares of Capital 
Appreciation Fund, and Capital Growth Fund distributed these shares to 
its shareholders. Concurrently therewith, Capital Appreciation Fund 
contributed the assets and liabilities of applicant to Capital 
Appreciation Portfolio in exchange for an interest in Capital 
Appreciation Portfolio.
    4. Expenses incurred in connection with the reorganization and the 
termination of applicant are estimated at $5,000 and Bankers Trust 
Company, applicant's adviser, has agreed to pay all such expenses. 
Additionally, deferred organizational expenses totalling $11,142 were 
paid by Bankers Trust Company on November 10, 1994. Applicant had no 
outstanding deferred organizational expenses upon liquidation.
    5. As of the date of this application, applicant had no assets, 
liabilities or shareholders. Applicant is not a party to any litigation 
or administrative proceeding.
    6. Applicant is neither engaged in, nor does it propose to engage 
in, any business activities other than those necessary for the winding-
up of its affairs.
    7. No action is required to terminate the common law trust under 
state law. Thus, applicant does not intend to file any certificate of 
dissolution or similar document.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-32097 Filed 12-28-94; 8:45 am]
BILLING CODE 8010-01-M