[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Notices]
[Pages 17093-17094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8144]



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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 20972; 813-136]


EIP Inc.; Second Notice of Application

March 29, 1995.
AGENCY: Securities and Exchange Commission (the ``SEC'').

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

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APPLICANT: EIP Inc.

RELEVANT ACT SECTIONS: Applicant seeks a conditional order under 
sections 6(b) and 6(e) granting an exemption from all the provisions of 
the Act, and the rules thereunder, except section 9, certain provisions 
of section 17 and the related rules thereunder, and sections 36 through 
53, and the rules thereunder.

SUMMARY OF APPLICATION: Applicant seeks a conditional order that would 
exempt employees' securities companies formed by applicant from the 
above-listed sections of the Act and rules thereunder. On March 2, 
1995, a notice of the application was issued (the ``Previous 
Notice'').\1\ Subsequent to the issuance of the Previous Notice, 
applicant filed an amendment to change a term of the application. 
Applicant had stated (and the Previous Notice indicated) that the 
general partner of each employees' securities company would be 
registered under the Investment Advisers Act of 1940 (the ``Advisers 
Act''). Applicant has amended the application so that it now provides 
that the general partner will register under the Advisers Act if 
required under applicable law.

    \1\Investment Company Act Release No. 20937 (Mar. 2, 1995).

FILING DATES: The application was filed on September 1, 1994, and 
amended on November 1, 1994, January 13, 1995, February 15, 1995, and 
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March 23, 1995.

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 April 24, 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 who wish to be 
notified of a hearing may request notification by writing to the SEC's 
Secretary.

ADDRESSES: Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549. 
Applicant, South Tower, World Financial Center, 225 Liberty Street, New 
York, New York 10080-6123.

FOR FURTHER INFORMATION CONTACT:
James J. Dwyer, Staff Attorney, at (202) 942-0581, or C. David Messman, 
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. On March 2, 1995, the Previous Notice was issued with respect to 
applicant's request for an order under sections 6(b) and 6(e) of the 
Act that would exempt employees' securities companies formed by 
applicant from all the provisions of the Act, and the rules thereunder, 
except section 9, certain provisions of section 17 and the related 
rules thereunder, and sections 36 through 53, and the rules thereunder. 
After the issuance of the Previous Notice, applicant filed an amendment 
to change a term of the application. Applicant had stated (and the 
Previous Notice indicated) that the general partner of each employees' 
securities company would be registered under the 
[[Page 17094]] Investment Advisers Act of 1940 (the ``Advisers Act'').
    2. Applicant has amended the application to provide that the 
general partner will register under the Advisers Act if required under 
applicable law. The amendment also states that the determination as to 
whether the general partner is required to register under the Advisers 
Act shall be made by the general partner and/or its affiliates, and 
that the application does not request relief as to that determination.
    3. In all other respects, the amendment filed on March 23, 1995, is 
identical to the application as described in the Previous Notice. 
Accordingly, the Previous Notice sets forth the representations, legal 
analysis, and conditions of the application, save for the change 
discussed here.

    For the SEC, by the Division of Investment Management, under 
delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 95-8144 Filed 4-3-95; 8:45 am]
BILLING CODE 8010-01-M