[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14698-14699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07128]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-5219]


Notice of Intention To Cancel Registration Pursuant to Section 
203(h) of the Investment Advisers Act of 1940

April 5, 2019.
    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 NeoCap, LLC [File No. 801-110419], 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 indicated on its most recent Form ADV filing that it 
is a large advisory firm that has regulatory assets under management of 
$100 million or more.\1\ The Commission believes, based on the facts it 
has, that the registrant did not at the time of the Form ADV filing, 
and does not currently, maintain the required assets under management 
to remain registered with the Commission, nor does it appear eligible 
to register pursuant to any other provision of the Advisers Act. In 
addition, the registrant has not filed an annual updating amendment for 
fiscal years 2017 and 2018, and appears to be no longer in business as 
an investment adviser.
---------------------------------------------------------------------------

    \1\ Section 203A of the Act generally prohibits an investment 
adviser from registering with the Commission unless it meets certain 
requirements. See Advisers Act section 203A(a); 17 CFR 275.203A-2.
---------------------------------------------------------------------------

    Accordingly, the Commission believes that reasonable grounds exist 
for a finding that this registrant is no longer in existence, are not 
engaged in business as an investment adviser, or is prohibited from 
registering as an investment adviser under section 203A, and that its 
registration should be cancelled pursuant to section 203(h) of the Act.

[[Page 14699]]

    Any interested person may, by May 1 2019, 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 interest, the reason 
for such request, and the issues, if any, of fact or law proposed to be 
controverted, and the writer may request to be notified if the 
Commission should order a hearing thereon. Any such communication 
should be addressed to the SEC's Secretary at the address below.
    At any time after May 1 2019 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: Secretary, U.S. Securities and Exchange 
Commission, 100 F Street NE, Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Olawale Oriola, Senior Counsel, at 
202-551-6541; SEC, Division of Investment Management, Office of 
Investment Adviser Regulation, 100 F Street NE, Washington, DC 20549-
8549.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.\2\
---------------------------------------------------------------------------

    \2\ 17 CFR 200.30-5(e)(2).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07128 Filed 4-10-19; 8:45 am]
BILLING CODE 8011-01-P