30 Day Notice

3235-0346 30 Day Notice.pdf

Rule 34b-1 (17 CFR 270.34b-1) under the Investment Company Act of 1940, Sales Literature Deemed to be Misleading.

30 Day Notice

OMB: 3235-0346

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26758

Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices

comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (http://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2021–030 and
should be submitted on or before June
7, 2021.

In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matter of the closed
meeting will consist of the following
topics:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations
and enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.

For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.42
J. Matthew DeLesDernier,
Assistant Secretary.

Dated: May 13, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021–10457 Filed 5–13–21; 4:15 pm]
BILLING CODE 8011–01–P

[FR Doc. 2021–10274 Filed 5–14–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION

SECURITIES AND EXCHANGE
COMMISSION

[SEC File No. 270–305, OMB Control No.
3235–0346]

Sunshine Act Meetings
TIME AND DATE:

2 p.m. on Thursday, May

20, 2021.
The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
PLACE:

42 17

CFR 200.30–3(a)(12).

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Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 34b–1

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.

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Rule 34b–1 under the Investment
Company Act (17 CFR 270.34b–1)
governs sales material that accompanies
or follows the delivery of a statutory
prospectus (‘‘sales literature’’). Rule
34b–1 deems to be materially
misleading any investment company
(‘‘fund’’) sales literature required to be
filed with the Securities and Exchange
Commission (‘‘Commission’’) by Section
24(b) of the Investment Company Act
(15 U.S.C. 80a–24(b)) that includes
performance data, unless the sales
literature also includes the appropriate
uniformly computed data and the
legend disclosure required in
investment company advertisements by
rule 482 under the Securities Act of
1933 (17 CFR 230.482). Requiring the
inclusion of such standardized
performance data in sales literature is
designed to prevent misleading
performance claims by funds and to
enable investors to make meaningful
comparisons among funds.
The Commission estimates that on
average approximately 351 respondents
file 7,362 1 responses that include the
information required by rule 34b–1 each
year. The burden resulting from the
collection of information requirements
of rule 34b–1 is estimated to be 6 hours
per response. The total hourly burden
for rule 34b–1 is approximately 46,278
hours per year in the aggregate.2
The collection of information under
rule 34b–1 is mandatory. The
information provided under rule 34b–1
is not kept confidential. An agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless it displays a
currently valid control number. The
public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o Cynthia Roscoe, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].
1 The estimated number of responses to rule 34b–
1 is composed of 7362 responses filed with FINRA
and 351 responses filed with the Commission in
2019.
2 7713 responses × 6 hours per response = 46,278
hours.

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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Notices
Dated: May 12, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.

Waves Fund, L.P.; Wilshire Private
Credit Annual Fund Series, L.P.;
Wilshire Private Equity Annual Fund
Series, L.P.; Wilshire Private Markets
Family Office Fund I, L.P.; Wilshire
Private Markets Family Office Fund II,
L.P.; Wilshire Private Markets Family
Office Fund III, L.P.; Wilshire Private
Markets Family Office Fund IV, L.P.;
Wilshire Private Markets Real Estate
Family Office Fund I, L.P. (together with
each such entity’s direct and indirect
wholly owned subsidiaries, collectively,
‘‘Existing Affiliated Funds’’).

[FR Doc. 2021–10319 Filed 5–14–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
34270; File No. 812–15119–01]

Delaware Wilshire Private Markets
Master Fund, et al.; Notice of
Application

The application was filed on
April 2, 2020, and amended on
November 13, 2020, March 30, 2021 and
May 6, 2021.

DATES:

May 12, 2021.

Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice.
AGENCY:

SUMMARY OF APPLICATION : Notice of an
application for an order under section
17(d) of the Investment Company Act of
1940 (the ‘‘Act’’) and rule 17d–1 under
the Act permitting certain joint
transactions otherwise prohibited by
section 17(d) of the Act and rule 17d–
1 under the Act. Applicants request an
order to permit certain closed-end
investment companies to co-invest in
portfolio companies with each other and
with affiliated investment funds and
accounts.
APPLICANTS : Delaware Wilshire Private
Markets Master Fund (‘‘Master Fund’’);
Delaware Wilshire Private Markets Fund
(‘‘Feeder Fund A’’); Delaware Wilshire
Private Markets Tender Fund (‘‘Feeder
Fund T’’); Delaware Management
Company, a series of Macquarie
Investment Management Business Trust
(‘‘Macquarie’’, on behalf of itself and its
successors 1); Wilshire Advisors LLC
(‘‘Wilshire’’, on behalf of itself and its
successors); BVK Europe Opportunities
Fund I, L.P.; BVK Europe Opportunities
Fund II, L.P.; BVK Europe Opportunities
Fund III, L.P.; Summit Hill Credit Fund,
L.P.; Summit Hill Real Assets Fund,
L.P.; Wilshire BVV Europe Venture
Fund, L.P. (Series I); Wilshire BVV
Europe, L.P. (Series I); Wilshire BVV
Europe, L.P. (Series II); Wilshire BVV
Europe, L.P. (Series III); Wilshire BVV
Europe, L.P. (Series IV); Wilshire BVV
Europe, L.P. (Series V); Wilshire BVV
U.S., L.P. (Series I); Wilshire BVV U.S.,
L.P. (Series II); Wilshire BVV U.S., L.P.
(Series III); Wilshire BVV U.S., L.P.
(Series IV); Wilshire BVV U.S., L.P.
(Series V); Wilshire BVV U.S., L.P.
(Series VI); Wilshire Global Private
Markets Fund IX, L.P.; Wilshire New
1 The term ‘‘successor’’ as applied to each Adviser
(as defined below), means an entity that results
from a reorganization into another jurisdiction or
change in the type of business organization.

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HEARING OR NOTIFICATION OF HEARING :
An order granting the requested relief
will be issued unless the Commission
orders a hearing. Interested persons may
request a hearing by emailing the
Commission’s Secretary at [email protected] and serving Applicants
with a copy of the request email.
Hearing requests should be received by
the Commission by 5:30 p.m. on June 7,
2021, and should be accompanied by
proof of service on the Applicants, in
the form of an affidavit, or, for lawyers,
a certificate of service. Pursuant to rule
0–5 under the Act, hearing requests
should state the nature of the writer’s
interest, any facts bearing upon the
desirability of a hearing on the matter,
the reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by emailing the
Commission’s Secretary.

The Commission:
[email protected]. Applicants:
Michael Beattie, SEI Investments,
[email protected], Nick Teunon,
Wilshire Advisors LLC, NTeunon@
Wilshire.com; David Connor, Delaware
Management Company, David.Connor@
Macquarie.com; and Sean Graber, Esq.,
Morgan, Lewis & Bockius LLP,
[email protected].

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Barbara T. Heussler, Senior Counsel, at
(202) 551–6990, or Trace W. Rakestraw,
Branch Chief, at (202) 551–6825 (Chief
Counsel’s Office, Division of Investment
Management).
The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
website by searching for the file
number, or for an applicant using the
Company name box, at http://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.

26759

Applicants’ Representations
1. Master Fund is a Delaware statutory
trust and is a non-diversified, closedend management investment company
registered under the Act. Master Fund’s
Objectives and Strategies 2 are to
provide efficient access to the private
markets with the goals of offering longterm capital appreciation and current
income. Master Fund has a board of
trustees, a majority of which is
comprised of members who are not
‘‘interested persons’’ within the
meaning of section 2(a)(19) of the Act
(the ‘‘Non-Interested Trustees’’). No
Non-Interested Trustee will have any
direct or indirect financial interest in
any Co-Investment Transaction (as
defined below) or any interest in any
portfolio company, other than indirectly
through share ownership (if any) in
Master Fund, Feeder Fund A, Feeder
Fund T or a Future Regulated Fund (as
defined below).
2. Each of Feeder Fund A and Feeder
Fund T is a Delaware statutory trust and
is a non-diversified, closed-end
management investment company
registered under the Act. Each of Feeder
Fund A’s and Feeder Fund T’s
Objectives and Strategies are to provide
efficient access to the private markets
with the goals of offering long-term
capital appreciation and current income
by investing substantially all of their
assets in the Master Fund. Each of
Feeder Fund A and Feeder Fund T has
a board of trustees, the majority of
which are Non-Interested Trustees. No
Non-Interested Trustee will have any
direct or indirect financial interest in
any Co-Investment Transaction or any
interest in any portfolio company, other
than indirectly through share ownership
(if any) in Feeder Fund A, Feeder Fund
T, Master Fund or a Future Regulated
Fund.
3. The Existing Affiliated Funds are
investment funds each of which would
be an investment company but for
section 3(c)(1) or 3(c)(7) of the Act. The
investment adviser to the Existing
Affiliated Funds is Wilshire.
4. Macquarie is a series of a Delaware
statutory trust and registered with the
Commission as an investment adviser
under the Investment Advisers Act of
1940 (‘‘Advisers Act’’). Macquarie
serves as the investment adviser to the

SUPPLEMENTARY INFORMATION:

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2 ‘‘Objectives and Strategies’’ means, with respect
to a Regulated Fund (as defined below), the
investment objectives and strategies of such
Regulated Fund, as described in such Regulated
Fund’s registration statement, other filings the
Regulated Fund has made with the Commission
under the Act, under the Securities Act of 1933, as
amended (‘‘1933 Act’’) or under the Securities
Exchange Act of 1934, as amended, or in the
Regulated Fund’s reports to shareholders.

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