Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6183 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Applicant’s Address: One Post Office 

Sq., Boston, MA 02109. 

Realty Funds, Inc. 

[File No. 811–22052] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On July 31, 2008, 

applicant made a liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of $18,200 

incurred in connection with the 

liquidation were paid by XShares 

Advisors LLC, applicant’s investment 

adviser. 

Filing Date: The application was filed 

on December 10, 2008. 

Applicant’s Address: 420 Lexington 

Ave., Suite 2550, New York, NY 10170. 

Metropolitan Series Fund II 

[File No. 811–21420] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On June 20, 2008, 

applicant made a liquidating 

distribution of its shareholders, based 

on net asset value. Applicant’s 

investment adviser, MetLife Advisers, 

LLC, has agreed to pay the expenses 

incurred in connection with the 

liquidation. 

Filing Date: The application was filed 

on December 10, 2008. 

Applicant’s Address: 501 Boylston 

St., Boston, MA 02116. 

BlackRock Senior Income Trust 

[File No. 811–9239] 

BlackRock New Jersey Strategic 

Municipal Trust 

[File No. 811–9415] 

BlackRock Floating Rate and Inflation 

Protected Securities Trust 

[File No. 811–21602] 

BlackRock Global Plus Investment 

Trust 

[File No. 811–21646] 

Summary: Each applicant, a closedend investment company, seeks an 

order declaring that it has ceased to be 

an investment company. Applicants 

have never made a public offering of 

their securities and do not propose to 

make a public offering or engage in 

business of any kind. 

Filing Date: The applications were 

filed on January 7, 2009. 

Applicants’ Address: 100 Bellevue 

Parkway, Wilmington, DE 19809. 

Dividend Capital Global Real Estate 

Fund of Funds, L.P. 

[File No. 811–22074] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On December 30, 

2008, applicant made a liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of 

approximately $7,500 incurred in 

connection with the liquidation were 

paid by Black Creek FOF Advisor LLC, 

applicant’s investment adviser. 

Filing Date: The application was filed 

on December 31, 2008. 

Applicant’s Address: 518 17th St., 

17th Floor, Denver, CO 80202. 

Bear Stearns Active ETF Trust 

[File No. 811–22038] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. On December 4, 

2008, applicant made a final liquidating 

distribution to its shareholders, based 

on net asset value. Expenses of $85,000 

incurred in connection with the 

liquidation were paid by Bear Stearns 

Asset Management, Inc., applicant’s 

investment adviser. Applicant also may 

incur a tax liability of $2,000, which 

Bear Stearns Asset Management, Inc. 

has agreed to pay. 

Filing Date: The application was filed 

on December 23, 2008. 

Applicant’s Address: 237 Park Ave., 

New York, NY 10017. 

The American Heritage Fund, Inc. 

[File No. 811–601] 

American Heritage Growth Fund, Inc. 

[File No. 811–8386] 

Summary: Each applicant seeks an 

order declaring that it has ceased to be 

an investment company. On December 

4, 2008, each applicant made a final 

liquidating distribution to its 

shareholders, based on net asset value. 

Expenses of $24,081 and $11,124, 

respectively, incurred in connection 

with the liquidations were paid by each 

applicant. 

Filing Dates: The applications were 

filed on September 11, 2008, and 

amended on January 16, 2009. 

Applicants’ Address: 370 Lexington 

Ave., 27th Floor, New York, NY 10017. 

Eaton Vance Tax-Managed 

International Diversified Equity Income 

Fund 

[File No. 811–22028] 

Eaton Vance Credit Opportunities Fund 

II 

[File No. 811–22109] 

Summary: Each applicant, a closedend investment company, seeks an 

order declaring that it has ceased to be 

an investment company. Applicants 

have never made a public offering of 

their securities and do not propose to 

make a public offering or engage in 

business of any kind. 

Filing Date: The applications were 

filed on November 19, 2008. 

Applicants’ Address: The Eaton 

Vance Building, 255 State St., Boston, 

MA 02109. 

Separate Account VL A/IA 

[File No. 811–09046] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. Applicant 

requests deregistration based on 

abandonment of registration. Applicant 

is not now engaged, or intending to 

engage, in any business activities other 

than those necessary for winding up its 

affairs. 

Filing Dates: The application was 

filed on November 20, 2008, and 

amended on January 16, 2009. 

Applicant’s Address: 4333 Edgewood 

Road NE, Cedar Rapids, IA 52499–0001. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–2430 Filed 2–4–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59323; File No. SR–BX– 

2009–002] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Adopt a 

Policy Relating to Its Treatment of 

Trade Reports That It Determines To 

Be Inconsistent With the Prevailing 

Market 

January 30, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on January 

14, 2009, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. The Exchange has 

designated this proposal as eligible for 

immediate effectiveness pursuant to 

Exchange Act Rule 19b–4(f)(6). The 

Commission is publishing this notice 

and order to solicit comments on the 


rwilkins on PROD1PC63 with NOTICES
6184 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

3See Securities Exchange Act Release No. 58736 

(October 6, 2008), 73 FR 60380 (October 10, 2008) 

(SR–NYSE–2008–91). See Securities Exchange Act 

Release No. 59151 (December 23, 2008), 74 FR 158 

(January 2, 2009) (SR–NASDAQ–2008–100). The 

Exchange notes that these proposed policies 

relating to the Exchange’s treatment of trade reports 

that it determines to be inconsistent with the 

prevailing market are substantially similar to the 

NYSE’s and Nasdaq’s proposed policies. 

4The CTA recommends that data recipients 

should exclude the price of any trade to which the 

Aberrant Report Indicator has been appended from 

any calculation of the high, low and last sale prices 

for the security. 

proposed rule change from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to adopt a 

policy relating to its treatment of trade 

reports that it determines to be 

inconsistent with the prevailing market 

and for this policy to be in effect 

concurrent with the launch of cash 

equities trading by NASDAQ OMX BX, 

Inc. The Exchange does not expect that 

the proposed rule change will have any 

direct effect, or significant indirect 

effect, on any other Exchange rule in 

effect at the time of this filing. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change. The text of 

these statements may be examined at 

the places specified in Item III below, 

and is set forth in Sections A, B, and C 

below. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Trades in listed securities 

occasionally occur at prices that deviate 

from prevailing market prices and those 

trades sometimes establish a high, low 

or last sale price for a security that does 

not reflect the true market for the 

security. This filing, which is 

substantially similar to the New York 

Stock Exchange’s (‘‘NYSE’’) and The 

NASDAQ Stock Market LLC’s 

(‘‘Nasdaq’’) recent filings, seek to 

address such instances of ‘‘aberrant’’ 

trades.3

The Exchange proposes that its policy 

in this regard shall be to contact the 

listing exchange (if the Exchange is not 

the listing exchange) and other markets 

(in the case of executions that take place 

across multiple markets) to determine if 

any erroneous trade reports were filed. 

If not, or in the case of non-unlisted 

trading privilege trades, if the Exchange 

determines the trade price is 

inconsistent with the prevailing market 

for the security after considering the 

factors outlined herein, the Exchange 

may make the determination to append 

an indicator (an ‘‘Aberrant Report 

Indicator’’) to the trade. 

The Exchange will not initially list 

stocks on its own market, but will trade 

on an unlisted trading privilege (‘‘UTP’’) 

basis securities listed on other markets. 

Nasdaq operates the securities 

information processor (‘‘SIP’’), which 

processes trade and quote information 

for the Nasdaq UTP Plan (‘‘Nasdaq 

SIP’’). The Securities Industry 

Automation Corporation (‘‘SIAC’’) 

serves as the securities information 

processor for the CTA Plan and 

processes trade and quote information. 

The Nasdaq SIP and the Consolidated 

Tape Association (‘‘CTA’’) offer each 

participant in the Nasdaq SIP and CTA 

Plan the discretion to append to the 

Aberrant Report Indicator to a trade 

report to indicate that the market 

believes that the trade price in a trade 

executed on that market does not 

accurately reflect the prevailing market 

for the security.4

During the course of surveillance by 

the Exchange or as a result of 

notification by another market, listed 

company or market participant, the 

Exchange may become aware of trade 

prices that do not accurately reflect the 

prevailing market for a security. In such 

a case, the Exchange proposes to adopt 

as policies that it: 

i. May determine to append an 

Aberrant Report Indicator to any trade 

report with respect to any trade 

executed on the Exchange that the 

Exchange determines to be inconsistent 

with the prevailing market; and 

ii. Shall discourage vendors and other 

data recipients from using prices to 

which the Exchange has appended the 

Aberrant Report Indicator in any 

calculation of the high, low or last sale 

price of a security. 

The Exchange will urge vendors to 

disclose the exclusion from high, low or 

last sale price data of any trades with an 

Aberrant Report Indicator and exclude 

them from high, low or last sale price 

information they disseminate and to 

provide to data users an explanation of 

the parameters used in the Exchange’s 

aberrant trade policy. 

While SIAC, on behalf of the CTA 

Plan, and the Nasdaq SIP, on behalf of 

the Nasdaq UTP Plan, disseminate their 

own calculations of high, low and last 

sale prices, vendors and other data 

recipients—and not the Exchange— 

frequently determine their own 

methodology by which they wish to 

calculate high, low and last sale prices. 

Therefore, the Exchange shall endeavor 

to explain to those vendors and other 

data recipients the deleterious effects 

that can result from including in the 

calculations a trade to which the 

Aberrant Report Indicator has been 

appended. 

In making the determination to 

append the Aberrant Report Indicator, 

the Exchange shall consider all factors 

related to a trade, including, but not 

limited to, the following: 

• Material news released for the 

security; 

• Suspicious trading activity; 

• System malfunctions or 

disruptions; 

• Locked or crossed markets; 

• A recent trading halt or resumption 

of trading in the security; 

• Whether the security is in its initial 

public offering; 

• Volume and volatility for the 

security; 

• Whether the trade price represents 

a 52-week high or low for the security; 

• Whether the trade price deviates 

significantly from recent trading 

patterns in the security; 

• Whether the trade price reflects a 

stock-split, reorganization or other 

corporate action; 

• The validity of consolidated tape 

trades and quotes in comparison to 

national best bids and offers; and 

• The general volatility of market 

conditions. 

In determining whether trade prices 

are inconsistent with the prevailing 

market, the Exchange proposes that its 

policy shall be to follow the following 

general guidelines: The Exchange will 

review whether a trade price does not 

reflect the prevailing market for a 

security if the trade occurs during 

regular trading hours (i.e., 9:30 a.m. to 

4 p.m.) and occurs at a price that 

deviates from the ‘‘Reference Price’’ by 

an amount that meets or exceeds the 

following thresholds: 

Trade price 

Numerical 

threshold 

(percent) 

Between $0 and $15.00 ........... 7 

Between $15.01 and $50.00 .... 5 

In excess of $50.00 .................. 3 

The ‘‘Reference Price’’ refers to (a) if 

the primary market for the security is 

open at the time of the trade, the 

national best bid or offer for the 

security, or (b) if the primary market for 

the security is not open at the time of 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6185 

5 15 U.S.C. 78f(b). 

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6). 

9 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule 

19b–4(f)(6)(iii) requires a self-regulatory 

organization to give the Commission written notice 

of its intent to file the proposed rule change at least 

five business days prior to the date of filing of the 

proposed rule change, or such shorter time as 

designated by the Commission. The Exchange has 

satisfied this requirement. 

10 Id. 

11See Securities Exchange Act Release No. 58736 

(October 6, 2008), 73 FR 60380 (October 10, 2008) 

(SR–NYSE–2008–91). See also Securities Exchange 

Act Release No. 59151 (December 23, 2008), 74 FR 

158 (January 2, 2009) (SR–NASDAQ–2008–100). 

12For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

impact of the proposed rule on efficiency, 

competition, and capital formation. 15 U.S.C. 78c(f). 

the trade, the first executable quote or 

print for the security on the primary 

market after execution of the trade in 

question. However, if the circumstances 

suggest that a different Reference Price 

would be more appropriate, the 

Exchange will use the different 

Reference Price. For instance, if the 

national best bid and offer for the 

security are so wide apart as to fail to 

reflect the market for the security, the 

Exchange might use as the Reference 

Price a trade price or best bid or offer 

that was available prior to the trade in 

question. 

If the Exchange determines that a 

trade price does not reflect the 

prevailing market for a security and the 

trade represented the last sale of the 

security on the Exchange during a 

trading session, the Exchange may also 

determine to remove that trade’s 

designation as the last sale and the 

preceding last sale eligible trade would 

become the new last sale. The Exchange 

may do so either on the day of the trade 

or at a later date, so as to provide 

reasonable time for the Exchange to 

conduct due diligence regarding the 

trade, including the consideration of 

input from markets and other market 

participants. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with Section 6(b) 

of the Act,5 in general, and Section 

6(b)(5) of the Act,6 in particular, in that 

it is designed to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in regulating, clearing, 

settling, processing information with 

respect to, and facilitating transactions 

in securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

In particular, the Aberrant Report 

Indicator is consistent with the 

protection of investors and the public 

interest in that the Exchange will seek 

to ensure a proper understanding of the 

Aberrant Report Indicator among 

securities market participants by: (i) 

Urging vendors to disclose the exclusion 

from high, low or last sale price data of 

any aberrant trades excluded from high, 

low or last sale price information they 

disseminate and to provide to data users 

an explanation of the parameters used 

in the Exchange’s aberrant trade policy; 

(ii) if the Exchange determines to list 

securities in the future, informing the 

affected listed company each time the 

Exchange or another market appends 

the Aberrant Report Indicator to a trade 

in an Exchange-listed stock; and (iii) 

reminding the users of the information 

that these are still valid trades in that 

they were executed and not unwound as 

in the case of a clearly erroneous trade. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Pursuant to Section 19(b)(3)(A) of the 

Act 7 and Rule 19b–4(f)(6) thereunder,8

the Exchange has designated this 

proposal as one that effects a change 

that: (A) Does not significantly affect the 

protection of investors or the public 

interest; (B) does not impose any 

significant burden on competition; and 

(C) by its terms, does not become 

operative for 30 days after the date of 

the filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest. 

A proposed rule change filed under 

19b–4(f)(6) normally may not become 

operative for 30 days after the date of 

filing.9 However, Rule 19b–4(f)(6)(iii) 10

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. The Exchange has 

requested that the Commission waive 

the 30-day operative delay and 

designate the proposed rule change to 

become operative upon filing. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal is substantially 

similar to a proposal previously 

approved by the Commission.11 The 

Commission believes that the 

Exchange’s proposal to append an 

Aberrant Report Indicator to certain 

trade reports is a reasonable means to 

alert investors and others that the 

Exchange believes that the trade price 

for a trade executed in its market does 

not accurately reflect the prevailing 

market for the security. In addition, the 

Commission notes that the Exchange 

will use objective numerical thresholds 

in determining whether a trade report is 

eligible to have an Aberrant Trade 

Indicator appended to it. The 

Commission further notes that the 

Exchange’s appending the Aberrant 

Trade Indicator to a trade report has no 

effect on the validity of the underlying 

trade. Finally, waiving the 30-day 

operative delay will allow the Exchange 

to apply the proposed change to 

aberrant trades immediately.12 Based on 

the above, the Commission designates 

the proposal to become operative upon 

filing. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in the furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–BX–2009–002 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 


rwilkins on PROD1PC63 with NOTICES
6186 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

13 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4Changes are marked to the rule text that appears 

in the electronic manual of Nasdaq found at 

http://nasdaqomx.cchwallstreet.com. 

All submissions should refer to File 

Number SR–BX–2009–002. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (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 inspection and copying in 

the Commission’s Public Reference 

Room on official business days between 

the hours of 10 a.m. and 3 p.m. Copies 

of such filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–BX– 

2009–002 and should be submitted on 

or before February 26, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–2428 Filed 2–4–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59318; File No. SR– 

NASDAQ–2009–003] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change To Modify 

Nasdaq’s Listing Requirements 

Related to the Distribution of Annual 

Reports 

January 29, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on January 

15, 2009, The NASDAQ Stock Market 

LLC (‘‘Nasdaq’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by Nasdaq. Nasdaq has designated the 

proposed rule change as effecting a 

change described under Rule 19b–4(f)(6) 

under the Act,3 which renders the 

proposal effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

Nasdaq proposes to modify Rules 

4350(b)(1)(A) and 4360(b)(1), which 

relate to the distribution of a listed 

issuer’s annual report. 

The text of the proposed rule change 

is below. Proposed new language is 

italicized; proposed deletions are in 

brackets.4

4350. Qualitative Listing Requirements 

for Nasdaq Issuers Except for Limited 

Partnerships 

(a) No change. 

(b) Distribution of Annual and Interim 

Reports 

(1)(A) Each issuer shall make 

available to shareholders of such 

securities an annual report containing 

audited financial statements of the 

company and its subsidiaries, which, for 

example, may be on Form 10–K, 20–F, 

40–F or N–CSR. An issuer may comply 

with this requirement either: 

(i) By mailing the report to 

shareholders[,]; or 

(ii) By satisfying the requirements for 

furnishing an annual report contained 

in Exchange Act Rule 14a–16; or 

(iii) by posting the annual report to 

shareholders on or through the 

company’s Web site (or, in the case of 

an issuer that is an investment company 

that does not maintain its own Web site, 

on a website that the issuer is allowed 

to use to satisfy the Web site posting 

requirement in Exchange Act Rule 16a– 

3(k)), along with a prominent 

undertaking in the English language to 

provide shareholders, upon request, a 

hard copy of the company’s annual 

report free of charge. An issuer that 

chooses to satisfy this requirement [via 

a Web site posting] pursuant to this 

paragraph (iii) must, simultaneous with 

this posting, issue a press release stating 

that its annual report has been filed 

with the Commission (or other 

appropriate regulatory authority). This 

press release must also state that the 

annual report is available on the 

company’s Web site and include the 

Web site address and that shareholders 

may receive a hard copy free of charge 

upon request. An issuer must provide 

such hard copies within a reasonable 

period of time following the request. 

(B) No change. 

(2)–(4) No change. 

(c)–(n) No change. 

* * * * * 

4360. Qualitative Listing Requirements 

for Nasdaq Issuers That Are Limited 

Partnerships 

(a) No change. 

(b) Distribution of Annual and Interim 

Reports 

(1) Each issuer that is a limited 

partnership shall distribute to limited 

partners copies of an annual report 

containing audited financial statements 

of the limited partnership. The report 

shall be distributed to limited partners 

within a reasonable period of time after 

the end of the limited partnership’s 

fiscal year end and shall be filed with 

Nasdaq at the time it is distributed to 

limited partners. A limited partnership 

may comply with this requirement 

either: 

(A) By mailing the report to the 

limited partners; or 

(B) By satisfying the requirements for 

furnishing an annual report contained 

in Exchange Act Rule 14a–16; or 

(C) By posting the annual report on or 

through the limited partnership’s Web 

site, along with a prominent 

undertaking in the English language to 

provide limited partners, upon request, 

a hard copy of the partnership’s annual 

report free of charge. A limited 

partnership that chooses to satisfy this 

requirement pursuant to this paragraph 

(C) must, simultaneous with this 

posting, issue a press release stating that 

its annual report has been filed with the 

Commission (or other appropriate 

regulatory authority). This press release 

must also state that the annual report is 

available on the limited partnership’s 

Web site and include the Web site 

address and that limited partners may 

receive a hard copy free of charge upon 

request. A limited partnership must 

provide such hard copies within a 

reasonable period of time following the 

request. 

(2) No change. 

(c)–(m) No change. 

* * * * * 


rwilkins on PROD1PC63 with NOTICES