[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83179-83180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26118]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35055; 812-15514]


IndexIQ Active ETF Trust and IndexIQ Advisors LLC

November 21, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment 
Company Act of 1940 (``Act'') for an exemption from section 15(a) of 
the Act, as well as from certain disclosure requirements in rule 20a-1 
under the Act, Item 19(a)(3) of Form N-1A, Items 22(c)(1)(ii), 
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A under the 
Securities Exchange Act of 1934, and sections 6-07(2)(a), (b), and (c) 
of Regulation S-X (``Disclosure Requirements'').

 Summary of Application: The requested exemption would permit 
Applicants to enter into and materially amend subadvisory agreements 
with subadvisers without shareholder approval and would grant relief 
from the Disclosure Requirements as they relate to fees paid to the 
subadvisers.

 Applicants: IndexIQ Active ETF Trust and IndexIQ Advisors LLC.

 Filing Dates: The application was filed on October 12, 2023.

 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 on any application by emailing 
the SEC's Secretary at <a href="/cdn-cgi/l/email-protection#1546707667706174676c66385a73737c7670556670763b727a63"><span class="__cf_email__" data-cfemail="95c6f0f6e7f0e1f4e7ece6b8daf3f3fcf6f0d5e6f0f6bbf2fae3">[email protected]</span></a> and serving the 
Applicants with a copy of the request by email, if an email address is 
listed for the relevant Applicant below, or personally or by mail, if a 
physical address is listed for the relevant Applicant below. Hearing 
requests should be received by the Commission by 5:30 p.m. on December 
18, 2023, 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

[[Page 83180]]

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.

ADDRESSES: The Commission: <a href="/cdn-cgi/l/email-protection#4417212736213025363d37690b22222d2721043721276a232b32"><span class="__cf_email__" data-cfemail="d182b4b2a3b4a5b0a3a8a2fc9eb7b7b8b2b491a2b4b2ffb6bea7">[email protected]</span></a>. Applicants: 
Matthew V. Curtin, Esq., IndexIQ Advisors, <a href="/cdn-cgi/l/email-protection#f9949a8c8b8d9097b990979d9c819088d79a9694"><span class="__cf_email__" data-cfemail="670a041215130e09270e0903021f0e164904080a">[email protected]</span></a> and 
Barry I. Pershkow, Chapman and Cutler LLP, <a href="/cdn-cgi/l/email-protection#90e0f5e2e3f8fbffe7d0f3f8f1e0fdf1febef3fffd"><span class="__cf_email__" data-cfemail="87f7e2f5f4efece8f0c7e4efe6f7eae6e9a9e4e8ea">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special 
Counsel, at (202) 551-6825 (Division of Investment Management, Chief 
Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal 
analysis, and conditions, please refer to Applicants' application, 
dated October 12, 2023, which may be obtained via the Commission's 
website by searching for the file number at the top of this document, 
or for an Applicant using the Company name search field on the SEC's 
EDGAR system. The SEC's EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also 
call the SEC's Public Reference Room at (202) 551-8090.

    For the Commission, by the Division of Investment Management, 
under delegated authority.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-26118 Filed 11-27-23; 8:45 am]
BILLING CODE 8011-01-P


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