[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Page 20894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07518]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34554; File No. 812-15294]


IndexIQ Active ETF Trust and IndexIQ Advisors LLC

AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment 
Company Act of 1940 (the ``Act'') for an exemption from sections 
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the 
Act and under sections 6(c) and 17(b) of the Act for an exemption from 
sections 17(a)(1) and 17(a)(2) of the Act.
    Summary of Application: Applicants request an order (``Order'') 
that permits: (a) The Funds (as defined below) to issue shares 
(``Shares'') redeemable in large aggregations only (``creation 
units''); (b) secondary market transactions in Shares to occur at 
negotiated market prices rather than at net asset value; (c) certain 
Funds to pay redemption proceeds, under certain circumstances, more 
than seven days after the tender of Shares for redemption; and (d) 
certain affiliated persons of a Fund to deposit securities into, and 
receive securities from, the Fund in connection with the purchase and 
redemption of creation units. The relief in the Order would incorporate 
by reference terms and conditions of the same relief of a previous 
order granting the same relief sought by applicants, as that order may 
be amended from time to time (``Reference Order'').\1\
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    \1\ Natixis ETF Trust II, et al., Investment Company Act Rel. 
Nos. 33684 (November 14, 2019) (notice) and 33711 (December 10, 
2019) (order).
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    Applicants: IndexIQ Active ETF Trust and IndexIQ Advisors LLC.
    Filing Dates: The application was filed on December 29, 2021, and 
amended on March 14, 2022.
    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 Commission's Secretary at <a href="/cdn-cgi/l/email-protection#93c0f6f0e1f6e7f2e1eae0bedcf5f5faf0f6d3e0f6f0bdf4fce5"><span class="__cf_email__" data-cfemail="80d3e5e3f2e5f4e1f2f9f3adcfe6e6e9e3e5c0f3e5e3aee7eff6">[email protected]</span></a> and serving 
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 April 28, 
2022, and should be accompanied by proof of service on 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.

ADDRESSES: The Commission: <a href="/cdn-cgi/l/email-protection#d182b4b2a3b4a5b0a3a8a2fc9eb7b7b8b2b491a2b4b2ffb6bea7"><span class="__cf_email__" data-cfemail="3665535544534257444f451b7950505f55537645535518515940">[email protected]</span></a>. Applicants: 
Matthew Curtin, IndexIQ Advisors LLC, <a href="/cdn-cgi/l/email-protection#771a140205031e19371e1913120f1e065914181a"><span class="__cf_email__" data-cfemail="7e131d0b0c0a17103e17101a1b06170f501d1113">[email protected]</span></a>; Barry 
Pershkow, ESQ, Chapman & Cutler, <a href="/cdn-cgi/l/email-protection#56263324253e3d392116353e37263b37387835393b"><span class="__cf_email__" data-cfemail="18687d6a6b7073776f587b707968757976367b7775">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, or 
Kaitlin C. Bottock, Branch Chief, at (202) 551-6825 (Chief Counsel's 
Office, Division of Investment Management).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal 
analysis, and conditions, please refer to Applicants' amended and 
restated application, dated March 14, 2022, 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.

    Dated: April 4, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07518 Filed 4-7-22; 8:45 am]
BILLING CODE 8011-01-P


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