18660 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

This notice is issued in Washington, DC,

on April 11, 1997.

Stanley D. Suyat,

Associate Director for Management.

[FR Doc. 97–9856 Filed 4–15–97; 8:45 am]

BILLING CODE 6051–01–M

SECURITIES AND EXCHANGE

COMMISSION

Proposed Collection; Comment

Request

Upon Written Request, Copies Available

From: Securities and Exchange

Commission, Office of Filings and

Information Services, Washington, DC

20549

Extension:

Rule 20a–1, SEC File No. 270–132,

OMB Control No. 3235–0158

Rule 489 and Form F–N, SEC File No.

270–361, OMB Control No. 3235–

0411

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

(‘‘Commission’’) is soliciting comments

on the collection of information

summarized below. The Commission

plans to submit this existing collection

of information to the Office of

Management and Budget for extension

and approval.

Rule 20a–1 requires that the

solicitation of a proxy, consent or

authorization with respect to a security

issued by a registered fund be in

compliance with Regulation 14A (17

CFR 240.14a–1), Schedule 14A (17 CFR

240.14a–101), and all other rules and

regulations adopted under section 14(a)

of the Securities Exchange Act of 1934

(15 U.S.C. 78n(a)). Rule 20a–1 also

requires a fund’s investment adviser, or

a prospective adviser, to transmit to the

person making a proxy solicitation the

information necessary to enable that

person to comply with the rules and

regulations applicable to the

solicitation.

Regulation 14A and Schedule 14A

establish the disclosure requirements

applicable to the solicitation of proxies,

consents and authorizations. In

particular, Item 22 of Schedule 14A

contains extensive disclosure

requirements for registered investment

company proxy statements. Among

other things, it requires the disclosure of

information about fund fee or expense

increases, the election of directors, the

approval of an investment advisory

contract and the approval of a

distribution plan.

The Commission requires the

dissemination of this information to

assist investors in understanding their

fund investments and the choices they

may be asked to make regarding fund

operations. The Commission does not

use the information in proxies directly,

but reviews proxy statement filings for

compliance with applicable rules.

It is estimated that approximately

1,000 registered investment companies

are required to file one proxy statement

annually. The total annual reporting and

recordkeeping burden of the collection

of information is estimated to be

approximately 96,200 hours (1,000

responses × 96.2 hours per response).

Rule 489 and Form F–N requires

certain entities that are excepted from

the definition of investment company

by virtue of rules 3a–1, 3a–5, and 3a–

6 under the Investment Company Act of

1940 to file Form F–N to appoint a

United States agent for services of

process when making a public offering

of securities in the United States.

It is estimated that approximately 21

entities are required by rule 489 to file

Form F–N. The total estimated annual

burden of complying with the filing

requirement is approximately 25 hours.

Written comments are invited on: (a)

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

(b) the accuracy of the agency’s estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology. Consideration will be given

to comments and suggestions submitted

in writing within 60 days of this

publication.

Please direct your written comments

to Michael E. Bartell, Associate

Executive Director, Office of

Information Technology, Securities and

Exchange Commission, 450 5th Street,

NW., Washington, DC 20549.

Dated: April 8, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–9716 Filed 4–15–97; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Investment Company Act Rel. No. 22613;

Investment Advisers Act Release No. 1628;

812–10388]

Equus II Incorporated, et al.; Notice of

Application

April 10, 1997.

AGENCY: Securities and Exchange

Commission (‘‘SEC’’).

ACTION: Notice of Application for

Exemption under the Investment

Company Act of 1940 (‘‘Investment

Company Act’’) and the Investment

Advisers Act of 1940 (‘‘Advisers Act’’).

APPLICANTS: Equus II Incorporated

(‘‘Fund’’), Equus Capital Corporation

(‘‘ECC’’), the Equus Capital Management

Corporation (‘‘ECMC’’).

RELEVANT INVESTMENT COMPANY ACT

SECTIONS: Order requested under section

6(c) granting an exemption from section

63.

RELEVANT ADVISERS ACT SECTIONS: Order

requested under section 206A granting

an exemption from section 205(a)(1).

SUMMARY OF APPLICATION: Applicants

request an order to permit the Fund to

pay and the adviser and subadviser to

the Fund to receive performance

compensation on the basis of

cumulative realized and unrealized

gains net of realized and unrealized

losses on securities in the Fund’s

portfolio.

FILING DATES: The application was filed

on October 10, 1996, and amended on

March 20, 1997, and April 1, 1997.

Applicants have agreed to file an

amendment during the notice period,

the substance of which is included in

this notice.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the SEC orders a hearing.

Interested persons may request a

hearing by writing to the SEC’s

Secretary and serving applicants with a

copy of the request, personally or by

mail. Hearing requests should be

received by the SEC by 5:30 p.m. on

May 5, 1997, and should be

accompanied by proof of service on

applicants, in the form of an affidavit or,

for lawyers, a certificate of service.

Hearing requests should state the nature

of the writer’s interest, the reason for the

request, and the issues contested.

Persons who wish to be notified of a

hearing may request such notification

by writing to the SEC’s Secretary.

ADDRESSES: Secretary, SEC, 450 Fifth

Street, N.W., Washington, D.C. 20549.

Applicants, 2929 Allen Parkway, Suite

2500, Houston, Texas 77019.