27208 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 

for the delivery of the notice required by 

section 27(e). 

Rule 27e–1(f) prescribes Form N–27E– 

1 (17 CFR 274.127e–1), which sets forth 

the language the issuing registered 

investment company or its depositor or 

underwriter must use ‘‘to inform 

certificate holders of their right to 

surrender their certificates pursuant to 

Section 27(d).’’ The instructions to the 

form require that a notice containing the 

language on the form be sent to 

certificate holders on the sender’s 

letterhead. The issuer is not required to 

file with the Commission a copy of the 

Form N–27E–1 notice. 

The Form N–27E–1 notice to 

certificate holders who have missed 

certain payments is intended to 

encourage certificate holders, in light of 

the potential for further missed 

payments, to weigh the anticipated costs 

and benefits associated with continuing 

to hold their certificates. The disclosure 

assists certificate holders in making 

careful and fully informed decisions 

about whether to continue investing in 

periodic payment plan certificates. 

Effective October 27, 2006, the 

Military Personnel Financial Services 

Protection Act banned the issuance or 

sale of new periodic payment plans. 

Accordingly, the staff estimates that 

there is no longer any information 

collection burden associated with rule 

27e–1 and Form N–27E–1. For 

administrative purposes, however, we 

are requesting approval for an 

information collection burden of one 

hour per year. This estimate of burden 

hours is not derived from a 

comprehensive or necessarily even 

representative study of the cost of the 

Commission’s rules and forms. 

Complying with the collection of 

information requirements of rule 27e–1 

is mandatory for issuers of periodic 

payment plans or their depositors or 

underwriters in the event holders of 

plan certificates miss certain payments 

within eighteen months after issuance. 

The information provided pursuant to 

rule 27e–1 will be provided to third 

parties and, therefore, will not be kept 

confidential. The Commission is seeking 

OMB approval, because 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. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: June 1, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–13260 Filed 6–5–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 23c–1; SEC File No. 270–253; OMB 

Control No. 3235–0260. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501-3520), 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. 

Rule 23c–1 (17 CFR 270.23c–1) under 

the Investment Company Act of 1940 

(15 U.S.C. 80a), among other things, 

permits a closed-end fund to repurchase 

its securities for cash if in addition to 

the other requirements set forth in the 

rule: (i) Payment of the purchase price 

is accompanied or preceded by a written 

confirmation of the purchase; (ii) the 

asset coverage per unit of the security to 

be purchased is disclosed to the seller 

or his agent; and (iii) if the security is 

a stock, the fund has, within the 

preceding six months, informed 

stockholders of its intention to purchase 

stock. Commission staff estimates that 

approximately 36 closed-end funds rely 

on Rule 23c–1 annually to undertake 

approximately 324 repurchases of their 

securities. Commission staff estimates 

that, on average, a fund spends 2.5 

hours to comply with the paperwork 

requirements listed above each time it 

undertakes a security repurchase under 

the rule. Commission staff thus 

estimates the total annual burden of the 

rule’s paperwork requirements is 810 

hours. 

In addition, the fund must file with 

the Commission a copy of any written 

solicitation to purchase securities given 

by or on behalf of the fund to 10 or more 

persons. The copy must be filed as an 

exhibit to Form N–CSR (17 CFR 249.331 

and 274.128). The burden associated 

with filing Form N–CSR is addressed in 

the submission related to that form. 

The estimate of average burden hours 

is made solely for the purposes of the 

Paperwork Reduction Act, and is not 

derived from a comprehensive or even 

a representative survey or study of the 

costs of Commission rules and forms. 

Complying with the collection of 

information requirements of the rule is 

mandatory. The filings that the rule 

requires to be made with the 

Commission are available to the public. 

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. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: June 1, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–13259 Filed 6–5–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 20a–1; SEC File No. 270–132; OMB 

Control No. 3235–0158. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520), the Securities 

and Exchange Commission (the 

‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 27209 

1WisdomTree Investments, Inc., et al., 

Investment Company Act Release Nos. 27324 (May 

18, 2006) (notice) and 27391 (June 12, 2006) (order), 

as amended by Investment Company Act Release 

Nos. 27976 (September 21, 2007) (notice) and 28015 

(October 17, 2007) (order) (together, the ‘‘Index 

Order’’). 

2WisdomTree Trust, et al., Investment Company 

Act Release Nos. 28147 (February 6, 2008) (notice) 

and 28174 (February 27, 2008) (order) (the ‘‘Active 

Order’’ and together with the Index Order, 

collectively ‘‘Prior Orders’’). The Prior Orders, 

among other things: (i) Permitted registered 

management investment companies and unit 

investment trusts that are not advised or sponsored 

by their investment adviser or an entity controlling, 

controlled by or under common control with their 

investment adviser, and not part of the same ‘‘group 

of investment companies’’ as defined in section 

12(d)(1)(G)(ii) of the Act as the Trust (‘‘Acquiring 

Funds’’), to acquire shares of the Funds (defined 

below) beyond the limits of section 12(d)(1)(A) of 

the Act; (ii) permitted each Fund and/or a broker 

to sell shares to an Acquiring Fund beyond the 

limits of section 12(d)(1)(B); and (iii) granted relief 

from sections 17(a)(1) and (2) to permit each Fund 

to sell its shares to, and redeem its shares from, an 

Acquiring Fund (‘‘Prior 12(d)(1) Relief’’). 

approved collection of information 

discussed below. 

Rule 20a–1 (17 CFR 270.20a–1) under 

the Investment Company Act of 1940 

(15 U.S.C. 80a–1 et seq.) requires that 

the solicitation of a proxy, consent, or 

authorization with respect to a security 

issued by a registered investment 

company (‘‘fund’’) be in compliance 

with Regulation 14A (17 CFR 240.14a– 

1 et seq.), 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)). It 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. In addition, rule 20a–1 

instructs registered investment 

companies, that have made a public 

offering of securities and that hold 

security holder votes for which proxies, 

consents, or authorizations are not being 

solicited, to refer to the Commission’s 

rules governing information statements. 

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 fund 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 funds file 

approximately 1,225 proxy solicitations 

annually with the Commission. That 

figure includes multiple filings by some 

funds. The total annual reporting and 

recordkeeping burden of the collection 

of information is estimated to be 

approximately 130,095 hours (1,225 

responses × 106.2 hours per response). 

Rule 20a–1 does not involve any 

recordkeeping requirements. Providing 

the information required by the rule is 

mandatory and information provided 

under the rule will not be 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. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: June 1, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–13258 Filed 6–5–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28755; File No. 812–13650] 

WisdomTree Investments, Inc., et al.; 

Notice of Application 

June 1, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application to amend: 

(1) A prior order under section 6(c) of 

the Investment Company Act of 1940 

(‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1), 22(d), 22(e), and 24(d) 

of the Act and rule 22c–1 under the Act, 

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, and under 

section 12(d)(1)(J) for an exemption 

from sections 12(d)(1)(A) and 

12(d)(1)(B) of the Act;1 and (2) a prior 

order under section 6(c) of the Act, for 

an exemption from sections 2(a)(32), 

5(a)(1) and 22(d) of the Act and rule 

22c–1 under the Act, 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, and under section 12(d)(1)(J) of the 

Act exempting certain transactions from 

sections 12(d)(1)(A) and 12(d)(1)(B) of 

the Act.2

SUMMARY OF APPLICATION: Applicants 

request an order (‘‘Order’’) to amend the 

Prior Orders to modify a condition so 

that Acquiring Funds may rely on the 

Prior Orders to invest in the 

WisdomTree India Earnings Fund 

(‘‘India Fund’’) and additional series of 

the WisdomTree Trust (‘‘Future Funds’’) 

that invest all of their respective assets 

in wholly-owned subsidiaries as 

described in the application. Applicants 

also seek to amend the Index Order by 

deleting the relief granted from the 

requirements of section 24(d) of the Act 

and revising related terms and 

conditions of the applications for the 

Index Order (‘‘Index Applications’’). 

APPLICANTS: WisdomTree Investments, 

Inc. (‘‘WTI’’), WisdomTree Asset 

Management, Inc. (the ‘‘Advisor’’), and 

WisdomTree Trust (‘‘Trust’’). 

FILING DATES: The application was filed 

on April 3, 2009 and amended on April 

22, 2009, and May 26, 2009. 

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 writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on June 26, 2009, 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 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

1090. Applicants: 48 Wall Street, Suite 

1100, New York, NY 10005. 

FOR FURTHER INFORMATION CONTACT: 

Barbara T. Heussler, Senior Counsel, at 


cprice-sewell on PRODPC61 with NOTICES