formance of advisory services to registered investment companies, to permit the summarization or omission of such balance sheet. (6) To authorize the issuance of orders granting confidential treatment pursuant to section 45(a) of the Act (15 U.S.C. 80a-44(a)) where applications for confidential treatment are made regarding matters of disclosure in registration statements filed pursuant to section 8 of the Act (15 U.S.C. 80a-8), or in reports filed pursuant to section 30 of the Act (15 U.S.C. 80a29), but only when the Commission has previously by order granted confidential treatment to the same information. (7) To adjust the filing date of a filing submitted in an electronic format where the acceptance of the filing is delayed because of equipment malfunction or technical problem. (8) To issue notices, pursuant to Rule 0-5(a) (§ 270.0-5(a) of this chapter) with respect to applications for temporary and permanent orders under section 9(c) of the Investment Company Act of 1940 (15 U.S.C. 80a9(c)), and to conditionally or unconditionally exempt persons, for a temporary period not exceeding 60 days, from section 9(a) of the Investment Company Act of 1940 (15 U.S.C. 80a9(a)), if, on the basis of the facts then set forth in the application, it appears that: (i)(A) The prohibitions of section 9(a), as applied to the applicant, may be unduly or disproportionately severe, or (B) the applicant's conduct has been such as not to make it against the public interest or the protection of investors to grant the temporary exemption; and (ii) Granting the temporary exemption would protect the interests of the investment companies being served by the applicant by allowing time for the orderly consideration of the application for permanent relief or the orderly transition of the applicant's responsibilities to a successor, or both. (b) With respect to matters pertaining to investment companies registered under the Investment Company Act of 1940, pooled investment funds or accounts, and the general assets or separate accounts of insurance compa nies, all arising under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939, the same functions as are delegated to the Director of the Division of Corporation Finance in regard to companies other than such registered investment companies in paragraphs (a), (e) and (f) of Article 30-1 (§ 200.30-1 of this chapter) of these articles. (b-1) With respect to the Securities Act of 1933. (1) To issue notices with respect to applications for orders under section 3(a)(2) exempting from section 5 interests or participations issued in connection with stock bonus, pension, profit-sharing, or annuity plans covering employees some or all of whom are employees within the meaning of section 401(c)(1) of the Internal Revenue Code of 1954 where, upon examination, the matter does not appear to him to present issues not previously settled by the Commission or to raise questions of fact or policy indicating that the public interest or the interest of investors requires that a hearing be held. (2) To authorize the issuance of orders where a notice has been issued and no request for a hearing has been received from any interested person within the period specified in the notice and the matter involved presents no issue that he believes has not been settled previously by the Commission and it does not appear to him to be necessary in the public interest or the interest of investors that a hearing be held. (b-2) With respect to post-effective amendments filed pursuant to paragraph (a) of Rule 485 under the Act (17 CFR 230.485(a)) and post-effective amendments filed pursuant to paragraph (a) of Rule 486 under the Act (17 CFR 230.486(a)): (1) To suspend the operation of said paragraphs and to issue written notices to registrants of such suspensions; (2) To determine such amendments to be effective within shorter periods of time than the sixtieth day after the filing thereof. (b-3) With respect to registration statements filed pursuant to para graph (a) of Rule 487 under the Act (17 CFR 230.487(a)): (1) To suspend the operation of said paragraph (a) and to issue written notices to registrants of such suspensions. (b-4) With respect to registration statements filed pursuant to paragraph (a) of rule 488 under the Act (17 CFR 230.488(a)): (1) To suspend the operation of said paragraphs and to issue written notices to registrants of such suspensions; (2) To determine such amendments to be effective within shorter periods of time than the thirtieth day after the filing thereof. (c) With respect to the Securities Act of 1933 and Regulation E thereunder (§ 230.601, et seq. of this chapter): (1) To authorize the offering of securities: (i) Less than ten days subsequent to the filing with the Commission of a notification on Form 1-E (§ 239.200 of this chapter) pursuant to Rule 604(a) (§ 230.604(a) of this chapter); (ii) Less than ten days subsequent to the filing of an amendment to a notification on Form 1-E (§ 239.200 of this chapter) pursuant to Rule 604(c) (§ 230.604(c) of this chapter). (2) To authorize the use of a revised or amended offering circular less than ten days subsequent to the filing thereof pursuant to Rule 605(e) (§ 230.605(e) of this chapter). (3) To authorize the use of communications specified in paragraphs (a), (b) and (c) of Rule 607 (§ 230.607 of this chapter), less than five days subsequent to the filing thereof. (4) To permit the withdrawal of any notification, or any exhibit or other documents filed as a part thereof, pursuant to Rule 604(d) (§ 230.604(d) of this chapter). (c-1) With respect to the Securities Exchange Act of 1934: (1) To grant and deny applications filed pursuant to section 24(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78x(b)) and Rule 24b-2 thereunder (§ 240.24b2 of this chapter) for confidential treatment of information filed pursuant to section 13(f) of that Act (15 U.S.C. 78m(f)) and Rule 13f-1 there under (§ 240.13f-1 of this chapter); and (2) To revoke a grant of confidential treatment for any such application. (d) To issue certifications to investment companies which are principally engaged in the furnishing of capital to other corporations which are principally engaged in the development or exploitation of inventions, technological improvements, new processes, or products not previously generally available, pursuant to section 851(e) of the Internal Revenue Code of 1954 (26 U.S.C. 851(e)), where applications from such companies do not present issues not previously settled by the Commission and do not require a hearing. (e) With respect to the Investment Advisers Act of 1940 (15 U.S.C. 80b-1, et seq.): (1) Pursuant to section 203(c) of the Act (15 U.S.C. 80b-3(c)): To authorize the issuance of orders granting registration of investment advisers within 45 days of the filing of an application for registration as an investment adviser (or within such longer period as to which the applicant consents). (2) Pursuant to section 203(h) of the Act (15 U.S.C. 80b-3(h)), to authorize the issuance of orders canceling registration of investment advisers, or applications for registration, if such investment advisers or applicants for registration are no longer in existence or are not engaged in business as investment advisers. (3) To issue notices, pursuant to Rule 0-5(a) (§ 275.0-5(a) of this chapter), with respect to applications for orders under the following sections of the Act and the rules and regulations promulgated thereunder, where, upon examination, the matter does not appear to him to present issues not previously settled by the Commission or to raise questions of fact or policy indicating that the public interest or the interest of investors requires that a hearing be held: (i) Section 202(a)(11)(F), 15 U.S.C. 80b-2(a)(11)(F). (ii) Section 206A, 15 U.S.C. 80b-6a. (4) To authorize the issuance of orders where a notice, pursuant to Rule 0-5(a) (§ 275.0-5(a) of this chapter), has been issued and no request for a hearing has been received from any interested person within the period specified in the notice and the matter involved presents no issue that he believes has not been previously settled by the Commission and it does not appear to him to be necessary in the public interest or the interest of investors that a hearing be held (section 211(c) of the Act, 15 U.S.C. 80b11(c)). (5) To permit the withdrawal of applications pursuant to the Act (15 U.S.C. 80b-1, et seq.). (6) Pursuant to Rule 204-2(j)(3)(ii) (§ 275.204-2(j)(3)(ii) of this chapter), to make written demands upon nonresident investment advisers subject to the provisions of such rule to furnish to the Commission true, correct, complete and current copies of any or all books and records which such nonresident investment advisers are required to make, keep current or preserve pursuant to any provision of any rule or regulation of the Commission adopted under the Act, or any part of such books and records which may be specified in any such demand. (f) With respect to the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.): (1) To issue notices with respect to applications or declarations under the following sections of the Act: (i) Section 2(a)(3), 15 U.S.C. 79(b)(a)(3). (viii) Section 6(b), 15 U.S.C. 79f(b). (x) Section 9(c)(3), 15 U.S.C. 79i(c)(3). (2) To authorize the issuance of orders where a notice has been issued and no request for a hearing has been received from any interested person within the period specified in the notice and the matter involved presents no issue that the director believes has not previously been settled by the Commission and it does not appear to the director to be necessary in the public interest or the interest of investors or consumers that a hearing be held; section 20(c) of the Act (15 U.S.C. 79t(c)); (3) To permit the withdrawal of applications or declarations filed pursuant to the Act (15 U.S.C. 79a, et seq.); (4) Upon a showing of good cause and that it would not be contrary to the public interest or inconsistent with the protection of investors or consumers, to grant reasonable extensions of time with respect to the time for the filing with the Commission of registration statements and of reports pursuant to section 20(a) of the Act (15 U.S.C. 79t(a)) and Rules 1(b), 1(c), 2, 24, and 29 (§§ 250.1(b), 250.1(c), 250.2, 250.4, and 250.29 of this chapter) thereunder; (5) To issue notices and grant applications by a holding company or any subsidiary company thereof, under section 3(c) of the Act (15 U.S.C. 79c(c)), for revocation of previously granted exemptions from registration, unless, upon examination, the application appears to the director to present issues not previously settled by the Commission or to raise questions of fact or policy indicating that the public interest of investors or consumers requires that a hearing be held; (6) To permit the filing of preliminary registration statements pursuant to section 5(c) of the Act (15 U.S.C. 79e(c)); (7) To authorize the destruction of records pursuant to the provisions of General Instruction 1(f) (§ 257.1(f) of this chapter) to the Appendix of the Uniform System of Accounts for Public Utility Holding Companies (§ 257.1, et seq. of this chapter) and pursuant to provisions of General Requirement 1(e) (§ 256a.0-1(e) of this chapter) of the Uniform System of Accounts for Mutual Service Companies and Subsidiary Service Companies (§ 256.00-1, et seq., of this chapter); (8) To authorize the discontinuance of reporting of information otherwise required to be reported under sections 5(b), 13(c), 13(e), 13(f), 14, and 20(a) of the Act (15 U.S.C. 79e(b), 79m(c), 79m(e), 79m(f), 79n, 79t(a)); (9) To grant extensions of time for filing registration statements and reports pursuant to sections 5(b), 13(c), 13(d), 13(f), 14, and 20(a) of the Act (15 U.S.C. 79e(b), 79m(c), 79m(d), 79m(f), 79n, 79t(a)). (10) To adjust the filing date of a filing submitted in an electronic format where the acceptance of the filing is delayed because of equipment malfunction or technical problem. (g) To designate officers empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to section 209(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(b)), section 42(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-41(b)), section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)), section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)), section 8(e) of the Securities Act of 1933 (15 U.S.C. 77h(e)), and section 18(c) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79r(c)). (h) In nonpublic investigatory proceedings within the responsibility of the Director, to grant requests of persons to procure copies of the transcript of their testimony given pursuant to Rule 6 of the Commission's Rules Relating to Investigations as in effect subsequent to November 16, 1972 (§ 203.6 of this chapter). (i) Notwithstanding anything in the foregoing: (1) The Director of the Division of Investment Management shall have the same authority with respect to the Securities Act of 1933 (15 U.S.C. 77a, et seq.), Regulation A (17 CFR 230.251, et seq.) and Regulation F (17 CFR 230.651, et seq.) as that delegated to each Regional Administrator in paragraphs (b)(1), (b)(2) and (b)(3), and in paragraphs (c) and (f) of Article 30-6 of the Commission's Statement of Organization, Conduct and Ethics, and Information and Requests (17 CFR 200.30-6). (2) In any case in which the Director of the Division of Investment Management believes it appropriate, he may submit the matter to the Commission. (Pub. L. 91-567, 84 Stat. 1497 (15 U.S.C. 77c(a)(2)); Pub. L. 87-592, 76 Stat. 394, as amended by Pub. L. 94-29, 89 Stat. 163 (15 U.S.C. 78d-1, 78d-2); (15 U.S.C. 80a-44, 80b11(a)); secs. 6, 7, 8, 10, 19(a), 48 Stat. 78, 79, 81, 85; secs. 205, 209, 48 Stat. 906, 908; sec. 301, 54 Stat. 857; sec. 8, 68 Stat. 685; sec. 308(a)(2), 90 Stat. 57; secs. 3(b), 12, 13, 14, 15(d), 23(a), 48 Stat. 882, 892, 894, 895, 901; secs. 203(a), 1, 3, 8, 49 Stat. 704, 1375, 1377, 1379; sec. 202, 68 Stat. 686; secs. 4, 5, 6(d), 78 Stat. 569, 570-574; secs. 1, 2, 3, 82 Stat. 454, 455; secs. 28(c), 1, 2, 3, 4, 5, 84 Stat. 1435, 1497; sec. 105(b), 88 Stat. 1503; secs. 8, 9, 10, 89 Stat. 117, 118, 119; sec. 308(b), 90 Stat 57; sec. 18, 89 Stat. 155; secs. 202, 203, 204, 91 Stat. 1494, 1498-1500; sec. 20(a), 49 Stat. 833; sec. 319, 53 Stat. 1173; sec. 38, 54 Stat. 841; 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 78c(b), 781, 78m, 78n, 780(d), 78w(a), 79t(a), 77sss(a), 80a-37; 15 U.S.C. 78d-1, 78d-2] [41 FR 29376, July 16, 1976] EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 200.30-5 see the List of CFR Sections Affected in the Finding Aids section of this volume. § 200.30-6 Delegation of authority to Regional Administrators. Pursuant to the provisions of Pub. L. 87-592, 76 Stat. 394, the Securities and Exchange Commission hereby delegates, until the Commission orders otherwise, the following functions to each Regional Administrator, to be performed by him or under his direction by such person or persons as may be designated from time to time by the Chairman of the Commission: (a) With respect to registration of securities on Form S-18 (§ 239.28 of this chapter) pursuant to the Securities Act of 1933 (15 U.S.C. 77a et seq.), and Regulation C thereunder (§ 230.400 et seq. of this chapter): (1) To determine the effective dates of amendments filed pursuant to section 8(c) of the Act (15 U.S.C. 77h(c)). (2) To consent to the withdrawal of registration statements or amendments or exhibits thereto, pursuant to Rule 477 (§ 230.477 of this chapter), and to issue orders declaring registra tion statements abandoned, pursuant to Rule 479 (§ 230.479 of this chapter). (3) To grant applications for confidential treatment of contract provisions pursuant to Rule 406 (§ 230.406 of this chapter) under the Act; to issue orders scheduling hearings on such application and to deny any such application as to which the applicant waives his right to a hearing, provided such applicant is advised of his right to have such denial reviewed by the Commission. (4) To take the following action pursuant to section 8(a) of the Act (15 U.S.C. 77j(a)): (i) To determine registration statements to be effective within shorter periods of time than 20 days after the filing thereof; (ii) To consent to the filing of amendments prior to the effective dates of registration statements as part thereof, or to determine that amendments filed prior to the effective dates of registration statements have been filed pursuant to orders of the Commission, so as to be treated as parts of the registration statements for the purpose of section 8(a) of the Act (15 U.S.C. 77h(a)); (iii) To determine to be effective applications for qualifications of trust indentures filed with registration statements. (b) With respect to the Securities Act of 1933, 15 U.S.C. 77a et seq. and Regulation A thereunder, § 230.251 et seq. of this chapter: (1) To authorize the offering of securities: (i) Less than ten days subsequent to the filing with the Regional Office of notification on Form 1-A, pursuant to Rule 255(a), § 230.255(a) of this chapter, or (ii) Less than ten days subsequent to the filing of an amendment to a notification on Form 1-A, pursuant to Rule 255(d), § 230.255(d) of this chapter or Rule 256(f), § 230.256(f) of this chapter; (2) To authorize the use of sales material less than five days subsequent to its filing with the Regional Office pursuant to Rule 258, § 230.258 of this chapter; (3) To permit the furnishing of financial statements as of dates earlier than 90 days prior to the filing of notifications, but not exceeding six months, pursuant to Item 11(a)(1) of Schedule I and Rule 256 and Rule 257, §§ 230.256 and 230.257 of this chapter; (4) To issue orders declaring notifications on Form 1-A § 239.90 of this chapter) abandoned pursuant to Rule 264 (§ 230.264 of this chapter). (c) With respect to the Securities Act of 1933, 15 U.S.C. 77a et seq. and Regulation F thereunder, § 230.652, et seq. of this chapter: (1) To authorize the offering of securities less than ten days subsequent to the filing with the Regional Office of notification on Form 1-F, pursuant to Rule 652, § 230.652 of this chapter; (2) To authorize the use of sales material less than ten days subsequent to its filing with the Regional Office pursuant to Rule 654, § 230.654 of this chapter; (d) With respect to the Securities Exchange Act of 1934, 15 U.S.C. 78 et seq.: (1) Pursuant to Rule 17a-5(a) (§ 240.17a-5(a) of this chapter) and Rule 17a-5(d) (§ 240.17a-5(d) of this chapter): (i) To consider applications by brokers and dealers for extensions of time within which to file reports required by Rule 17a-5 (§ 240.17a-5 of this chapter) and to grant or to deny such applications: Provided, Such applicant is advised of his right to have such denial reviewed by the Commission; and (ii) To grant or deny requests by brokers and dealers for the approval of a change of date for the annual audited reports required by Rule 17a-5 (§ 240.17a-5 of this chapter) where the report will not be as of a date more than 15 months from the date as of which the last preceding annual audited report was prepared: Provided, Such applicant is advised of his right to have such denial reviewed by the Commission. (2) Pursuant to section 15(b)(2)(C) of the Act (15 U.S.C. 780(b)(2)(C)): (i) To delay until the second six month period from registration with the Commission, the inspection of newly registered broker-dealers that have not commenced actual operations |