Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 32a-3 -- Exemption from Provision of Section 32(a)(1) Regarding the Time Period During Which a Registered Management Investment Company Must Select an Independent Public Accountant

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1. A registered management investment company ("company") organized in a jurisdiction that does not require it to hold regular annual meetings of its stockholders, and which does not hold a regular annual stockholders' meeting in a given fiscal year, shall be exempt in that fiscal year from the requirement of section 32(a)(1) of the Act that the independent public accountant ("accountant") be selected at a board of directors meeting held within 30 days before or after the beginning of the fiscal year or before the annual meeting of stockholders in that year, provided, that such company is either:
   
   
   1. In a set of investment companies as defined in paragraph (b) of this section, if not all the members of such set have an identical fiscal year end and if such company selects an accountant at a board of directors meeting held within 90 days before or after the beginning of that fiscal year; or
      
      
   2. Not in a set of investment companies, or is in a set, each of whose members has the same fiscal year end, and if such company selects an accountant at a board of directors meeting held within 30 days before or 90 days after the beginning of that fiscal year.
      
      
2. For purposes of this rule, "set of investment companies" means any two or more registered management investment companies that hold themselves out to investors as related companies for purposes of investment and investor services, and
   
   
   1. That have a common investment adviser or principal underwriter, or
      
      
   2. If the investment adviser or principal underwriter of one of the companies is an affiliated person as defined in section 2(a)(3)(C) of the Act, of the investment adviser or principal underwriter of each of the other companies.

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