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

Rule 3-18 -- Special Provisions as to Registered Management Investment Companies and Companies Required to Be Registered as Management Investment Companies

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(a) For filings by registered management investment companies, the following financial statements shall be filed:



(l ) An audited balance sheet or statement of assets and liabilities as of the end of the most recent fiscal year;


(2) An audited statement of operations for the most recent fiscal year conforming to the requirements of Rule 6-07;


(3) An audited statement of cash flows for the most recent fiscal year, if necessary to comply with generally accepted accounting principles. (Further references in this rule to the requirement for such statement are likewise applicable only to the extent that they are consistent with the requirements of generally accepted accounting principles.)


(4) Audited statements of changes in net assets conforming to the requirements of Rule 6-09 for the two most recent fiscal years



(b) If the filing is made within 60 days after the end of the registrant's fiscal year and audited financial statements for the most recent fiscal year are not available, the balance sheet or statement of assets and liabilities may be as of the end of the preceding fiscal year and the filing shall include an additional balance sheet or statement of assets and liabilities as of an interim date within 245 days of the date of filing. In addition, the statements of operations and cash flows (if required by generally accepted accounting principles) shall be provided for the preceding fiscal year and the statement of changes in net assets shall be provided for the two preceding fiscal years and each of the statements shall be provided for the interim period between the end of the preceding fiscal year and the date of the most recent balance sheet or statement of assets and liabilities being filed. Financial statements for the corresponding period of the preceding fiscal year need not be provided.


(c) If the most current balance sheet or statement of assets and liabilities in a filing is as of a date 245 days or more prior to the date the filing is expected to become effective, the financial statements shall be updated with a balance sheet or statement of assets and liabilities as of an interim date within 245 days. In addition, the statements of operations, cash flows, and changes in net assets shall be provided for the interim period between the end of the most recent fiscal year for which a balance sheet or statement of assets and liabilities is presented and the date of the most recent interim balance sheet or statement of assets and liabilities filed.


(d) Interim financial statements provided in accordance with these requirements may be unaudited but shall be presented in the same detail as required by Rule 6-01 to 6-10. When unaudited financial statements are presented in a registration statement they shall include the statement required by Rule 3-03(d).

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