[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 93-6605] [[Page Unknown]] [Federal Register: March 22, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Rel. No. IC-20139; 811-4943] Lutheran Brotherhood High Yield Fund; Deregistration March 15, 1994. AGENCY: Securities and Exchange Commission (``SEC''). ACTION: Notice of application for deregistration under the Investment Company Act of 1940 (the ``Act''). ----------------------------------------------------------------------- APPLICANT: Lutheran Brotherhood High Yield Fund. RELEVANT ACT SECTION: Section 8(f). SUMMARY OF APPLICATION: Applicant seeks an order declaring that it has ceased to be an investment company. FILING DATE: The application was filed on February 23, 1994. 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 applicant with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on April 11, 1994, and should be accompanied by proof of service on the applicant, 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 SEC's Secretary. ADDRESSES: Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549. Applicant, 625 Fourth Avenue South, Minneapolis, Minnesota 55415. FOR FURTHER INFORMATION CONTACT: John V. O'Hanlon, Senior Attorney, at (202) 272-3922, or Robert A. Robertson, Branch Chief, at (202) 272-3030 (Division of investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the SEC's Public Reference Branch. Applicant's Representations 1. Applicant is an open-end, diversified investment company organized as a corporation under Minnesota law. Applicant filed a Notification of Registration pursuant to section 8(a) of the Act on December 18, 1986. On the same date, applicant filed a registration statement pursuant to the Securities Act of 1933 and section 8(b) of the Act. The registration statement was declared effective on April 3, 1987, and the public offering of applicant's shares commenced promptly thereafter. 2. At a meeting held on July 20, 1993, applicant's board of directors determined that it would be in the best interests of applicant's shareholders for applicant to be reorganized as a separate series of The Lutheran Brotherhood Family of Funds, a Massachusetts business trust (the ``Trust''), and for applicant to be terminated thereafter pursuant to an Agreement and Plan of Reorganization and Liquidation (the ``Plan''). The board also determined that the reorganization would not dilute the interests of applicant's shareholders. 3. Proxy materials relating to the reorganization and termination of applicant were distributed to applicant's shareholders on or about September 15, 1993. At a meeting held on October 28, 1993, the reorganization and termination of applicant pursuant to the Plan was approved by the holders of 58.51% of the outstanding shares of applicant. 4. On November 1, 1993, applicant transferred all of its assets to the Trust in exchange for shares of the Lutheran Brotherhood High Yield Fund series of the Trust (the ``Series''), which were then distributed to applicant's shareholders. Each shareholder of applicant received shares of the Series which, before giving effect to certain expenses of the reorganization, had upon receipt a total net asset value equal to the total net value of the shares of applicant held by the shareholder immediately before the reorganization. 5. All expenses incurred in connection with the reorganization and termination of applicant, consisting of legal expenses, costs of solicitation, printing and mailing expenses, and auditing expenses, were paid by applicant. 6. As of the date of the application, applicant had no security holders, assets, or liabilities, and was not a party to any litigation or administrative proceeding. 7. Applicant is not engaged, and does not propose to engage, in any business activities other than those necessary for the winding-up of its affairs. 8. Applicant filed a Notice of Intent to Dissolve with the Secretary of State of the State of Minnesota. Applicant intends to file Articles of Dissolution with the Secretary of State upon receipt of the requested order. For the SEC, by the Division of Investment Management, under delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 93-6605 Filed 3-21-94; 8:45 am] BILLING CODE 8010-01-M