The Securities and Exchange Commission (SEC) is subject to the current federal government shutdown due to lack of funding, and generally it will follow its “Operations Plan Under a Lapse in Appropriations and Government Shutdown.” With respect to filings by registered investment companies (which include mutual funds and insurance company separate account filings), the SEC’s Division of Investment Management has posted specific information (in addition, the Division of Investment Management will generally follow the procedures set forth by the Division of Corporation Finance; see the linked FAQs therein).
For registered investment company filings, the Division of Investment Management’s guidance discloses the following:
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Acceleration Requests will not be acted upon by the Division, to accelerate the effective date of a pending registration statement, until the SEC receives new appropriations. Presumably, this includes both new (initial) registration statements (i.e., pre-effective amendments) and post-effective amendments where acceleration is needed.
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EDGAR filings can continue to be made.
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Post-Effective Amendments filed under Rule 485 will continue to become effective automatically, either immediately upon filing or after the passage of the number of days specified in the rule.
The Division’s website also notes that until January 4, questions regarding individual filings can be directed to Bill Kotapish at 202-551-6756; after January 4, to Christian Sandoe at 202-551-6949. In addition, a limited number of staff members are available to answer questions relating to fee calculations for filings. For fee calculation questions, send an email (with contact information) to IMEmergency@sec.gov. In case of an emergency, send an email to IMEmergency@sec.gov or call 202-551-6720.
Of course, the SEC’s guidance regarding operations during the government shutdown may be subject to change; it will post updates to its operating status on its website (sec.gov).
