Rule 30e-1

§ 270.30e–1

17 CFR Ch. II (4–1–08 Edition)

§ 270.30e–1 Reports to stockholders of
management companies.
(a) Every registered management
company shall transmit to each stockholder of record, at least semi-annually, a report containing the information required to be included in such reports by the company’s registration
statement form under the 1940 Act, except that the initial report of a newly
registered company shall be made as of
a date not later than the close of the
fiscal year or half-year occurring on or
after the date on which the company’s
notification of registration under the
1940 Act is filed with the Commission.
(b) If any matter was submitted during the period covered by the shareholder report to a vote of shareholders,
through the solicitation of proxies or
otherwise, furnish the following information:
(1) The date of the meeting and
whether it was an annual or special
meeting.
(2) If the meeting involved the election of directors, the name of each director elected at the meeting and the
name of each other director whose
term of office as a director continued
after the meeting.
(3) A brief description of each matter
voted upon at the meeting and the
number of votes cast for, against or
withheld, as well as the number of abstentions and broker non-votes as to
each such matter, including a separate
tabulation with respect to each matter
or nominee for office.

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Instruction. The solicitation of any authorization or consent (other than a proxy to
vote at a shareholders’ meeting) with respect
to any matter shall be deemed a submission
of such matter to a vote of shareholders
within the meaning of this paragraph (b).

(c) Each report shall be transmitted
within 60 days after the close of the period for which such report is being
made.
(d) An open-end company may transmit a copy of its currently effective
prospectus or Statement of Additional
Information, or both, under the Securities Act, in place of any report required
to be transmitted to shareholders by
this section, provided that the prospectus or Statement of Additional Information, or both, include all the information that would otherwise be re-

quired to be contained in the report by
this section. Such prospectus or Statement of Additional Information, or
both, shall be transmitted within 60
days after the close of the period for
which the report is being made.
(e) The period of time within which
any report prescribed by this rule shall
be transmitted may be extended by the
Commission upon written request
showing good cause therefor. Section
270.0–5 shall not apply to such requests.
(f)(1) A company will be considered to
have transmitted a report to shareholders who share an address if:
(i) The company transmits a report
to the shared address;
(ii) The company addresses the report
to the shareholders as a group (for example, ‘‘ABC Fund [or Corporation]
Shareholders,’’ ‘‘Jane Doe and Household,’’ ‘‘The Smith Family’’) or to each
of the shareholders individually (for
example, ‘‘John Doe and Richard
Jones’’); and
(iii) The shareholders consent in
writing to delivery of one report.
(2) The company need not obtain
written consent from a shareholder
under paragraph (f)(1)(iii) of this section if all of the following conditions
are met:
(i) The shareholder has the same last
name as the other shareholders, or the
company reasonably believes that the
shareholders are members of the same
family;
(ii) The company has transmitted a
notice to the shareholder at least 60
days before the company begins to rely
on this section concerning transmission of reports to that shareholder.
The notice must be a separate written
statement and:
(A) State that only one report will be
delivered to the shared address unless
the company receives contrary instructions;
(B) Include a toll-free telephone number or be accompanied by a reply form
that is pre-addressed with postage provided, that the shareholder can use to
notify the company that he or she
wishes to receive a separate report;
(C) State the duration of the consent;
(D) Explain how a shareholder can revoke consent;
(E) State that the company will
begin sending individual copies to a

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Securities and Exchange Commission

§ 270.30h–1

shareholder within 30 days after the
company receives revocation of the
shareholder’s consent; and
(F) Contain the following prominent
statement, or similar clear and understandable statement, in bold-face type:
‘‘Important Notice Regarding Delivery
of Shareholder Documents’’. This
statement also must appear on the envelope in which the notice is delivered.
Alternatively, if the notice is delivered
separately from other communications
to investors, this statement may appear either on the notice or on the envelope in which the notice is delivered;
NOTE TO PARAGRAPH (f)(2)(ii): The notice
should be written in plain English. See
§ 230.421(d)(2) of this chapter for a discussion
of plain English principles.

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(iii) The company has not received
the reply form or other notification indicating that the shareholder wishes to
continue to receive an individual copy
of the report, within 60 days after the
company sent the notice; and
(iv) The company transmits the report to a post office box or to a residential street address. The company can
assume a street address is a residence
unless it has information that indicates it is a business.
(3) At least once a year, the company
must explain to shareholders who have
consented under paragraph (f)(1)(iii) or
paragraph (f)(2) of this section how
they can revoke their consent. The explanation must be reasonably designed
to reach these investors. If a shareholder, orally or in writing, revokes
consent to delivery of one report to a
shared address, the company must
begin sending individual copies to that
shareholder within 30 days after the
company receives the revocation.
(4) For purposes of this section, address means a street address, a post office box number, an electronic mail address, a facsimile telephone number, or
other similar destination to which
paper or electronic documents are
transmitted, unless otherwise provided
in this section. If the company has reason to believe that the address is a
street address of a multi-unit building,

the address must include the unit number.
[46 FR 36126, July 14, 1981, as amended at 48
FR 37940, Aug. 22, 1983; 48 FR 44477, Sept. 29,
1983; 50 FR 26160, June 25, 1985; 57 FR 56836,
Dec. 1, 1992; 59 FR 52700, Oct. 19, 1994; 61 FR
24657, May 15, 1996; 64 FR 62547, Nov. 16, 1999.
Redesignated and amended at 66 FR 3759,
Jan. 16, 2001]

§ 270.30e–2 Reports to shareholders of
unit investment trusts.
(a) At least semiannually every registered unit investment trust substantially all the assets of which consist of
securities issued by a management
company must transmit to each shareholder of record (including record holders of periodic payment plan certificates), a report containing all the applicable information and financial
statements or their equivalent, required by § 270.30d–1 to be included in
reports of the management company
for the same fiscal period. Each of
these reports must be transmitted
within the period allowed the management company by § 270.30e–1 for transmitting reports to its shareholders.
(b) Any report required by this section will be considered transmitted to
a shareholder of record if the unit investment trust satisfies the conditions
set forth in § 270.30e–1(f) with respect to
that shareholder.
[64 FR 62547, Nov. 16, 1999. Redesignated and
amended at 66 FR 3759, Jan. 16, 2001]

§ 270.30h–1 Applicability of section 16
of the Exchange Act to section
30(h).
(a) The filing of any statement prescribed under section 16(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78p(a)) shall satisfy the corresponding
requirements of section 30(h) of the Act
(15 U.S.C. 80a–29(h)).
(b) The rules under section 16 of the
Securities Exchange Act of 1934 (15
U.S.C. 78p) shall apply to any duty, liability or prohibition imposed with respect to a transaction involving any security of a registered closed-end company under section 30(h) of the Act (15
U.S.C. 80a–29(h)).
(c) No statements need be filed pursuant to section 30(h) of the Act (15
U.S.C. 80a–29(h)) by an affiliated person
of an investment adviser in his or her

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