485BPOS 1 cetop485bxbrl.htm CAPITAL EMERGING MARKETS TOTAL OPPORTUNITIES FUND

 

 

SEC. File Nos. 333-176635

                          811-22605

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

__________________

 

 

FORM N-1A

Registration Statement

Under

the Securities Act of 1933

Post-Effective Amendment No. 2

and

Registration Statement

Under

the Investment Company Act of 1940

Amendment No. 5

 

__________________

 

 

CAPITAL EMERGING MARKETS TOTAL OPPORTUNITIES FUND

(Exact Name of Registrant as specified in charter)

 

6455 Irvine Center Drive

Irvine, CA 92618

(Address of principal executive offices)

 

Registrant's telephone number, including area code:

(949) 975-5000

 

__________________

 

 

 

COURTNEY R. TAYLOR, Secretary

Capital Emerging Markets Total Opportunities Fund

6455 Irvine Center Drive

Irvine, CA 92618

(name and address of agent for service)

 

Copy to:

 

Michael Glazer
Bingham McCutchen LLP

355 South Grand Avenue, Suite 4400

Los Angeles, CA 90071-3106

 

(Counsel for the Registrant)

 

__________________

 

 

Approximate date of proposed public offering:

It is proposed that this filing become effective immediately pursuant to paragraph (b) of rule 485

 

 

 

 

 

 

 

 

 

 
 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets all of the requirements for effectiveness of this registration statement under Rule 485(b) under the Securities Act of 1933 and has duly caused this registration statement to be signed on its behalf by the undersigned, duly authorized, in the City of Irvine, in the County of Orange and State of California, on the 22nd day of January, 2013.

 

CAPITAL EMERGING MARKETS TOTAL OPPORTUNITIES FUND

 

By: /s/ Paul F. Roye

Chairman of the Board

 

 

Pursuant to the requirements of the Securities Act of 1933, this amendment to Registration Statement has been signed below on January 22, 2013 by the following persons in the capacities indicated.

 

 

 

  Signature Title
(1) Principal Executive Officer:
 

 

/s/ John B. Emerson

 

President

  (John B. Emerson)
 
(2) Principal Financial Officer and Principal Accounting Officer:
 

 

/s/ Kevin M. Saks

 

Treasurer

  (Kevin M. Saks)
 
(3) Trustees:
  Richard G. Capen, Jr.* Trustee
  H. Frederick Christie* Trustee
  Martin Fenton* Trustee
  Richard G. Newman* Trustee
  /s/ Paul F. Roye Chairman of the Board
  (Paul F. Roye)
 

 

*By: /s/ Courtney R. Taylor

 
  (Courtney R. Taylor, pursuant to a power of attorney filed herewith)  
       

 

Counsel represents that this amendment does not contain disclosures that would make the amendment ineligible for effectiveness under the provisions of rule 485(b).

 

/s/ Timothy W. McHale

(Timothy W. McHale)

 

 

 
 

 

 

POWER OF ATTORNEY

 

I, Richard G. Capen, Jr., the undersigned trustee of the Capital Emerging Markets Total Opportunities Fund (the “Trust”) hereby revoke all previous powers of attorney I have signed and otherwise act in my name and behalf in matters involving the Trust and do hereby constitute and appoint

 

Courtney R. Taylor

Timothy W. McHale

Kevin M. Saks

  

 

each of them singularly, my true and lawful attorneys-in-fact, with full power of substitution, and with full power to each of them, to sign for me and in my name in the appropriate capacities, all Registration Statements of the Trust on Form N-1A, any and all subsequent Amendments, or Post-Effective Amendments to said Registration Statement on Form N-1A or any successor thereto, and any supplements or other instruments in connection therewith, and generally to do all such things in my name and behalf in connection therewith as said attorneys-in-fact deem necessary or appropriate, to comply with the provisions of the Securities Act of 1933 and the Investment Company Act of 1940 as amended, and all related requirements of the U. S. Securities and Exchange Commission. I hereby ratify and confirm all that said attorneys-in-fact or their substitutes may do or cause to be done by virtue hereof.

 

EXECUTED at San Diego, CA, this 3rd day of August, 2012.

(City, State)

 

 

/s/ Richard G. Capen, Jr.

Richard G. Capen, Jr., Trustee

 

 
 

 

 

POWER OF ATTORNEY

 

I, H. Frederick Christie, the undersigned trustee of the Capital Emerging Markets Total Opportunities Fund (the “Trust”) hereby revoke all previous powers of attorney I have signed and otherwise act in my name and behalf in matters involving the Trust and do hereby constitute and appoint

 

Courtney R. Taylor

Timothy W. McHale

Kevin M. Saks

  

 

each of them singularly, my true and lawful attorneys-in-fact, with full power of substitution, and with full power to each of them, to sign for me and in my name in the appropriate capacities, all Registration Statements of the Trust on Form N-1A, any and all subsequent Amendments, or Post-Effective Amendments to said Registration Statement on Form N-1A or any successor thereto, and any supplements or other instruments in connection therewith, and generally to do all such things in my name and behalf in connection therewith as said attorneys-in-fact deem necessary or appropriate, to comply with the provisions of the Securities Act of 1933 and the Investment Company Act of 1940 as amended, and all related requirements of the U. S. Securities and Exchange Commission. I hereby ratify and confirm all that said attorneys-in-fact or their substitutes may do or cause to be done by virtue hereof.

 

EXECUTED at Palos Verdes, CA, this 3rd day of August, 2012.

(City, State)

 

 

/s/ H. Frederick Christie

H. Frederick Christie, Trustee

 

 
 

 

POWER OF ATTORNEY

 

I, Martin Fenton, the undersigned trustee of the Capital Emerging Markets Total Opportunities Fund (the “Trust”) hereby revoke all previous powers of attorney I have signed and otherwise act in my name and behalf in matters involving the Trust and do hereby constitute and appoint

 

Courtney R. Taylor

Timothy W. McHale

Kevin M. Saks

  

 

each of them singularly, my true and lawful attorneys-in-fact, with full power of substitution, and with full power to each of them, to sign for me and in my name in the appropriate capacities, all Registration Statements of the Trust on Form N-1A, any and all subsequent Amendments, or Post-Effective Amendments to said Registration Statement on Form N-1A or any successor thereto, and any supplements or other instruments in connection therewith, and generally to do all such things in my name and behalf in connection therewith as said attorneys-in-fact deem necessary or appropriate, to comply with the provisions of the Securities Act of 1933 and the Investment Company Act of 1940 as amended, and all related requirements of the U. S. Securities and Exchange Commission. I hereby ratify and confirm all that said attorneys-in-fact or their substitutes may do or cause to be done by virtue hereof.

 

EXECUTED at San Diego, CA, this 2nd day of August, 2012.

(City, State)

 

/s/ Martin Fenton

Martin Fenton, Trustee

 

 
 

 

POWER OF ATTORNEY

 

I, Richard G. Newman, the undersigned trustee of the Capital Emerging Markets Total Opportunities Fund (the “Trust”) hereby revoke all previous powers of attorney I have signed and otherwise act in my name and behalf in matters involving the Trust and do hereby constitute and appoint

 

Courtney R. Taylor

Timothy W. McHale

Kevin M. Saks

  

 

each of them singularly, my true and lawful attorneys-in-fact, with full power of substitution, and with full power to each of them, to sign for me and in my name in the appropriate capacities, all Registration Statements of the Trust on Form N-1A, any and all subsequent Amendments, or Post-Effective Amendments to said Registration Statement on Form N-1A or any successor thereto, and any supplements or other instruments in connection therewith, and generally to do all such things in my name and behalf in connection therewith as said attorneys-in-fact deem necessary or appropriate, to comply with the provisions of the Securities Act of 1933 and the Investment Company Act of 1940 as amended, and all related requirements of the U. S. Securities and Exchange Commission. I hereby ratify and confirm all that said attorneys-in-fact or their substitutes may do or cause to be done by virtue hereof.

 

EXECUTED at Los Angeles, CA, this 2nd day of August, 2012.

(City, State)

 

 

/s/ Richard G. Newman

Richard G. Newman, Trustee

 

 
 

 

 

 

Exhibit Index

 

Exhibit No. Description
   
EX-101.INS XBRL Instance Document
EX-101.SCH XBRL Taxonomy Extension Schema Document
EX-101.CAL XBRL Taxonomy Extension Calculation Linkbase
EX-101.DEF XBRL Taxonomy Extension Definition Linkbase
EX-101.LAB XBRL Taxonomy Extension Labels Linkbase
EX-101.PRE XBRL Taxonomy Extension Presentation Linkbase