UNITED STATES OF AMERICA
SECURITIES AND EXCHANGE COMMISSION
Securities Exchange Act of 1934
Release No. 62090 / May 12, 2010
File No. 3-11726
In the Matter of
Fremont Investment Advisors, Inc.
NOTICE OF PROPOSED PLAN OF DISTRIBUTION AND OPPORTUNITY FOR COMMENT
Notice is hereby given, pursuant to Rule 1103 of the Securities and Exchange Commission's ("Commission") Rules on Fair Fund and Disgorgement Plans, 17 C.F.R. §201.1103, that the Division of Enforcement has filed with the Commission the proposed plan ("Distribution Plan") for the distribution of monies in In the Matter of Fremont Investment Advisors, Inc. The Commission issued an Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 203(e) and 203(k) of the Investment Advisers Act of 1940, and Section 9(b) and 9(f) of the Investment Company Act of 1940, Making Findings, and Imposing Remedial Sanctions and Issuing a Cease-and-Desist Order, Administrative Proceeding File No. 3-11726 in this matter on November 4, 2004 (Advisers Act Release No. 2317) (the “Order”).
OPPORTUNITY FOR COMMENT
Pursuant to this Notice, all interested parties are advised that they may obtain a copy of the Distribution Plan from the Commission’s public website, http://www.sec.gov, or by submitting a written request to Michael S. Dicke, United States Securities and Exchange Commission, 44 Montgomery Street, Suite 2600, San Francisco, CA 94104. Further, all persons desiring to comment on the Distribution Plan may submit their comments, in writing, within 30 days of the date of this Notice:
- to the Office of the Secretary, United States Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549-1090;
- by using the Commission’s Internet comment form (http://www.sec.gov/litigation/admin.shtml); or
- by sending an e-mail to firstname.lastname@example.org.
Comments submitted by email or via the Commission’s website should include “Administrative Proceeding File Number 3-11726” in the subject line. Comments received will be available to the public. Persons should only submit information that they wish to make publicly available.
THE DISTRIBUTION PLAN
The Distribution Plan provides for distribution of disgorgement of $2,146,000 paid by Fremont, and a civil money penalty in the amount of $2 million, plus any accumulated interest, less any federal, state, or local taxes on the interest. The proposed plan provides for distribution of the Fair Fund to eligible investors in the Fremont U.S. Micro-
Cap Fund and the Fremont Global Fund to compensate them for losses resulting from market timing and late trading. If the Distribution Plan is approved, eligible investors will receive a fair and proportionate share of the Fair Fund as calculated by the Independent Distribution Consultant. The distribution amount will be calculated from information in Fremont Mutual Funds’ records and records obtained from third-party intermediaries. Eligible investors will not need to go through a claims process.
By the Commission.
Elizabeth M. Murphy
See Also: Proposed Plan of Distribution