News · SEC · 8 Jul 2015
Fidelity Aberdeen Street Trust and Fidelity Advisor Series II intend to omit shareholder proposals from the proxy statements for the Fidelity Freedom 2020 Fund, Fidelity Freedom 2025 Fund, and Fidelity Advisor Municipal Income Fund. The Funds determined that proponents Nechama Liss-Levinson, Judith S. Blanchard, and Marjorie Moidel failed to provide requested information confirming continuous ownership of at least $2,000 in market value or 1% of shares through the meeting date, as required by Rule 14a-8(b)(1). Consequently, the Funds are unable to verify that these shareholders continue to satisfy the eligibility requirements for submitting proposals under Rule 14a-8(f)(2).
FIDELITY ABERDEEN STREET TRUST
Fidelity Freedom 2020 Fund
Fidelity Freedom 2025 Fund
FIDELITY ADVISOR SERIES II
Fidelity Advisor Municipal Income Fund
VIA ELECTRONIC MAIL: imshareholderproposals@sec.gov
July 8, 2015
U.S. Securities & Exchange Commission
100 F Street NE
Washington, DC 20549
Attn: Office of Disclosure and Review
Re: Shareholder Proposals for: Fidelity Freedom 2020 Fund and Fidelity Freedom 2025 Fund, series of Fidelity Aberdeen Street Trust (File No. 811-06440); Fidelity Advisor Municipal Income Fund, series of Fidelity Advisor Series II (File No. 811-04707)
Ladies and Gentlemen:
As indicated in the table below, letters were received at the principal executive offices of Fidelity Freedom 2020 Fund, Fidelity Freedom 2025 Fund, and Fidelity Advisor Municipal Income Fund (each a “Fund” and collectively the “Funds”), requesting that a proposal be submitted to shareholders at the next scheduled meeting of each Fund. As detailed in the letters, copies of which are attached, the proposals request that each of the Boards of Trustees of the Funds implement certain procedures to prevent the Funds from holding investments in companies that, in management’s judgment, substantially contribute to genocide or crimes against humanity.
| Fund | Shareholder | Date Received |
|---|---|---|
| Fidelity Freedom 2020 Fund | Nechama Liss-Levinson | June 3, 2010 |
| Fidelity Freedom 2025 Fund | Judith S. Blanchard | June 18, 2010 |
| Fidelity Advisor Municipal Income Fund | Marjorie Moidel | April 29, 2010 |
Pursuant to Rule 14a-8(b)(1), to be eligible to submit a proposal, a shareholder must have continuously held at least $2,000 in market value, or 1%, of the company’s securities entitled to be voted on the proposal at the meeting for at least one year by the date the proposal is submitted, and must continue to hold those securities through the date of the meeting. Upon receipt of the letters in 2010, the Funds verified that Ms. Liss-Levinson, Ms. Blanchard, and Ms. Moidel each met the eligibility requirements to submit a proposal pursuant to Rule 14a-8(b)(1). In preparation for an upcoming shareholder meeting, the Funds recently attempted to verify that each of Ms. Liss-Levinson, Ms. Blanchard, and Ms. Moidel continues to satisfy the eligibility requirements of Rule 14a-8(b)(1). Each Fund determined that the respective proponent was a record owner of the Fund’s shares. On April 1, 2015, we sent each of Ms. Liss Levinson, Ms. Blanchard, and Ms. Moidel a letter, copies of which are attached, requesting that each provide the information necessary to confirm that she continues to meet the requirements of Rule 14a-8(b)(1). To date, Ms. Liss-Levinson, Ms. Blanchard, and Ms. Moidel have not responded to the Funds’ requests and have not provided the information necessary to permit the Funds to confirm that each of them continue to satisfy the requirements of Rule 14a-8(b)(1).
The next shareholder meeting for each Fund is scheduled to be held on or about November 18, 2015. Because the Funds are unable to confirm, based on their records, that Ms. Liss-Levinson, Ms. Blanchard, and Ms. Moidel continue to be shareholders of each respective Fund and have continuously held the requisite amount of that Fund’s shares since submitting their proposals as required by Rule 14a-8(b)(1), and because none of Ms. Liss-Levinson, Ms. Blanchard, and Ms. Moidel have responded to a request to provide additional holdings information, we intend to omit this proposal from the proxy statements for the Funds as permitted by Rule 14a-8(f)(2).
If you have questions or comments concerning this matter, please contact Brian Blackburn at (617) 563-7121.
Sincerely,
Scott C. Goebel
Secretary of Fidelity Aberdeen Street Trust and Secretary of Fidelity Advisor Series II
Enclosures:
April 1, 2015 Letter to Nechama Liss-Levinson
April 1, 2015 Letter to Judith S. Blanchard
April 1, 2015 Letter to Marjorie Moidel
June 3, 2010 Letter from Nechama Liss-Levinson June 18, 2010 Letter from Judith S. Blanchard April 29, 2010 Letter from Marjorie Moidel
cc: Nechama Liss-Levinson
Judith S. Blanchard
Marjorie Moidel
21179528.3.BUSINESS
*
FIDELITY ABERDEEN STREET TRUST
Fidelity Freedom 2020 Fund
VIA OVERNIGHT MAIL
April 1, 2015
Nechama Liss-Levinson
13 Church Street
Great Neck, NY 11023
Dear Ms. Liss-Levinson:
Your shareholder proposal, dated June 3, 2010, was previously received in the principal executive offices of Fidelity Freedom 2020 Fund (the “Fund”), a series of Fidelity Aberdeen Street Trust (the “Trust”).
Rule 14a-8(b)(1) provides that in order to be eligible to submit a proposal for inclusion in a proxy statement for the Fund, a shareholder must have “continuously held at least $2,000 in market value, or 1%, of the company’s securities entitled to be voted on the proposal at the meeting for at least one year by the date [the shareholder] submit[s] the proposal and “must continue to hold those securities through the date of the meeting.” As required by Rule 14a-8(b)(2), you have provided a written statement that you “intend to meet Rule 14a-8 requirements including the continuous ownership of the required stock value until after the date of the respective shareholder meeting.”
Upon the receipt of your proposal, we verified that you initially met the eligibility requirements to submit a proposal pursuant to Rule 14a-8(b)(1). However, based on a review of the Fund’s records, we are unable to confirm that you continue to hold the amount of Fund shares required under Rule 14a-8(b)(1).
As provided by Rule 14a-8(b)(2), we request that you provide us with information about your holdings with respect to shares of the Fund so that we may verify that you continue to be eligible to submit a shareholder proposal for the Fund. We request that your response be postmarked, or transmitted via fax, no later than 14 days from the date you receive this notification.
Please direct all further correspondence with respect to this shareholder proposal to: Fund Shareholder Meetings, 245 Summer Street, Mailzone V10A, Boston, MA 02110 or (617) 385-1331 (fax).
This letter shall not be deemed to waive any right of the Fund to omit any proposal from the proxy materials for the Fund’s next shareholders’ meeting for any other reason.
Sincerely,
Scott C. Goebel
Secretary of the Trust
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Nechama Liss-Levinson
13 Church Street
Great Neck, NY 11023
June 3, 2010
Secretary of the Trust
Attention "Fund Shareholder Meetings"
82 Devonshire Street, Mailzone V10A
Boston, Massachusetts 02109
To the Secretary:
I am writing to submit the enclosed shareholder proposal to Fidelity's Blue Chip Value Fund and Freedom 2020 Fund for inclusion in their next proxy statements and for presentation at their next shareholder meetings. I hope that once this is on the ballot, you will take a favorable, or at least neutral, stance with regard to the proposal.
I hold 694 shares of the Blue Chip Value Fund and 6231 shares of the Freedom 2020 Fund in my Fidelity account number 224045403 in my name and address as listed above.
I am also enclosing a statement of my Fidelity account to confirm my ownership of said shares. I have continuously held at least $2,000 of these two funds for over a year and it is my intention to continue to do so.
Please confirm receipt of this cover letter and two shareholder proposals. If for any reason you choose to exclude this proposal from your proxy please notify me at the above address.
Other shareholders may have submitted this shareholder proposal in support of a campaign initiated by Investors Against Genocide. If another shareholder has already submitted the same proposal, please consider this a joint submission in support of his/her proposal.
Thank you for your consideration.
Sincerely,
Nechama Liss-Levinson
*
FIDELITY ABERDEEN STREET TRUST
Fidelity Freedom 2025 Fund
VIA OVERNIGHT MAIL
April 1, 2015
Judith S. Blanchard
3603 Dundee Driveway
Chevy Chase, MD 20815
Dear Ms. Blanchard:
Your shareholder proposal, dated June 18, 2010, was previously received in the principal executive offices of Fidelity Freedom 2025 Fund (the “Fund”), a series of Fidelity Aberdeen Street Trust (the “Trust”).
Rule 14a-8(b)(1) provides that in order to be eligible to submit a proposal for inclusion in a proxy statement for the Fund, a shareholder must have “continuously held at least $2,000 in market value, or 1%, of the company’s securities entitled to be voted on the proposal at the meeting for at least one year by the date [the shareholder] submit[s] the proposal and “must continue to hold those securities through the date of the meeting.” As required by Rule 14a-8(b)(2), you have provided a written statement that you “intend to meet Rule 14a-8 requirements including the continuous ownership of the required stock value until after the date of the respective shareholder meeting.”
Upon the receipt of your proposal, we verified that you initially met the eligibility requirements to submit a proposal pursuant to Rule 14a-8(b)(1). However, based on a review of the Fund’s records, we are unable to confirm that you continue to hold the amount of Fund shares required under Rule 14a-8(b)(1).
As provided by Rule 14a-8(b)(2), we request that you provide us with information about your holdings with respect to shares of the Fund so that we may verify that you continue to be eligible to submit a shareholder proposal for the Fund. We request that your response be postmarked, or transmitted via fax, no later than 14 days from the date you receive this notification.
Please direct all further correspondence with respect to this shareholder proposal to: Fund Shareholder Meetings, 245 Summer Street, Mailzone V10A, Boston, MA 02110 or (617) 385-1331 (fax).
This letter shall not be deemed to waive any right of the Fund to omit any proposal from the proxy materials for the Fund’s next shareholders’ meeting for any other reason.
Sincerely,
Scott C. Goebel
Secretary of the Trust
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Judith S. Blanchard
3603 Dundee Driveway
Chevy Chase, MD 20815
June 18, 2010
Secretary of the Trust
Attention "Fund Shareholder Meetings"
82 Devonshire Street, Mailzone V10A
Boston, Massachusetts 02109
To the Secretary:
I am writing to submit the enclosed shareholder proposals (4) to Fidelity's Capital and Income Fund (FAGIX), Freedom 2025 Fund(FFTWX), Diversified International Fund(FDIVX) and Select Health Care Portfolio(FSPHX) for inclusion in their next proxy statements and for presentation at their next shareholder meetings. I hope that once this is on the ballot, you will take a favorable, or at least neutral, stance with regard to the proposal.
I hold 3731 shares of Capital and Income Fund, 22,686 shares of Freedom 2025 Fund, 1025 shares of Diversified International Fund and 34 shares of Select Health Care Portfolio in my Fidelity account numbers Z49-153940 and 346-777951 in my name and address as listed above.
I am also enclosing a statement of my Fidelity account to confirm my ownership of said shares. I have continuously held at least $2,000 of these four funds for over a year and it is my intention to continue to do so.
Please confirm receipt of this cover letter and four shareholder proposals. If for any reason you choose to exclude this proposal from your proxy please notify me at the above address.
Other shareholders may have submitted this shareholder proposal in support of a campaign initiated by Investors Against Genocide. If another shareholder has already submitted the same proposal, please consider this a joint submission in support of his/her proposal.
Thank you for your consideration.
Sincerely,
Judith S. Blanchard
*
FIDELITY ADVISOR SERIES II
Fidelity Advisor Municipal Income Fund
VIA OVERNIGHT MAIL
April 1, 2015
Marjorie Moidel
4300 NW 30th Street, #443
Coconut Creek, FL 33066
Dear Ms. Moidel:
Your shareholder proposal, dated April 29, 2010, was previously received in the principal executive offices of Fidelity Advisor Municipal Income Fund (the “Fund”), a series of Fidelity Advisor Series II (the “Trust”).
Rule 14a-8(b)(1) provides that in order to be eligible to submit a proposal for inclusion in a proxy statement for the Fund, a shareholder must have “continuously held at least $2,000 in market value, or 1%, of the company’s securities entitled to be voted on the proposal at the meeting for at least one year by the date [the shareholder] submit[s] the proposal and “must continue to hold those securities through the date of the meeting.” As required by Rule 14a-8(b)(2), you have provided a written statement that you “intend to meet Rule 14a-8 requirements including the continuous ownership of the required stock value until after the date of the respective shareholder meeting.”
Upon the receipt of your proposal, we verified that you initially met the eligibility requirements to submit a proposal pursuant to Rule 14a-8(b)(1). However, based on a review of the Fund’s records, we are unable to confirm that you continue to hold the amount of Fund shares required under Rule 14a-8(b)(1).
As provided by Rule 14a-8(b)(2), we request that you provide us with information about your holdings with respect to shares of the Fund so that we may verify that you continue to be eligible to submit a shareholder proposal for the Fund. We request that your response be postmarked, or transmitted via fax, no later than 14 days from the date you receive this notification.
Please direct all further correspondence with respect to this shareholder proposal to: Fund Shareholder Meetings, 245 Summer Street, Mailzone V10A, Boston, MA 02110 or (617) 385-1331 (fax).
This letter shall not be deemed to waive any right of the Fund to omit any proposal from the proxy materials for the Fund’s next shareholders’ meeting for any other reason.
Sincerely,
Scott C. Goebel
Secretary of the Trust
*
Track your package or shipment with FedEx Tracking
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Ship (P/U) date
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Travel History
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Tracking number 583242388260
Service FedEx Priority Overnight
Delivered To Residence
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Total shipment weight 0.5 lbs / 0.23 kgs
Total pieces 1
Packaging FedEx Envelope
Shipper reference 08103
Special handling section Deliver Weekday, Residential Delivery
*
Marjorie Moidel
4300 NW 30th Street, #443
Coconut Creek, FL 33066
April 29, 2010
Fidelity Investments
Secretary of the Trust
Attention "Fund Shareholder Meetings"
82 Devonshire Street, Mailzone V10A
Boston, Massachusetts 02109
To the Secretary:
I am writing to submit the enclosed shareholder proposal to my Fidelity fund for inclusion in the next proxy statement and for presentation at the next shareholder meeting. I hope that once it is on the ballot, you will take a favorable, or at least neutral, stance with regard to the proposal.
The fund and the number of shares I own is:
Fidelity Advisor Municipal Income (FMPIX) 983 shares
I am also enclosing a statement of my Merrill Lynch account #863-13787 which confirms my ownership of said shares.
I have continuously held at least $2,000 of the fund for over a year and it is my intention to continue to do so.
Please confirm receipt of this cover letter and shareholder proposal. If for any reason you choose to exclude this proposal from your proxy please notify me at the above address.
Other shareholders may have submitted this shareholder proposal in support of a campaign initiated by Investors Against Genocide. If another shareholder has already submitted the same proposal, please consider this a joint submission in support of his/her proposal.
Thank you for your consideration.
Sincerely,
Marjorie C. Moidel
Marjorie Moidel
Trustee for the Moidel Revocable Trust
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