SEC Division of Investment Management staff letter: Lamp Technologies, Inc.

The staff of the Division of Investment Management and the Division of Corporation Finance agree not to recommend enforcement action if Lamp Technologies, Inc. posts information about private funds on its website without requiring a subscription fee or QEP status, provided access remains limited to accredited investors. This no-action relief confirms that such posting does not constitute general solicitation under Regulation D, a public offering under the Investment Company Act, or public holding out by investment advisers under the Advisers Act. The staff also clarifies that the fund structure may include domestic or foreign partnerships, limited liability companies, trusts, or other entities.

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May 29, 1998
J: V Al:L:;:.~..:L~. J: __._I..1~_L Our Ref. No. 98-123 RESPONSE OF TH OFFICE OF CHIF COUNSEL Lamp Technologies, Inc. DIVISION OF INSTMENT MAAGEMENT File No. 132-3 By letter dated Apri 27, 1998, you request assurance that the staff would not recommend that the Commssion take any enforcement action if certain information concernng privately offered investment companies ("private funds") is posted on a web site administered by Lamp Technologies, Inc. ("Lamp") that is operated as described in your May 6, 1997 letter (the "Original Letter") and the response of the Division of

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