RegAlert2013-12-31
Added · Updated
SEC Division of Investment Management staff letter: The Mexico Fund, Inc.
The Fund requests assurance that the Staff will not recommend enforcement action under Sections 5(b) and 6(a) of the Securities Act if it uses Rule 486(b) to file post-effective amendments to its shelf registration statement. The Fund, a closed-end management investment company, seeks to update financial statements or make non-material changes immediately upon filing, rather than waiting for Staff declaration of effectiveness. The Fund represents that filings will comply with Rule 486(b) conditions and that shares will be sold at a price no lower than net asset value plus commissions. The Staff's assurance allows the Fund to maintain a continuously effective registration statement for delayed or continuous offerings.
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1900 K Street, NW
Washington, DC 20006-1110 Dechert +1 202 261 3300 Main LLP December 31, 2013 VIA E-MAIL AND OVERNIGHT DELIVERY Mr. Douglas Scheidt, Esq. Associate Director and Chief Counsel Division of Investment Management United States Securities and Exchange Commission I 00 F Street, N.E. Washington, DC 20549 +1 202 261 3333 Fax www.dechert.com SANDER M. BIEBER sander.bieber@dechert.com +1 202 261 3308 Direct +1 202 261 3008 Fax Re: Request for No-Action Assurance Regarding the Application of Section 5(b) and Section 6(a) ofthe Securities Act of 1933 with Respect to The Mexico Fund, Inc. (the "Fund") Dear Mr. Scheidt:
On behalf of the Fund, we seek assurance that the staff of the Division of Investment Management (the "Staff') will not recommend to the Securities and Exchange Commission (the "Commission") enforcement action against the Fund under Section 5(b) or Section 6(a) of the Securities Act of 1933, as amended (the "Securities Act"), ifthe Fund utilizes Rule 486(b) under the Securities Act to file post-effective amendments to its registration statement in satisfaction of the undertakings contained in its registration statement under the circumstances set forth in this letter.
I. Background
The Fund is a closed-end management investment company that is registered under the Investment Company Act of 1940, as amended (the "Investment Company Act"). The Fund's shares of common stock are registered under Section 12(b) of the Securities Exchange Act of 1934, as amended, and are listed and traded on the New York Stock Exchange (''NYSE"). Impulsora del Fondo Mexico, S.C. ("lmpulsora") serves as the Fund's investment adviser. The Fund has a fiscal year end of October 31. The Fund has filed and had declared effective by the Commission a shelf registration statement on Form N-2 pursuant to which it has registered, and may issue, shares of common stock in accordance with the terms of Rule 415(a)(l)(x) under the 18624527.10 US Austin Boston Charlotte Hartford Los Angeles New York Orange County Philadelphia Princeton San Francisco Silicon Valley Washington DC EUROPE Brussels Dublin Frankfurt London Luxembourg Moscow Munich Paris ASIA Beijing Hong Kong
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