Headnote National Policy 11-203 Process of Exemptive Relief Applications in Multiple Jurisdictions – relief from section 2.3(1) of National Instrument 41-101 General Prospectus Requirements to permit filing a final prospectus more than 90 days after the date of receipt for the preliminary prospectus.
Applicable Legislative Provisions National Instrument 41-101 General Prospectus Requirements, sections 2.3(1), 19.1.
Ontario Commission des P.O. Box 55, 19th Floor CP 55, 19e étage
Securities valeurs mobilières 20 Queen Street West 20, rue queen ouest
Commission de l’Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8
Web site: www.osc.gov.on.ca
VIA SEDAR
February 17, 2011
Aird & Berlis LLP
Attention: Jennifer Wainwright
Dear Madame:
Re: Artemis Investment Management Limited (the Manager), Omega Advisors U.S. Capital Appreciation Fund (the Fund)
Exemptive Relief Application under Section 19.1 of National Instrument 41-101 General Prospectus Requirements (NI 41-101)
Application No. 2011/0110, SEDAR Project No. 1659171
By letter dated February 8, 2011, (the Application), the Manager applied on behalf of the Fund to the Director of the Ontario Securities Commission (the Director) pursuant to section 19.1 of NI 41-101 for relief from the operation of subsection 2.3(1) of NI 41-101, which prohibits an issuer from filing a prospectus more than 90 days after the date of the receipt for the preliminary prospectus.
This letter confirms that, based on the information and representations made in the Application, and for the purposes described in the Application, the Director grants the requested exemption to be evidenced by the issuance of a receipt for the Fund’s prospectus, provided the Fund’s final prospectus is filed no later than March 31, 2011.
Yours very truly,
“Darren McKall”
Darren McKall
Assistant Manager, Investment Funds Branch