Form 40-APP/A Filings

What is the Form 40-APP/A?

SEC Form 40‑APP/A is an amended application filed under the Investment Company Act of 1940. It is used when companies need to revise, supplement, or restate a previously submitted Form 40‑APP request for an SEC order granting exemptions or other regulatory relief. These filings are part of the broader Mutual Fund and ETF Filings framework that investors and compliance teams monitor to track exemptive relief applications and amendments.

This form typically includes amended narrative disclosures describing the relief requested, the legal basis for the request, supporting facts about the applicants and the proposed structure, and updates to terms, representations, or conditions. Because it amends an existing application, researchers may review the underlying Form 40-APP alongside the amendment to understand how the requested relief or proposed conditions changed during SEC review.

Applicants may file Form 40-APP/A to address SEC staff comments, reflect changes in the applicant’s structure or business, or clarify how the requested order would operate.

Some of the main components of a 40-APP/A include:

• Updated description of the applicants and the requested SEC order
• Revised legal and factual basis for the exemptive relief under the 1940 Act
• Amended terms, representations, and conditions supporting the application
• Responses to SEC staff comments or requests for clarification
• Any updated exhibits or supporting materials included with the amendment

Other investment company transactions may involve amendments to different registration statements. Form N-14/A can be reviewed when researching amendments associated with certain investment company mergers, reorganizations, and other securities transactions.

SEC Form 40-APP/A Filing Deadlines

SEC Form 40-APP/A is an amendment to an application-based filing submitted under the Investment Company Act of 1940. Because it is filed to update or restate an existing application, there is no fixed statutory deadline, and it is generally submitted as needed based on SEC review, applicant updates, or changes to the requested relief.

Form N-6/A may also appear in the filing histories of certain variable life insurance separate accounts when amendments are made to an existing Form N-6 registration statement, although it serves a different regulatory purpose from Form 40-APP/A.

Key Things to Know About 40-APP/A Filing Rules

• Extension Option: Not applicable.
• Deadline Basis: Filings are made on an application and amendment basis, typically in response to SEC review, staff comments, or material updates to the original Form 40-APP request.
• Purpose of Form 40-APP/A: It updates or restates an Investment Company Act application seeking an SEC order for exemption or other relief, ensuring the Commission has current information to evaluate the request.
• Application-Based Filing: Form 40-APP/A is tied to a previously submitted exemptive application rather than a recurring annual or quarterly reporting requirement.

Researchers reviewing amended applications may need to compare multiple submissions and related SEC records. How to Search EDGAR Filings guides locating filings, reviewing amendment histories, and navigating related disclosure records in EDGAR.