-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, MxNoelwMXWZ0IORTCcJQNJ0TNVri3Mwhe1rWJ+n1legZQaw9/nRTHlmAMUFIV2iv LX2UCmoFYg6O9kJiGqohhQ== 0000898445-96-000003.txt : 19960304 0000898445-96-000003.hdr.sgml : 19960304 ACCESSION NUMBER: 0000898445-96-000003 CONFORMED SUBMISSION TYPE: 24F-2NT PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19951231 FILED AS OF DATE: 19960229 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: KEYPORT VARIABLE INVESTMENT TRUST CENTRAL INDEX KEY: 0000898445 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 24F-2NT SEC ACT: 1933 Act SEC FILE NUMBER: 033-59216 FILM NUMBER: 96529538 BUSINESS ADDRESS: STREET 1: FEDERAL RESERVE PLZ STREET 2: 600 ATLANTIC AVE CITY: BOSTON STATE: MA ZIP: 02210-2214 BUSINESS PHONE: 6177226000 MAIL ADDRESS: STREET 1: 600 ATLANTIC AVENUE CITY: BOSTON STATE: MA ZIP: 02210 24F-2NT 1 Rule 24f-2 Notice Keyport Variable Investment Trust File #33-59216 1. Keyport Variable Investment Trust One Financial Center Boston, MA 02111 2. Name of each series or class of funds for which this notice is filed: Colonial-Keyport Growth and Income Fund Colonial-Keyport Utilities Fund Colonial-Keyport International Fund for Growth Colonial-Keyport Strategic Income Fund Colonial-Keyport US Fund for Growth Newport-Keyport Tiger Fund 3. Investment Company Act File # 811-7556 Securities Act File Number # 33-59216 4. Last day of fiscal year for which this notice is filed: 12/31/95 5. Check box if this notice is being filed more than 180 days after the close of the issuer's fiscal year for purposes of reporting securities sold after the close of the fiscal year but before termination of the issuer's 24f-2 declaration. 6. Date of termination of issuer's declaration under rule 24-f2(a)(1),if applicable: 7. Number and amount of securities of the same class or series which had been registered under the Securities Act of 1933 other than pursuant to rule 24-f2 in a prior fiscal year, but which remained unsold at the beginning of the fiscal year: 0 8. Number and amount of securities registered during the fiscal year other than pursuant to rule 24f-2: 0 9. Number and aggregate sale price of securities sold during the fiscal year: Shares 0 Dollars $ 0 10. Number and aggregate sale price of securities sold during the fiscal year in reliance upon registration pursuant to rule 24f-2: Shares 0 Dollars $ 0 11. Number and aggregate sale price of securities issued during the fiscal year in connection with dividend reinvestment plans, if applicable: (Included in Item 10) 12. Calculation of registration fee: (i) Aggregate sale price of securities sold during the fiscal year in reliance on rule 24f-2: $ 0 (ii) Aggregate price of shares issued in connection with dividend reinvestment plans: (Included in 12 (i) above) (iii) Aggregate price of shares redeemed or repurchased during the fiscal year: $ 0 (iv) Aggregate price of shares redeemed or repurchased and previously applied as a reduction to filing fees pursuant to rule 24e-2: 0 (v) Net aggregate price of securities sold and issued during the fiscal year in reliance on rule 24f-2: $ 0 (vi) Multiplier prescribed by Section 6(b) of the Securities Act of 1933 or other applicable law or regulation: 0.00034482758 (vii)Fee due:* $ 0 13. Date of Mailing or wire transfer of filing fee to the Commission's lockbox depository 02/29/96 This report has been signed below by the following persons on behalf of the issuer and in the capacities and on the date indicated. * The funds are not responsible for a minimum fee per Caroline Miller at the SEC (2/27/96) By ________________________ Peter L. Lydecker Vice President February 29, 1996 February 29, 1996 Keyport Variable Investment Trust Federal Reserve Plaza 600 Atlantic Avenue Boston, Massachusetts 02110 Ladies and Gentlemen: Keyport Variable Investment Trust, a Massachusetts business trust (the "Trust"), is filing with the securities and Exchange Commission a Rule 24f-2 Notice (the "Notice") on behalf of its various series (the "Funds") containing the information specified in paragraph (b)(1) of Rule 24f-2 under the Investment Company Act of 1940 (the "Rule"). The Trust has previously filed a Registration statement under the Securities Act of 1933 (File No. 33-59216) (the "Registration Statement") containing the declaration authorized by paragraph (a) (1) of the Rule to the effect that an indefinite number of shares of beneficial interest of the Trust without par value (the "Shares") was being registered by the Registration Statement. I am a Vice President and Associate General Counsel of Liberty Financial Companies, Inc., which is the parent holding company for the investment advisors and the administrator to the Trust. I also am an Assistant Secretary of the Trust. The effect of the Notice, when accompanied by (i) the filing fee, if any, payable as prescribed by paragraph (c) of the Rule and (ii) this Opinion, will be to make definite in number the number of shares sold by the various Funds of the Trust during the fiscal year ended December 31, 1995 in reliance upon the Rule (the "Rule 24f-2 Shares"). I have examined copies, either certified or otherwise proven to my satisfaction to be genuine, of the Trust's Agreement and Declaration of Trust as now in effect, the minutes of meetings of Trustees of the Trust and other documents relating to the organization and operation of the Trust. I have also reviewed the Registration Statement and the form of the Rule 24f-2 Notice being filed by the Trust, and am generally familiar with the business affairs of the Trust. The Trust has advised me that the Rule 24f-2 Shares were sold in the manner contemplated by the Trust's current prospectus at the time of sale, and that the Rule 24f-2 Shares were sold for a consideration not less than the net asset value thereof as required by the Investment Company Act of 1940. I am a member of the Bar of The Commonwealth of Massachusetts, and the opinion rendered below are limited to the laws of Massachusetts. Based upon the foregoing, it is my opinion that: The Trust has been duly organized and is legally existing under the laws of The Commonwealth of Massachusetts. The Trust is authorized to issue an unlimited number of Shares. The Rule 24f-2 Shares were legally issued and are fully paid and non-assessable (except that as to 32,008.431 shares of the Colonial-Keyport International Fund for Growth, 7,272.660 shares of the Colonial-Keyport Utilities Fund, 7,963.497 shares of the Colonial-Keyport Growth and Income Fund, 11,958.634 shares of the Colonial-Keyport U.S. Fund for Growth, 668,868 shares of the Colonial-Keyport Strategic Income Fund, and 29,346.502 shares of the Newport-Keyport Tiger Fund, payment had not been received and was not then due in ordinary course of business as of December 31, 1995). However, I note that as set forth in the Registration Statement, shareholders of the Trust might, under certain circumstances, be liable for transactions effected by the Trust. I hereby consent to the filing of this opinion with the Securities and Exchange Commission together with the Rule 24f-2 Notice of the Trust, and to the filing of this opinion under the securities laws of any state where such filing may be necessary. Sincerely, /S/ KEVIN M. CAROME Kevin M. Carome Vice President and Associate General Counsel Liberty Financial Companies, Inc. -----END PRIVACY-ENHANCED MESSAGE-----