Securities Act File No. 333-158015
As filed with the Securities and Exchange Commission on May 1, 2009
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM N-14
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [X]
Pre-Effective Amendment No. 2 [X]
Post-Effective Amendment No. [_]
RYDEX VARIABLE TRUST
(Exact Name of Registrant as Specified in Charter)
9601 Blackwell Road, Suite 500, Rockville, Maryland 20850
(Address of Principal Executive Offices) (Zip Code)
(301)296-5100
(Registrant's Area Code and Telephone Number)
Richard Goldman
9601 Blackwell Road, Suite 500
Rockville, Maryland 20850
(Name and Address of Agent for Service of Process)
Copies to:
Richard Goldman John McGuire
9601 Blackwell Road Morgan, Lewis & Bockius LLP
Suite 500 1111 Pennsylvania Avenue, NW
Rockville, MD 20850 Washington, DC 20004
Approximate Date of Proposed Public Offering: As soon as practicable after this
Registration Statement becomes effective.
No filing fee is required because an indefinite number of shares have previously
been registered pursuant to Rule 24f-2 under the Investment Company Act of 1940,
as amended.
The Registrant hereby amends this Registration Statement on such date or dates
as may be necessary to delay its effective date until the Registrant shall file
a further amendment that specifically states that this Registration Statement
shall thereafter become effective in accordance with Section 8(a) of the
Securities Act of 1933 or until the Registration Statement shall become
effective on such date as the Commission, acting pursuant to said Section 8(a),
may determine.
This Pre-Effective Amendment No. 2 to the Registration Statement on Form N-14 is
being filed for the sole purpose of delaying the effectiveness of the
Registrant's previously filed initial Registration Statement filed on Form N-14
on March 16, 2009. This Pre-Effective Amendment incorporates by reference the
information contained in Parts A, B, and C of the initial Registration Statement
on Form N-14 under the Securities Act of 1933, as filed with the Commission on
March 16, 2009.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, as amended, the
Registrant has duly caused this Registration Statement on Form N-14 to be signed
on its behalf by the undersigned, thereunto duly authorized, in the City of
Rockville, State of Maryland on the 1st day of May, 2009.
RYDEX VARIABLE TRUST
By: *
-------------------------------
Carl G. Verboncoeur
President
Pursuant to the requirements of the Securities Act of 1933, as amended, this
Registration Statement has been signed below by the following persons in the
capacities and on the dates indicated.
SIGNATURE TITLE DATE
--------- ----- ----
* President and Chief Executive Officer May 1, 2009
---------------------------
Carl G. Verboncoeur
* Member of the Board of Trustees May 1, 2009
---------------------------
J.Kenneth Dalton
* Member of the Board of Trustees May 1, 2009
---------------------------
John O. Demaret
* Member of the Board of Trustees May 1, 2009
---------------------------
Patrick T. McCarville
* Member of the Board of Trustees May 1, 2009
---------------------------
Roger Somers
* Member of the Board of Trustees May 1, 2009
---------------------------
Corey A. Colehour
/s/ Michael P. Byrum Member of the Board of Trustees May 1, 2009
---------------------------
Michael P. Byrum
* Member of the Board of Trustees May 1, 2009
---------------------------
Werner E. Keller
SIGNATURE TITLE DATE
--------- ----- ----
* Member of the Board of Trustees May 1, 2009
---------------------------
Thomas F. Lydon
/s/ Nick Bonos Vice President and Treasurer May 1, 2009
---------------------------
Nick Bonos
By: /s/ Michael P. Byrum
-----------------------
Michael P. Byrum
Attorney-in-Fact*
* Attorney-in-Fact pursuant to powers of attorney for Werner E. Keller,
Thomas F. Lydon, Corey A. Colehour, J. Kenneth Dalton, John O. Demaret,
Patrick T. McCarville, Roger Somers, and Carl G. Verboncouer which are
filed herewith.
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee,
president and chief executive officer of Rydex Series Funds, Rydex Dynamic
Funds, Rydex Variable Trust, and Rydex ETF Trust (each a "Trust" and
collectively, the "Trusts"), each a statutory trust organized under the laws of
the State of Delaware, hereby constitutes and appoints Nick Bonos and Michael P.
Byrum, and each of them singly, his true and lawful attorneys-in-fact and agents
with full power of substitution and resubstitution, to sign for him and in his
name, place and stead, and in the capacity indicated below, to sign any and all
Registration Statements and all amendments thereto relating to the offering of
the Trusts' shares under the provisions of the Investment Company Act of 1940,
as amended and/or the Securities Act of 1933, as amended, and to file the same,
with all exhibits thereto, and other documents in connection therewith, with the
U.S. Securities and Exchange Commission, granting unto said attorneys-in-fact
and agents, and each of them, acting alone, full power and authority to do and
perform each and every act and thing requisite or necessary to be done in and
about the premises, as fully to all intents and purposes as he might or could do
in person, hereby ratifying and confirming all that said attorneys-in-fact and
agents or any of them, or their substitute or substitutes, may lawfully do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ CARL G. VERBONCOEUR
----------------------------
Name: Carl G. Verboncoeur
Title: Trustee, President, and Chief Executive Officer
Date: 3/4/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ COREY A. COLEHOUR
--------------------------
Name: Corey A. Colehour
Title: Trustee
Date: 2/26/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ J. KENNETH DALTON
--------------------------
Name: J. Kenneth Dalton
Title: Trustee
Date: 2/25/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ JOHN O. DEMARET
------------------------
Name: John O. Demaret
Title: Trustee
Date: 2/26/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ WERNER E. KELLER
-------------------------
Name: Werner E. Keller
Title: Trustee
Date: 2/26/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ PATRICK T. MCCARVILLE
------------------------------
Name: Patrick T. McCarville
Title: Trustee
Date: 2/26/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ THOMAS F. LYDON, JR.
-----------------------------
Name: Thomas F. Lydon, Jr.
Title: Trustee
Date: 2/26/2009
RYDEX SERIES FUNDS
RYDEX DYNAMIC FUNDS
RYDEX VARIABLE TRUST
RYDEX ETF TRUST
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned trustee of
Rydex Series funds, Rydex Dynamic Funds, Rydex Variable Trust, and Rydex ETF
Trust (each a "Trust" and collectively, the "Trusts"), each a statutory trust
organized under the laws of the State of Delaware, hereby constitutes and
appoints Nick Bonos and Michael P. Byrum, and each of them singly, his true and
lawful attorneys-in-fact and agents with full power of substitution and
resubstitution, to sign for him and in his name, place and stead, and in the
capacity indicated below, to sign any and all Registration Statements and all
amendments thereto relating to the offering of the Trusts' shares under the
provisions of the Investment Company Act of 1940, as amended and/or the
Securities Act of 1933, as amended, and to file the same, with all exhibits
thereto, and other documents in connection therewith, with the U.S. Securities
and Exchange Commission, granting unto said attorneys-in-fact and agents, and
each of them, acting alone, full power and authority to do and perform each and
every act and thing requisite or necessary to be done in and about the premises,
as fully to all intents and purposes as he might or could do in person, hereby
ratifying and confirming all that said attorneys-in-fact and agents or any of
them, or their substitute or substitutes, may lawfully do or cause to be done by
virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal
as of the date set forth below.
/s/ ROGER SOMERS
---------------------
Name: Roger Somers
Title: Trustee
Date: 2/26/2009