UNITED STATES OF AMERICA

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 97668 / June 8, 2023

ADMINISTRATIVE PROCEEDING

File No. 3-20060

In the Matter of

Bayerische Motoren Werke

Aktiengesellschaft, BMW of North

America, LLC and BMW US

Capital, LLC,

Respondents.

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ORDER EXTENDING TIME TO

ENTER ORDER APPROVING OR

DISAPPROVING PLAN OF

DISTRIBUTION

On April 21, 2023, pursuant to Rule 1103 of the United States Securities and Exchange

Commission’s Rules on Fair Fund and Disgorgement Plans (the “Commission’s Rules”), 17 C.F.R.

§ 201.1103, the Commission published a Notice of Proposed Plan of Distribution and Opportunity to

Comment (“Notice”)1 for the distribution of monies placed into a Fair Fund in the above-captioned

matters. The Notice invited public comment on the proposed plan of distribution (“Plan”) through

May 22, 2023, and the Commission received one public comment that raised various issues (the

“Comment”).

Rule 1104 of the Commission’s Rules, 17 C.F.R. § 201.1104, provides in relevant part,

“[t]he order approving or disapproving the plan should be entered within 30 days after the end of

the final period allowed for comments on the proposed plan unless the Commission or the

hearing officer, by written order, allows a longer period for good cause shown.”

1

Exchange Act Rel. No. 97345 (Apr. 21, 2023).

Thirty days from the end of the final period for comments on the Plan will lapse on June

21, 2023. The Division states additional time is needed to present its recommendation to the

Commission regarding the Comment and the Plan, and therefore, good cause has been shown to

enter an order extending time to approve or disapprove the Plan until October 31, 2023.

Accordingly, IT IS ORDERED that pursuant to Rule 1104 of the Commission’s Rules,2

for good cause shown, the time for entering an order approving or disapproving the Plan is

extended to October 31, 2023.

For the Commission, by its Secretary, pursuant to delegated authority.3

Vanessa A. Countryman

Secretary

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17 C.F.R. § 201.1104.

17 C.F.R. § 200.30-4(a)(21)(i).

2