Securities and Exchange Commission
Washington. D.C. 20549
FORM N-54A
NOTIFICATION OF ELECTION TO BE SUBJECT TO SECTIONS 55
THROUGH 65 OF THE INVESTMENT COMPANY ACT OF 1940 FILED
PURSUANT TO SECTION 54(a) OF THE ACT
The undersigned business development company hereby notifies the
Securities and Exchange Commission that it elects, pursuant to the
provisions of section 54(a) of the Investment Company Act of 1940 (the
"Act"), to be subject to the provisions of sections 55 through 65 of the
Act and, in connection with such notification of election, submits the
following information:
NAME: Excelsior Private Equity Fund III, LLC
ADDRESS OF PRINCIPAL BUSINESS OFFICE (NO. & STREET, CITY, STATE, ZIP CODE):
114 West 47th Street, New York, New York 10036-1532
TELEPHONE NUMBER (INCLUDING AREA CODE): (212) 852-3125
NAME AND ADDRESS OF AGENT FOR SERVICE OF PROCESS:
David I. Fann, Excelsior Private Equity Fund III, LLC,
114 West 47th Street, New York, New York 10036-1532
CHECK ONE OF THE FOLLOWING:
[X] The company has filed a registration statement for a class of equity
securities pursuant to section 12 of the Securities Exchange Act of 1934.
Give the file number of the registration statement or, if the file number
is unknown or has not yet been assigned, give the date on which the
registration statement was filed: February 23, 2000
[ ] The company is relying on rule 12g-2 under the Securities Exchange Act
of 1934 in lieu of filing a registration statement for a class of equity
securities under that Act.
The file number of the registration as an investment company
pursuant to section 8(a) of the Act, if any, of the company:
The file number of the registration as an investment company
pursuant to section 8(a) of the Act, if any, of any subsidiary of the
company:
The undersigned company certifies that it is a closed-end company
organized under the Limited Liability Company Act of Delaware and with its
principal place of business in New York, that it will be operated for the
purpose of making investments in securities described in sections 55(a)(1)
through (3) of the Act; and that it will make available significant
managerial assistance with respect to issuers of such securities to the
extent required by the Act.
Pursuant to the requirements of the Act, the undersigned company
has caused this notification of election to be subject to sections 55
through 65 of the Investment Company Act of 1940 to be duly signed on its
behalf in the city of New York and state of New York on the 23rd day of
February, 2000.
[SEAL]
Signature Excelsior Private Equity Fund III, LLC
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(Name of Company)
By: /s/ David I. Fann
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(Name of director, officer or general
partner signing on behalf of the company)
Manager, President and Co-Chief
Executive Officer
---------------------------------------------
(Title)
Attest: /s/ James F. Dorment
--------------------------
Name
Manager and Corporate Secretary
-------------------------------
(Title)
