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U.S SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 24F-2
ANNUAL NOTICE OF SECURITIES SOLD
PURSUANT TO RULE 24F-2
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1. Name and address of issuer: The Fairmont Fund Trust
1346 South Third St.
Louisville, KY 40208
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2. Name of each series or class of funds for which this notice is filed:
The Fairmont Fund series
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3. Investment Company Act File Number: 811-3139
Securities Act File Number: 2-70825
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4. Last day of fiscal year for which this notice is filed: December 31, 1996
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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:
[ ]
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6. Date of termination of issuer's declaration under rule 24f-2(a)(1), if
applicable (see Instruction A.6):
N/A
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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
24f-2 in a prior fiscal year, but which remained unsold at the begininng of
the fiscal year:
2,688,288
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8. Number and amount of securities registered during the fiscal year other
than pursuant to rule 24f-2:
NONE
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9. Number and aggregate sale price of securities sold during the fiscal year:
210,418 $5,754,826
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10. Number and aggregate sale price of securities sold during the fiscal year
in reliance upon registration pursuant to rule 24f-2:
92,010 $2,633,953
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11. Number and aggregate sale price of securities issued during the fiscal year
in connection with dividend reinvestment plans, if applicable (see
Instruction B.7):
N/A
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12. Calculation of registration fee:
(i) Aggregate sale price of securities sold during the
fiscal year in reliance on rule 24f-2 (from Item 10): $ 2,633,953
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(ii) Aggregate price of shares issued in connection with
dividend reinvestment plans (from Item 11, if
applicable): + N/A
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(iii) Aggregate price of shares redeemed or repurchased
during the fiscal year (if applicable): - 2,633,953
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(iv) Aggregate price of shares redeemed or repurchased
and previously applied as a reduction to filing fees
pursuant to rule 24e-2 (if applicable): + N/A
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(v) Net aggregate price of securities sold and issued
during the fiscal year in reliance on rule 24f-2
[line (i), plus line (ii), less line (iii), plus line
(iv)] (if applicable): 0
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(vi) Multiplier prescribed by Section 6(b) of the Securities
Act of 1933 or other applicable law or regulation (see x 1/3300
Instruction C.6): --------------
(vii) Fee due [line (i) or line (v) multiplied by line (vi)]: $ 0.00
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13. Check box if fees are being remitted to the Commission's lockbox depository
as described in section 3a of the Commission's Rules of Informal and Other
Procedures (17 CFR 202.3a).
[ ]
Date of mailing or wire transfer of filing fees to the Commission's lockbox
depository:
N/A
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SIGNATURES
This report has been signed below by the following persons on behalf of the
issuer and in the capacities and on the dates indicated.
By (Signature and Title) Louis T. Young
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Treasurer
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Date 2/26/97
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The Fairmont Fund Trust
1346 South Third Street
Louisville, Kentucky 40208
Gentlemen:
This letter is in response to your request for our opinion in connection
with the Rule 24f-2 Notice for the Trust for the fiscal year ended December 31,
1996.
We have examined a copy of (a) the Trust's Agreement and Declaration of
Trust and amendments thereto, (b) the Trust's By-Laws and amendments thereto,
and (c) all such agreements, certificates of public officials, certificates of
officers and representatives of the Trust and others, and such other documents,
papers, statutes and authorities as we deem necessary to form the basis of the
opinion hereinafter expressed. We have assumed the genuineness of the
signatures on original documents submitted to us, the conformity to executed
documents of all unexecuted copies submitted to us and the conformity to the
original of all copies submitted to us as conformed or copied documents.
Insofar as the opinions contained herein involve matters of the laws of
the Commonwealth of Kentucky, they are based solely on the opinion of John S.
Greenebaum, P.S.C., a copy of which is attached hereto.
Based upon the foregoing, we are of the opinion that the shares of the
Trust, the registration of which the Form makes definite in number, if issued
in accordance with the Prospectus and Statement of Additional Information of
the Trust, were legally issued, full paid and non-assessable.
We herewith give you our permission to file this opinion with the
Securities and Exchange Commission as an exhibit to the Form referred to
above.
Very truly yours,
BROWN, CUMMINS & BROWN CO., L.P.A.
BCB/jh
February 18, 1997
The Fairmont Fund Trust
1346 South Third Street
Louisville, Kentucky 40208
RE: Rule 24(f)-2 Notice for The Fairmont Fund Trust
File No. 2-70825
Gentlemen:
This letter is in response to your request for our opinion in connection
with the Rule 24(f)-2 Notice (the "Notice") for The Fairmont Fund Trust (the
"Fund") for the year beginning January 1, 1996 and ending December 31, 1996.
We have examined the following documents of the Fund:
(a) Agreement and Declaration of Trust of the Fund dated December 29,
1980;
(b) Amendments to said Agreement and Declaration of Trust filed on
June 1, 1981, May 17, 1984, October 31, 1986, May 2, 1988, and
September 24,1990;
(c) By-Laws of the Fund as amended;
(d) Minutes of the Fund reflecting various actions by the Trustees and
Shareholders thereof;
(e) Applicable certificates of public officials and other officers and
representatives of the Fund; and
(f) Such other documents, papers, statutes and authorities as we deem
necessary to form the basis of the opinion hereinafter expressed.
We have assumed the genuineness of any signatures and the conformity to
original documents of copies represented to us to be accurate copies of such
documents.
Based on the foregoing, we are of the opinion that shares of The
Fairmont Fund Series of the Fund, the registration of which the Notice makes
definite, if issued in accordance with the prospectus and additional statement
of the Fund, were legally issued, fully paid, and non-assessable under
Kentucky law.
We give you our permission to file this opinion with the Securities and
Exchange Commission as an exhibit to the Notice.
Sincerely,
/s/John S. Greenebaum
John S. Greenebaum
