<PAGE> 1
AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON AUGUST 1, 1995
REGISTRATION NOS. 33-4410
811-4629
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-1A
<TABLE>
<CAPTION>
REGISTRATION STATEMENT UNDER
THE SECURITIES ACT OF 1933 /X/
<S> <C>
Post-Effective Amendment No. 33 /X/
and
REGISTRATION STATEMENT UNDER
THE INVESTMENT COMPANY ACT OF 1940 /X/
Amendment No. 34 /X/
</TABLE>
VAN KAMPEN AMERICAN CAPITAL TRUST
(Exact Name of Registrant as Specified in Agreement and Declaration of Trust)
One Parkview Plaza, Oakbrook Terrace, Illinois 60181
(Address of Principal Executive Offices)
(708) 684-6000
(Registrant's Telephone Number)
Ronald A. Nyberg, Esq.
Executive Vice President,
General Counsel and Secretary
Van Kampen American Capital, Inc.
One Parkview Plaza
Oakbrook Terrace, Illinois 60181
(Name and Address of Agent for Service)
Copy to:
Wayne W. Whalen, Esq.
Thomas A. Hale, Esq.
Skadden, Arps, Slate, Meagher & Flom
333 West Wacker Drive
Chicago, Illinois 60606
(312) 407-0700
------------------------
Approximate Date of Proposed Public Offering: As soon as practicable
following effectiveness of this Registration Statement.
It is proposed that this filing will become effective: (check appropriate
box)
/ / immediately upon filing pursuant to paragraph (b)
/X/ on August 25, 1995 pursuant to paragraph (b)
/ / 60 days after filing pursuant to paragraph (a)(1)
/ / on (date) pursuant to paragraph (a)(1) of Rule 485.
/ / 75 days after filing pursuant to paragraph (a)(2)
/ / on (date) pursuant to paragraph (a)(2) of Rule 485
If appropriate check the following:
/X/ this post-effective amendment designates a new effective date for
a previously filed post-effective amendment.
Declaration Pursuant to Rule 24f-2
Registrant has registered an indefinite number of shares and will file with
the Securities and Exchange Commission a Rule 24f-2 notice for its fiscal year
ending June 30, 1995 on or before August 31, 1995.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
<PAGE> 2
EXPLANATORY NOTE
The purpose of this Post-Effective Amendment No. 33 to the Registrant's
Registration Statement is to delay the effectiveness pursuant to Rule 485(b) of
Van Kampen American Capital Short-Term Global Income Fund, a series of the
Registrant, previously filed on June 2, 1995 pursuant to Rule 485(a)(1) included
in Post-Effective Amendment No. 31 to the Registration Statement. The Prospectus
and Statement of Additional Information with respect to Van Kampen American
Capital Short-Term Global Income Fund, included in Post-Effective Amendment No.
31 to the Registration Statement are incorporated herein in their entirety and
no changes to the Prospectus and Statement of Additional Information are
affected by this Post-Effective Amendment No. 33.
The Registration Statement is organized as follows:
Facing Page
Explanatory Note
Part C Information
Exhibits
The Prospectus and Statement of Additional Information with respect
to Van Kampen American Capital Adjustable Rate U.S. Government Fund, a
series of the Registrant, included in Post-Effective Amendment No. 32 to
the Registration Statement are incorporated herein by reference in their
entirety and no changes to the Prospectus or Statement of Additional
Information are effected by this Post-Effective Amendment No. 33.
The Prospectus and Statement of Additional Information with respect
to Van Kampen American Capital Emerging Markets Income Fund, a series of
the Registrant, included in Post-Effective Amendment No. 27 to the
Registration Statement are incorporated herein by reference in their
entirety and no changes to the Prospectus or Statement of Additional
Information are effected by this Post-Effective Amendment No. 33.
The Prospectuses and Statements of Additional Information with
respect to Van Kampen American Capital High Yield Fund and Van Kampen
American Capital Strategic Income Fund, each a series of the Registrant,
included in Post-Effective Amendment No. 30 to the Registration Statement
are incorporated herein by reference in their entirety and no changes to
the Prospectuses or Statements of Additional Information are effected by
this Post-Effective Amendment No. 33.
<PAGE> 3
VAN KAMPEN AMERICAN CAPITAL SHORT-TERM GLOBAL INCOME FUND,
A SERIES OF
VAN KAMPEN AMERICAN CAPITAL TRUST
CROSS REFERENCE SHEET
(AS REQUIRED BY ITEM 501(B) OF REGULATION S-K)
<TABLE>
<CAPTION>
ITEM NUMBER OF LOCATION OR CAPTION
FORM N-1A IN PROSPECTUS
---------------------------------- -----------------------------------------------------------
<C> <S> <C>
PART A INFORMATION REQUIRED IN A PROSPECTUS
Item 1. Cover Page............. Cover Page
Item 2. Synopsis............... PROSPECTUS SUMMARY; SHAREHOLDER TRANSACTION EXPENSES;
ANNUAL FUND OPERATING EXPENSES AND EXAMPLE
Item 3. Condensed Financial
Information.......... SHAREHOLDER TRANSACTION EXPENSES; ANNUAL FUND OPERATING
EXPENSES AND EXAMPLE; FINANCIAL HIGHLIGHTS; FUND
PERFORMANCE; ADDITIONAL INFORMATION
Item 4. General Description of
Registrant........... PROSPECTUS SUMMARY; THE FUND; INVESTMENT OBJECTIVE AND
POLICIES; INVESTMENT PRACTICES DESCRIPTION OF SHARES OF THE
FUND
Item 5. Management of the
Fund................. ANNUAL FUND OPERATING EXPENSES AND EXAMPLE; INVESTMENT
PRACTICES; INVESTMENT ADVISORY SERVICES; SHAREHOLDER
SERVICES
Item 6. Capital Stock and Other
Securities........... DISTRIBUTIONS FROM THE FUND; REDEMPTION OF SHARES; THE
DISTRIBUTION AND SERVICE PLANS; TAX STATUS; SHAREHOLDER
SERVICES; PURCHASE OF SHARES; DESCRIPTION OF SHARES OF THE
FUND; ADDITIONAL INFORMATION
Item 7. Purchase of Securities
Being Offered........ SHAREHOLDER TRANSACTION EXPENSES; PURCHASING SHARES OF THE
FUND; THE DISTRIBUTION AND SERVICE PLANS; PURCHASE OF
SHARES; SHAREHOLDER SERVICES; FUND PERFORMANCE
Item 8. Redemption or
Repurchase........... PURCHASE OF SHARES; REDEMPTION OF SHARES; SHAREHOLDER
SERVICES
Item 9. Pending Legal
Proceedings.......... Not Applicable
</TABLE>
(i)
<PAGE> 4
<TABLE>
<CAPTION>
LOCATION OR CAPTION
ITEM NUMBER OF IN STATEMENT OF
FORM N-1A ADDITIONAL INFORMATION
---------------------------------- -----------------------------------------------------------
<C> <S> <C>
PART B INFORMATION REQUIRED IN A STATEMENT OF ADDITIONAL INFORMATION
Item 10. Cover Page............. Cover Page
Item 11. Table of Contents...... Table of Contents
</TABLE>
<TABLE>
<C> <S> <C>
Item 12. General Information
and History.......... The Fund and the Trust
Item 13. Investment Objectives
and Policies......... Investment Policies and Restrictions; Additional Investment
Considerations
Item 14. Management of the
Fund................. Officers and Trustees
Item 15. Control Persons and
Principal Holders of
Securities........... Officers and Trustees
Item 16. Investment Advisory and
Other Services....... Contained in the Prospectus under captions: PURCHASE OF
SHARES; INVESTMENT ADVISORY SERVICES; THE DISTRIBUTION AND
SERVICE PLANS; Investment Advisory and Other Services;
Legal Counsel; Officers and Trustees; The Distributor;
Notes to Financial Statements
Item 17. Brokerage Allocation... Portfolio Transactions and Brokerage Allocation
Item 18. Capital Stock and
Other Securities..... Contained in the Prospectus under the caption: DESCRIPTION
OF SHARES OF THE FUND
Item 19. Purchase, Redemption
and Pricing of
Securities Being
Offered.............. Contained in the Prospectus under the captions: PURCHASE OF
SHARES; SHAREHOLDER SERVICES; REDEMPTION OF SHARES
Item 20. Tax Status............. Contained in the Prospectus under captions TAX STATUS;
PURCHASE OF SHARES; Tax Status of the Fund
Item 21. Underwriters........... The Distributor; Notes to Financial Statements
Item 22. Calculation of
Performance Data..... Contained in the Prospectus under the caption: FUND
PERFORMANCE; Performance Information
Item 23. Financial Statements... Contained in the Prospectus under the caption: FINANCIAL
HIGHLIGHTS; Unaudited Financial Statements; Notes to
Unaudited Financial Statements; Independent Auditors'
Report; Audited Financial Statements; Notes to Audited
Financial Statements; Officers and Trustees
</TABLE>
PART C
Information required to be included in Part C is set forth under the
appropriate Item, so numbered, in Part C of this Registration Statement.
(ii)
<PAGE> 5
PART C: OTHER INFORMATION
ITEM 24. FINANCIAL STATEMENTS AND EXHIBITS.
List all financial statements and exhibits as part of the Registration
Statement.
(A) FINANCIAL STATEMENTS:
For Van Kampen American Capital Adjustable Rate U.S. Government Fund:
included in Post-Effective Amendment No. 32 to the Registration Statement
of the Registrant.
For Van Kampen American Capital High Yield Fund, Van Kampen American
Capital Short-Term Global Income Fund and Van Kampen American Capital
Strategic Income Fund: included in Post-Effective Amendment No. 30 to the
Registration Statement of the Registrant.
For Van Kampen American Capital Emerging Markets Income Fund: not
included herein because such fund is a new registrant.
(B) EXHIBITS:
(1)(a) Form of Agreement and Declaration of Trust(32)
(b) Form of Certificate of Designation for:
(i) Van Kampen American Capital High Yield Fund++
(ii) Van Kampen American Capital Short-Term Global Income
Fund++
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(32)
(iv) Van Kampen American Capital Strategic Income Fund++
(v) Van Kampen American Capital Emerging Markets Income
Fund++
(2) Form of By-Laws(32)
(4) Form of Specimen of Stock Certificates
(i) Van Kampen American Capital High Yield Fund
(a) Class A Shares(17)
(b) Class B Shares(17)
(c) Class C Shares(23)
(ii) Van Kampen American Capital Short-Term Global Income
Fund
(a) Class A Shares(9)
(b) Class B Shares(9)
(c) Class C Shares(23)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund
(a) Class A Shares(32)
(b) Class B Shares(32)
(c) Class C Shares(32)
(iv) Van Kampen American Capital Strategic Income Fund
(a) Class A Shares(20)
(b) Class B Shares(20)
(c) Class C Shares(25)
(v) Van Kampen American Capital Emerging Markets Income
Fund
(a) Class A Shares(27)
(b) Class B Shares(27)
(c) Class C Shares(27)
(5)(a) Form of Investment Advisory Agreement
(i) Van Kampen American Capital High Yield Fund(16)
(ii) Van Kampen American Capital Short-Term Global Income
Fund(16)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(32)
(iv) Van Kampen American Capital Strategic Income Fund(20)
(v) Van Kampen American Capital Emerging Markets Income
Fund, as amended and restated(27)
C-1
<PAGE> 6
(b) Form of Investment Sub-Advisory Agreement
(i) Van Kampen American Capital Emerging Markets Income
Fund(27)
(6)(a) Form of Distribution and Service Agreement(32)
(b) Form of Dealer Agreement(32)
(c) Form of Broker Agreement(32)
(d) Form of Bank Agreement(32)
(e) Form of Underwriting Agreement(1)
(f)
Form of Selected Dealer Agreement(1)
(g) Form of Agreement Between Underwriters(1)
(8)(a) Form of Custodian Agreement
(i) Van Kampen American Capital High Yield Fund*
(ii) Van Kampen American Capital Short-Term Global Income
Fund(6)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(12)
(iv) Van Kampen American Capital Strategic Income Fund(20)
(v) Van Kampen American Capital Emerging Markets Income
Fund, as amended and restated(24)
(b) Form of Transfer Agency Agreement(32)
(9)(a) Form of Accounting Service Agreement(32)
(b) Form of Legal Services Agreement(32)
(10) Opinion and Consent of Skadden, Arps, Slate, Meagher & Flom
(a) Van Kampen American Capital High Yield Fund++
(b) Van Kampen American Capital Short-Term Global Income Fund++
(c) Van Kampen American Capital Adjustable Rate U.S. Government
Fund(32)
(d) Van Kampen American Capital Strategic Income Fund++
(e) Van Kampen American Capital Emerging Markets Income Fund++
(11) Consent of KPMG Peat Marwick LLP
(i) Van Kampen American Capital High Yield Fund(30)
(ii) Van Kampen American Capital Short-Term Global
Income Fund(31)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(32)
(iv) Van Kampen American Capital Strategic Income
Fund(30)
(v) Van Kampen American Capital Emerging Markets Income
Fund(21)
(13) Letter of Understanding relating to initial capital(1)
(15)(a) Form of Distribution Plan Pursuant to Rule 12b-1(32)
(b) Form of Shareholder Assistance Agreement(32)
(c) Form of Administrative Services Agreement(32)
(d) Form of Service Plan(32)
(16)(a) Computation of Performance Quotations
(i) Van Kampen American Capital High Yield Fund(28)
(ii) Van Kampen American Capital Short-Term Global
Income Fund(28)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(28)
(iv) Van Kampen American Capital Strategic Income
Fund(28)
(17)(a) List of certain investment companies in response to Item
29(a)+++
(b) List of officers and directors of Van Kampen American
Capital Distributors, Inc. in response to Item 29(b)+++
(24) Power of attorney(32)
(27) Financial Data Schedules(32)
---------------
* Incorporated herein by reference to Registrant's Registration Statement on
Form N-1A, File Number 33-4410.
(1) Incorporated herein by reference to Pre-Effective Amendment No. 1 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(6) Incorporated herein by reference to Post-Effective Amendment No. 6 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
C-2
<PAGE> 7
(9) Incorporated herein by reference to Post-Effective Amendment No. 9 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(12) Incorporated herein by reference to Post-Effective Amendment No. 12 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(16) Incorporated herein by reference to Post-Effective Amendment No. 16 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(17) Incorporated herein by reference to Post-Effective Amendment No. 17 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(20) Incorporated herein by reference to Post-Effective Amendment No. 20 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(21) Incorporated herein by reference to Post-Effective Amendment No. 21 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(23) Incorporated herein by reference to Post-Effective Amendment No. 23 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(24) Incorporated herein by reference to Post-Effective Amendment No. 24 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(25) Incorporated herein by reference to Post-Effective Amendment No. 25 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(27) Incorporated herein by reference to Post-Effective Amendment No. 27 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(28) Incorporated herein by reference to Post-Effective Amendment No. 28 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(30) Incorporated herein by reference to Post-Effective Amendment No. 30 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(31) Incorporated herein by reference to Post-Effective Amendment No. 31 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(32) Incorporated herein by reference to Post-Effective Amendment No. 32 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
---------------
++ To be filed by amendment.
+++ Incorporated herein by reference from Post-Effective Amendment No. 3 to the
Registration Statement on Form N-1A of Van Kampen American Capital Utilities
Income Fund, File Number 33-68452, filed July 14, 1995.
ITEM 25. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH REGISTRANT.
To the best knowledge of Registrant, no person is controlled by or under
common control with the Registrant.
C-3
<PAGE> 8
ITEM 26. NUMBER OF HOLDERS OF SECURITIES.
As of July 17, 1995:
<TABLE>
<CAPTION>
(2)
NUMBER
(1) OF
RECORD
TITLE OF CLASS HOLDERS
---------------------------------------------------------- ------
<S> <C>
Shares of Beneficial Interest, without par value
(i) Van Kampen American Capital High Yield Fund*:
Class A Shares.................................... 14,942
Class B Shares.................................... 2,677
Class C Shares.................................... 82
(ii) Van Kampen American Capital Short-Term Global In-
come Fund*:
Class A Shares.................................... 4,222
Class B Shares.................................... 9,069
Class C Shares.................................... 14
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund:
Class A Shares.................................... 275
Class B Shares.................................... 730
Class C Shares.................................... 37
(iv) Van Kampen American Capital Strategic Income Fund:
Class A Shares.................................... 1,920
Class B Shares.................................... 3,166
Class C Shares.................................... 58
(v) Van Kampen American Capital Emerging Markets In-
come Fund*:
Class A Shares.................................... 5
Class B Shares.................................... 3
Class C Shares.................................... 2
</TABLE>
---------------
* Prior to May 1, 1995, the Fund offered Class D Shares.
ITEM 27. INDEMNIFICATION.
Reference is made to Article 8, Section 8.4 of the Registrant's Agreement
and Declaration of Trust.
Article 8; Section 8.4 of the Agreement and Declaration of Trust provides
that each officer and trustee of the Registrant shall be indemnified by the
Registrant against all liabilities incurred in connection with the defense or
disposition of any action, suit or other proceeding, whether civil or criminal,
in which the officer or trustee may be or may have been involved by reason of
being or having been an officer or trustee, except that such indemnity shall not
protect any such person against a liability to the Registrant or any shareholder
thereof to which such person would otherwise be subject by reason of willful
misfeasance, bad faith, gross negligence or reckless disregard of the duties
involved in the conduct of his or her office. Absent a court determination that
an officer or trustee seeking indemnification was not liable on the merits or
guilty of willful misfeasance, bad faith, gross negligence or reckless disregard
of the duties involved in the conduct of his or her office, the decision by the
Registrant to indemnify such person must be based upon the reasonable
determination of independent counsel or non-party independent trustees, after
review of the facts, that such officer or trustee is not guilty of willful
misfeasance, bad faith, gross negligence or reckless disregard of the duties
involved in the conduct of his or her office.
The Registrant has purchased insurance on behalf of its officers and
trustees protecting such persons from liability arising from their activities as
officers or trustees of the Registrant. The insurance does not protect or
purport to protect such persons from liability to the Registrant or to its
shareholders to which such officers or trustee would otherwise be subject by
reason of willful misfeasance, bad faith, gross negligence or reckless disregard
of the duties involved in the conduct of their office.
Conditional advancing of indemnification monies may be made if the trustee
or officer undertakes to repay the advance unless it is ultimately determined
that he or she is entitled to the indemnification and only if the following
conditions are met: (1) the trustee or officer provides a security for the
undertaking; (2) the Registrant is insured against losses arising from lawful
advances; or (3) a majority of a quorum of the
C-4
<PAGE> 9
Registrant's disinterested, non-party trustees, or an independent legal counsel
in a written opinion, shall determine, based upon a review of readily available
facts, that a recipient of the advance ultimately will be found entitled to
indemnification.
Insofar as indemnification for liabilities arising under the Securities Act
of 1933 (the "Act") may be permitted to trustees, officers and controlling
persons of the Registrant pursuant to the foregoing provisions or otherwise, the
Registrant has been advised that in the opinion of the Securities and Exchange
Commission such indemnification is against public policy as expressed in the Act
and is, therefor unenforceable. In the event that a claim for indemnification
against such liabilities (other than the payment by the Registrant of expenses
incurred or paid by the trustee, officer, or controlling person of the
Registrant in the successful defense of any action, suit or proceeding) is
asserted by such trustee, officer or controlling person in connection with the
shares being registered, the Registrant will, unless in the opinion of its
counsel the matter has been settled by controlling precedent, submit to a court
of appropriate jurisdiction the question whether such indemnification by it is
against public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
ITEM 28. BUSINESS AND OTHER CONNECTIONS OF INVESTMENT ADVISER.
See "Investment Advisory Services" in the Prospectus and "Investment
Advisory and Other Services" and "Officers and Trustees" in the Statement of
Additional Information for information regarding the business of the Adviser.
For information as to the business, profession, vocation and employment of a
substantial nature of directors and officers of the Adviser, reference is made
to the Adviser's current Form ADV (File No. 801-18161) filed under the
Investment Advisers Act of 1940, as amended, incorporated herein by reference.
ITEM 29. PRINCIPAL UNDERWRITERS.
(a) The sole principal underwriter is Van Kampen American Capital
Distributors, Inc., which acts as principal underwriter for certain investment
companies and unit investment trusts set forth in Exhibit 17(a) incorporated by
reference herein.
(b) Van Kampen American Capital Distributors, Inc. is an affiliated person
of an affiliated person of Registrant and is the only principal underwriter for
Registrant. The name, principal business address and positions and offices with
Van Kampen American Capital Distributors, Inc. of each of the directors and
officers thereof are set forth in Exhibit 17(b). Except as disclosed under the
heading, "Officers and Trustees" in Part B of this Registration Statement, none
of such persons has any position or office with Registrant.
(c) Not applicable.
ITEM 30. LOCATION OF ACCOUNTS AND RECORDS.
All accounts, books and other documents required to be maintained by the
Registrant by Section 31 (a) of the Investment Company Act of 1940 and the Rules
thereunder will be maintained at the offices of the Registrant located at One
Parkview Plaza, Oakbrook Terrace, Illinois 60181, Access Investors Services,
Inc., 7501 Tiffany Springs Parkway, Kansas City, Missouri, 64153, or at the
State Street Bank and Trust Company, 1776 Heritage Drive, North Quincy,
Massachusetts. All such accounts, books and other documents required to be
maintained by the principal underwriter will be maintained at One Parkview
Plaza, Oakbrook Terrace, Illinois 60181.
ITEM 31. MANAGEMENT SERVICES.
Not applicable.
C-5
<PAGE> 10
ITEM 32. UNDERTAKINGS.
(a) Not Applicable.
(b) Not Applicable.
Registrant undertakes, if requested to do so by the holders of at least 10%
of the shareholders of the Van Kampen American Capital Emerging Markets Income
Fund, a series of the Registrant, to call a meeting of such shareholders for the
purpose of voting upon the question of removal of a trustee or trustees, and to
assist in communications with other shareholders to the extent required by
Section 16(c) of the Investment Company Act of 1940, as amended.
C-6
<PAGE> 11
SIGNATURES
PURSUANT TO THE REQUIREMENTS OF THE SECURITIES ACT OF 1933 AND THE
INVESTMENT COMPANY ACT OF 1940, THE REGISTRANT, VAN KAMPEN AMERICAN CAPITAL
TRUST, CERTIFIES THAT IT MEETS ALL OF THE REQUIREMENTS FOR EFFECTIVENESS OF THIS
REGISTRATION STATEMENT PURSUANT TO RULE 485(B) UNDER THE SECURITIES ACT OF 1933
AND HAS DULY CAUSED THIS AMENDMENT TO THIS REGISTRATION STATEMENT TO BE SIGNED
ON ITS BEHALF BY THE UNDERSIGNED THEREUNTO DULY AUTHORIZED IN THE CITY OF
OAKBROOK TERRACE, AND THE STATE OF ILLINOIS, ON THE 25TH DAY OF JULY, 1995.
VAN KAMPEN AMERICAN CAPITAL TRUST
By: /s/ RONALD A. NYBERG
Ronald A. Nyberg
Vice President and Secretary
PURSUANT TO THE REQUIREMENTS OF THE SECURITIES ACT OF 1933, THIS AMENDMENT
TO THIS REGISTRATION STATEMENT HAS BEEN SIGNED ON JULY 25, 1995 BY THE FOLLOWING
PERSONS IN THE CAPACITIES INDICATED:
<TABLE>
<CAPTION>
SIGNATURES TITLE
--------------------------------------------- ----------------------------------------------
<C> <S>
</TABLE>
<TABLE>
<C> <S>
/s/ DONALD C. MILLER * Chairman of the Board and Trustee
---------------------------------------------
Donald C. Miller
Chief Executive Officer:
/s/ DENNIS J. McDONNELL* President and Trustee
---------------------------------------------
Dennis J. McDonnell
Chief Financial and Accounting Officer:
/s/ EDWARD C. WOOD, III * Vice President and Treasurer
---------------------------------------------
Edward C. Wood, III
Trustees:
Trustee
---------------------------------------------
J. Miles Branagan
/s/ RICHARD E. CARUSO* Trustee
---------------------------------------------
Richard E. Caruso
/s/ PHILIP P. GAUGHAN * Trustee
---------------------------------------------
Philip P. Gaughan
/s/ ROGER HILSMAN * Trustee
---------------------------------------------
Roger Hilsman
Trustee
---------------------------------------------
R. Craig Kennedy
/s/ JACK E. NELSON * Trustee
---------------------------------------------
Jack E. Nelson
Trustee
---------------------------------------------
Don G. Powell
</TABLE>
C-7
<PAGE> 12
<TABLE>
<CAPTION>
SIGNATURES TITLE
--------------------------------------------- ----------------------------------------------
<C> <S>
/s/ DAVID REES* Trustee
---------------------------------------------
David Rees
/s/ JEROME L. ROBINSON * Trustee
---------------------------------------------
Jerome L. Robinson
/s/ LAWRENCE J. SHEEHAN Trustee
---------------------------------------------
Lawrence J. Sheehan
Trustee
---------------------------------------------
Fernando Sisto
/s/ WAYNE W. WHALEN * Trustee
---------------------------------------------
Wayne W. Whalen
Trustee
---------------------------------------------
William S. Woodside
---------------
*Signed by Ronald A. Nyberg pursuant to a power of attorney.
/s/ RONALD A. NYBERG
---------------------------------------------
Ronald A. Nyberg
Attorney-in-Fact
</TABLE>
July 25, 1995
C-8
<PAGE> 13
SCHEDULE OF EXHIBITS TO
POST-EFFECTIVE AMENDMENT 33 TO FORM N-1A
SUBMITTED TO THE SECURITIES AND EXCHANGE
COMMISSION ON AUGUST 1, 1995
(B) EXHIBITS:
(1)(a) Form of Agreement and Declaration of Trust(32)
(b) Form of Certificate of Designation for:
(i) Van Kampen American Capital High Yield Fund++
(ii) Van Kampen American Capital Short-Term Global Income
Fund++
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(32)
(iv) Van Kampen American Capital Strategic Income Fund++
(v) Van Kampen American Capital Emerging Markets Income
Fund++
(2) Form of By-Laws(32)
(4) Form of Specimen of Stock Certificates
(i) Van Kampen American Capital High Yield Fund
(a) Class A Shares(17)
(b) Class B Shares(17)
(c) Class C Shares(23)
(ii) Van Kampen American Capital Short-Term Global Income
Fund
(a) Class A Shares(9)
(b) Class B Shares(9)
(c) Class C Shares(23)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund
(a) Class A Shares(32)
(b) Class B Shares(32)
(c) Class C Shares(32)
(iv) Van Kampen American Capital Strategic Income Fund
(a) Class A Shares(20)
(b) Class B Shares(20)
(c) Class C Shares(25)
(v) Van Kampen American Capital Emerging Markets Income
Fund
(a) Class A Shares(27)
(b) Class B Shares(27)
(c) Class C Shares(27)
(5)(a) Form of Investment Advisory Agreement
(i) Van Kampen American Capital High Yield Fund(16)
(ii) Van Kampen American Capital Short-Term Global Income
Fund(16)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(32)
(iv) Van Kampen American Capital Strategic Income Fund(20)
(v) Van Kampen American Capital Emerging Markets Income
Fund, as amended and restated(27)
(b) Form of Investment Sub-Advisory Agreement
(i) Van Kampen American Capital Emerging Markets Income
Fund(27)
(6)(a) Form of Distribution and Service Agreement(32)
(b) Form of Dealer Agreement(32)
(c) Form of Broker Agreement(32)
(d) Form of Bank Agreement(32)
(e) Form of Underwriting Agreement(1)
(f) Form of Selected Dealer Agreement(1)
(g) Form of Agreement Between Underwriters(1)
(8)(a) Form of Custodian Agreement
(i) Van Kampen American Capital High Yield Fund*
(ii) Van Kampen American Capital Short-Term Global Income
Fund(6)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(12)
<PAGE> 14
(iv) Van Kampen American Capital Strategic Income Fund(20)
(v) Van Kampen American Capital Emerging Markets Income
Fund, as amended and restated(24)
(b) Form of Transfer Agency Agreement(32)
(9)(a) Form of Accounting Service Agreement(32)
(b) Form of Legal Services Agreement(32)
(10) Opinion and Consent of Skadden, Arps, Slate, Meagher & Flom
(a) Van Kampen American Capital High Yield Fund++
(b) Van Kampen American Capital Short-Term Global Income Fund++
(c) Van Kampen American Capital Adjustable Rate U.S. Government
Fund(32)
(d) Van Kampen American Capital Strategic Income Fund++
(e) Van Kampen American Capital Emerging Markets Income Fund++
(11) Consent of KPMG Peat Marwick LLP
(i) Van Kampen American Capital High Yield Fund(30)
(ii) Van Kampen American Capital Short-Term Global
Income Fund(31)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(32)
(iv) Van Kampen American Capital Strategic Income
Fund(30)
(v) Van Kampen American Capital Emerging Markets Income
Fund(21)
(13) Letter of Understanding relating to initial capital(1)
(15)(a) Form of Distribution Plan Pursuant to Rule 12b-1(32)
(b) Form of Shareholder Assistance Agreement(32)
(c) Form of Administrative Services Agreement(32)
(d) Form of Service Plan(32)
(16)(a) Computation of Performance Quotations
(i) Van Kampen American Capital High Yield Fund(28)
(ii) Van Kampen American Capital Short-Term Global
Income Fund(28)
(iii) Van Kampen American Capital Adjustable Rate U.S.
Government Fund(28)
(iv) Van Kampen American Capital Strategic Income
Fund(28)
(17)(a) List of certain investment companies in response to Item
29(a)+++
(b) List of officers and directors of Van Kampen American
Capital Distributors, Inc. in response to Item 29(b)+++
(24) Power of attorney(32)
(27) Financial Data Schedules(32)
---------------
* Incorporated herein by reference to Registrant's Registration Statement on
Form N-1A, File Number 33-4410.
(1) Incorporated herein by reference to Pre-Effective Amendment No. 1 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(6) Incorporated herein by reference to Post-Effective Amendment No. 6 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(9) Incorporated herein by reference to Post-Effective Amendment No. 9 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(12) Incorporated herein by reference to Post-Effective Amendment No. 12 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(16) Incorporated herein by reference to Post-Effective Amendment No. 16 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(17) Incorporated herein by reference to Post-Effective Amendment No. 17 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(20) Incorporated herein by reference to Post-Effective Amendment No. 20 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(21) Incorporated herein by reference to Post-Effective Amendment No. 21 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(23) Incorporated herein by reference to Post-Effective Amendment No. 23 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
<PAGE> 15
(24) Incorporated herein by reference to Post-Effective Amendment No. 24 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(25) Incorporated herein by reference to Post-Effective Amendment No. 25 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(27) Incorporated herein by reference to Post-Effective Amendment No. 27 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(28) Incorporated herein by reference to Post-Effective Amendment No. 28 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(30) Incorporated herein by reference to Post-Effective Amendment No. 30 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(31) Incorporated herein by reference to Post-Effective Amendment No. 31 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
(32) Incorporated herein by reference to Post-Effective Amendment No. 32 to
Registrant's Registration Statement on Form N-1A, File Number 33-4410.
---------------
++ To be filed by amendment.
+++ Incorporated herein by reference from Post-Effective Amendment No. 3 to the
Registration Statement on Form N-1A of Van Kampen American Capital Utilities
Income Fund, File Number 33-68452, filed July 14, 1995.
