U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 24F-2
Annual Notice of Securities Sold
Pursuant to Rule 24f-2
Read instructions at end of Form before preparing Form.
Please print or type.
1. Name and address of issuer: Van Kampen Merritt Utility Income Trust,
Series 5
One Parkview Plaza
Oakbrook Terrace, IL 60181
2. Name of each series or class of funds for which this notice is filed:
Van Kampen Merritt Utility Income Trust, Series 5
3. Investment Company Act File Number: 811-2754
Securities Act File Number: 33-43176
4. Last day of fiscal year for which this notice is filed: December 31, 1995
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: [ ]
6 Date of termination of issuer's declaration under rule 24f-2(a)(1), if
applicable (see Insruction A.6):
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 beginning
of the fiscal year: 0
8. Number and aggregate sale price of securities sold during the fiscal
year: 0
9. Number and aggregate sale price of securities sold during the fiscal year:
330,413 $7,536,721
10. Number and aggregate sale price of securities issued during the fiscal
year in reliance upon registration pursuant to rule 24f-2:
330,413 $7,536,721
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): 0
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12. Calculation of registration fee;
<S> <C> <C>
(i) Aggregate sale price of securities sold during the fiscal year in reliance on rule 24f-2 (from Item 10): $ $7,536,721
Aggregate price of shares issued in connection with dividend reinvestment plans (from Item 11, if
(ii) applicable): + 0
(iii) Aggregate price of shares redeemed or repurchased during the fiscal year (if applicable): - 5,898,365
Aggregate price of shares redeemed or repurchased and previously applied as a reduction to filing fees
(iv) pursuant to rule 24e-2 (if applicable): + 0
Net aggregate price of securities sold and issued during the fiscal year in reliance on rule 24f-2 [line
(v) (i), plus line (ii), less line (iii), plus line (iv)] (if applicable): 1,638,356
Multiplier prescribed by Section 6(b) of the Securities Act of 1933 or other applicable law or regulation
(vi) (see Instruction C.6): x 1/2900
(vii) Fee due [line (i) or line (v) multiplied by line (vi)]: 565
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Instruction: Issuers should complete lines (ii), (iii), (iv) and (v) only
if the form is being filed within 60 days after the close of the issuer's
fiscal year. See Instruction C.3.
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). [ x ]
Date of mailing or wire transfer of filing fees to the Commission's lockbox
depository:
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) /s/*
Sandra A. Waterworth - Vice President
Date:
*Please print the name and title of the signing officer below the
signature.
Chapman and Cutler
111 West Monroe Street
Chicago, Illinois 60603
February 13, 1996
Van Kampen American Capital Distributors, Inc.
One Parkview Plaza
Oakbrook Terrace, Illinois 60181
Re: Van Kampen Merritt Utility Income Trust, Series 5
Gentlemen:
We have served as counsel for Van Kampen American Capital
Distributors, Inc. ("Van Kampen"), as Sponsor and Depositor of the Van
Kampen Merritt Utility Income Trust in connection with the
preparation, execution and delivery of a Trust Indenture and Agreement
for the above-captioned series of which Van Kampen is Depositor and Bank
of New York is Trustee, pursuant to which the Depositor has delivered to
and deposited Bonds listed in Schedule A to the Trust Indenture and
Agreement with the Trustee and pursuant to which the Trustee has issued
to or on the order of the Depositor a certificate or certificates
representing an aggregate number of Units of fractional undivided
interest in and ownership of the Trust created under said Trust Indenture
and Agreement.
In connection therewith, we have examined such pertinent records and
documents and matters of law as we have deemed necessary in order to
enable us to express the opinions hereinafter set forth.
Based upon the foregoing, we are of the opinion that the
certificates evidencing the Units in the Trust constitute valid and
binding obligations of the Trust in accordance with the terms thereof.
Very truly yours,
CHAPMAN AND CUTLER
MJK/cjw
