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15 U.S.C. § 80a–59Functions and activities of business development companies

submitted 86 years ago by Pub. L. 96-477 to r/title-15-COMMERCE-AND-TRADE · 76 words · no verdicts yet

in plain englishAI-generated · not legal advice

Business development companies (BDCs) don't have to follow most investment company rules. But this section still applies section 80a-12 to them, as if they were registered closed-end investment companies. The one exception: the SEC can't regulate when a BDC borrows from a bank to buy securities.

This section is short but has one rule and one exception. Business development companies, or BDCs, don't have to follow most rules for investment companies. Section 80a-6(f) gives them that exemption. But this section carves out one rule that BDCs must still follow. Section 80a-12 of this title applies to a BDC exactly as if the BDC were a registered closed-end investment company. There's one limit on that. The Securities and Exchange Commission (the Commission) cannot write a rule, regulation, or order under section 80a-12(a)(1) that controls when a BDC may borrow money from a bank to buy a security. That specific power is off-limits to the Commission for BDCs.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding the exemption set forth in section 80a–6(f) of this title, section 80a–12 of this title shall apply to a business development company to the same extent as if it were a registered closed-end investment company, except that the Commission shall not prescribe any rule, regulation, or order pursuant to section 80a–12(a)(1) of this title governing the circumstances in which a business development company may borrow from a bank in order to purchase any security.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 60, as added Pub. L. 96–477, title I, § 105, Oct. 21, 1980, 94 Stat. 2285.)

history & why it existsrecord from the source credit
  • 1940Enacted · Pub. L. 96-477 · 94 Stat. 2285

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-477 on 1940-08-22.

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