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15 U.S.C. § 80a–64Preventing compliance with subchapter; liability of controlling persons

submitted 86 years ago by Pub. L. 96-477 to r/title-15-COMMERCE-AND-TRADE · 105 words · no verdicts yet

in plain englishAI-generated · not legal advice

Business development companies (BDCs) must follow section 80a-47, just as if they were registered closed-end investment companies, despite their usual exemption under section 80a-6(f). Section 80a-47(a) bars people from doing indirectly what the law forbids directly. But that rule doesn't force a company that isn't itself an "investment company" to follow BDC rules just because a BDC owns or controls it.

This section is one continuous rule. Business development companies (BDCs) are normally exempt from most investment company rules under section 80a-6(f). This section overrides that exemption for one rule: section 80a-47 applies to a BDC exactly as if the BDC were a registered closed-end investment company. Section 80a-47(a) makes it illegal to do indirectly, or through another person, anything this subchapter forbids doing directly. There's a limit on how far that reaches here. If a company is wholly owned by, or otherwise controlled by, a BDC, but the company itself doesn't meet the definition of "investment company" in section 80a-3(a), then section 80a-47(a) does not force that company to follow the subchapter's BDC rules. Being owned or controlled by a BDC isn't, by itself, enough to pull an ordinary company into those rules.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding the exemption set forth in section 80a–6(f) of this title, section 80a–47 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 provisions of section 80a–47(a) of this title shall not be construed to require any company which is not an investment company within the meaning of section 80a–3(a) of this title to comply with the provisions of this subchapter which are applicable to a business development company solely because such company is a wholly-owned subsidiary of, or directly or indirectly controlled by, a business development company.

Source credit: (Aug. 22, 1940, ch. 686, title I, § 65, as added Pub. L. 96–477, title I, § 105, Oct. 21, 1980, 94 Stat. 2289.)

history & why it existsrecord from the source credit
  • 1940Enacted · Pub. L. 96-477 · 94 Stat. 2289

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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