15 U.S.C. § 80a–64 — Preventing 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
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.
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.)
- 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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