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ARTICLE · 05 FEBRUARY 2020

New Securities Regulations May Benefit BDCs

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Several key regulatory developments and reforms have the potential to significantly help business development companies (closed-end investment management companies that are specially regulated

United StatesCorporate/Commercial Law

Several key regulatory developments and reforms have the potential to significantly help business development companies (closed-end investment management companies that are specially regulated by the Investment Company Act of 1940). This article addresses those developments and how they are expected to impact the BDC industry.

BDCs provide capital to, and invest in, small and middle-market companies in the U.S. As a result of this special investment purpose, BDCs are exempt from certain regulatory constraints imposed by the 1940 Act on traditional investment companies and generally benefit from pass through tax treatment.

Given the limited access to, and availability of, financing from traditional bank lenders, BDCs have recently played an important and increasing role as a crucial source of capital and liquidity to small and mid-sized companies that may not be able to otherwise obtain financing or do so at attractive rates.

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