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ARTICLE · 03 APRIL 2019

Proposal To Modernize Offering And Communications Framework For BDCs And Closed-End Funds

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The Securities and Exchange Commission proposed rule amendments that are intended to modernize the offering related provisions of the Securities Act and the communications safe harbors available

United StatesCorporate/Commercial Law

The Securities and Exchange Commission proposed rule amendments that are intended to modernize the offering related provisions of the Securities Act and the communications safe harbors available to business development companies (BDCs) and closed-end funds (CEFs) in order to bring these to parity with the provisions applicable to operating companies. The Commission was required to undertake rulemaking with respect to BDCs by the Small Business Credit Availability Act. (See our chart that summarizes the affected provisions: https://www.freewritings.law/wp-content/uploads/sites/24/2018/04/BDC-provisions-of-2018-Spending-Bill_.pdf.) The Commission was required to undertake rulemaking along the same lines in respect of CEFs by the Crapo Act.

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