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Investment Funds Update

SEC Adopts Offering Reforms for Business Development Companies and Registered Closed-End Funds

April 21, 2020

The U.S. Securities and Exchange Commission has adopted rule and form amendments allowing business development companies and closed-end investment companies registered under the Investment Company Act to use the securities offering rules available since 2005 for other issuers (i.e., operating company issuers), including: 

  • Use of Short-Form Registration Statements and Forward Incorporation by Reference
  • WKSI Status for Eligible Affected Funds 
  • Automatic or Immediate Effectiveness for Filings by Affected Funds Conducting Certain Continuous Offerings
  • Final Prospectus Delivery Reforms: Access Equals Delivery
  • Communications Reforms 
  • New Registration Fee Payment Method for Interval Funds 
  • Broker-Dealer Research Reports
  • Disclosure and Reporting Parity Amendments

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