SEC adopts offering reforms for BDCs and registered closed-end funds and issues a temporary exemptive order
Journal of Investment Compliance
ISSN: 1528-5812
Article publication date: 8 April 2021
Issue publication date: 11 May 2021
Abstract
Purpose
To analyze and identify the key findings from the April 8, 2020, U.S. Securities and Exchange Commission’s (the “SEC”) recently approved rule amendments (“Adopted Rules”) extended to business development companies (“BDCs”) and registered closed-end funds and an Exemptive Order providing regulatory flexibility to BDCs.
Design/methodology/approach
Discusses the key takeaways and implications from the Adopted Rules and Exemptive Order.
Findings
The Adopted Rules provide BDCs and registered closed-end funds some of the more efficient registration, reporting, offering, and communication requirements currently applicable to operating companies. The Exemptive Order provides BDCs additional flexibility with respect to (1) the issuance and sale of senior securities and (2) the participation in certain joint transactions.
Practical implications
Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought.
Originality/value
Expert analysis and guidance from experienced asset management lawyers.
Keywords
Citation
Rosella, M., Hearth, D., Avdeychik, V. and Johnson, R. (2021), "SEC adopts offering reforms for BDCs and registered closed-end funds and issues a temporary exemptive order", Journal of Investment Compliance, Vol. 22 No. 1, pp. 40-46. https://doi.org/10.1108/JOIC-10-2020-0031
Publisher
:Emerald Publishing Limited
Copyright © 2021, Paul Hastings LLP.