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LegalText 15 U.S.C. § 80a63 Accounts and records us united_states_code code_section 15 COMMERCE AND TRADE 2D INVESTMENT COMPANIES AND ADVISERS 80a63 15 U.S.C. § 80a63 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s80a63 data/legal/raw/us/code/title-15/usc15.xml cd7f177f5daf6e2e63ca75c7016fbae8b5ad6d6681db2dec34c1dd9f828f1f57 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 756ec593859206a5278be1c7a35edf647585754d77b2954c525aa50176df8467 2026-07-04 official
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15 U.S.C. § 80a63 - Accounts and records

Text

(a) Exception for business development company Notwithstanding the exemption set forth in section 80a6(f) of this title, section 80a30 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 reference to the financial statements required to be filed pursuant to section 80a29 of this title shall be construed to refer to the financial statements required to be filed by such business development company pursuant to section 78m of this title.

(b) Risk factors statement; availability (1) In addition to the requirements of subsection (a), a business development company shall file with the Commission and supply annually to its shareholders a written statement, in such form and manner as the Commission may, by rule, prescribe, describing the risk factors involved in an investment in the securities of a business development company due to the nature of such companys investment portfolio and capital structure, and shall supply copies of such statement to any registered broker or dealer upon request.

(2) If the Commission finds it is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of this subchapter, the Commission may also require, by rule, any person who, acting as principal or agent, sells a security of a business development company to inform the purchaser of such securities, at or before the time of sale, of the existence of the risk statement prepared by such business development company pursuant to this subsection, and make such risk statement available on request. The Commission, in making such rules and regulations, shall consider, among other matters, whether any such rule or regulation would impose any unreasonable burdens on such brokers or dealers or unreasonably impair the maintenance of fair and orderly markets.

(Aug. 22, 1940, ch. 686, title I, § 64, as added Pub. L. 96477, title I § 105, Oct. 21, 1980, 94 Stat. 2289; amended Pub. L. 104290, title V, § 507, Oct. 11, 1996, 110 Stat. 3446.)

Notes

Editorial Notes

Amendments1996—Subsec. (b)(1). Pub. L. 104290 inserted “and capital structure” after “portfolio”.