Editorial Notes
References in Text

This subchapter, referred to in subsec. (a)(1), (2), was in the original “this Act”, meaning title I of act Aug. 22, 1940, ch. 686, known as the Investment Company Act of 1940, which is classified generally to this subchapter.

The Small Business Investment Act of 1958, referred to in subsec. (a)(5), is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689), which is classified principally to chapter 14B (§ 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–141 added pars. (1) and (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and struck out former par. (1) which read as follows: “The asset coverage requirements of section 80a–18(a)(1)(A) and (B) of this title applicable to business development companies shall be 200 per centum.”

2010—Subsec. (a)(3)(B)(iii). Pub. L. 111–203 substituted “section 80b–5(a)(1) of this title” for “paragraph (1) of section 80b–5 of this title” and “paragraph (1) or (2) of section 80b–5(b) of this title” for “clause (A) or (B) of that section”.

1996—Subsec. (a)(2). Pub. L. 104–290, § 506(1), substituted a period for “if such business development company does not have outstanding any publicly held indebtedness, and all such securities of each class are—

“(A) privately held or guaranteed by the Small Business Administration, or banks, insurance companies, or other institutional investors; and

“(B) not intended to be publicly distributed.”

Subsec. (a)(3)(A). Pub. L. 104–290, § 506(2)(A), (B), inserted “accompanied by securities,” after “of such company,” and struck out “senior securities representing indebtedness accompanied by” before “warrants, options, or rights”.

Subsec. (a)(3)(A)(ii). Pub. L. 104–290, § 506(2)(C), struck out “senior” before “securities”.

Subsec. (a)(3)(C). Pub. L. 104–290, § 506(3), added subpar. (C).

Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.