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Frequently Asked Questions About Business Development ...

Morrison & Foerster LLP Capital MarketsFREQUENTLY Asked QUESTIONSABOUT BUSINESSDEVELOPMENT COMPANIES understanding Business Development CompaniesWhat is a Business Development company ? Business Development companies ( BDCs ) are special investment vehicles designed to facilitate capital formation for small and middle-market companies. BDCs are closed-end investment companies; however, BDCs are exempt from many of the regulatory constraints imposed by the investment Company Act of 1940, as amended (the 1940 Act ), and the rules thereunder. Section 2(a)(48) of the 1940 Act defines Business Development company to mean a domestic closed-end company that (1) operates for the purpose of making investments in certain securities specified in Section 55(a) of the 1940 Act and, with limited exceptions, makes available significant managerial assistance with respect to the issuers of such securities, and (2) has elected Business Development company status.

investment adviser of an investment company or a registered investment adviser, unless such issuer is (A) a corporation all the outstanding securities of which

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