S.Amdt. 1890
What it does: Adds SEC. __. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE EQUITY FUNDS ADVISORS wherever appropriateWhat it changes
1 change to H.R. 3606
Adds SEC. __. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE EQUITY FUNDS ADVISORS wherever appropriate
Adds a sectionInserted: SEC. __. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE EQUITY FUNDS ADVISORS.
Inserted: Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b 3) is amended by adding at the end the following:
Inserted: "(o) Exemption of and Reporting Requirements by Private Equity Funds Advisors.--
Inserted: "(1) In general.--Except as provided in this subsection, no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds, provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments.
Inserted: "(2) Maintenance of records and access by commission.--Not later than 6 months after the date of enactment of this subsection, the Commission shall issue final rules--
Inserted: "(A) to require investment advisers described in paragraph (1) to maintain such records and provide to the Commission such annual or other reports as the Commission taking into account fund size, governance, investment strategy, risk, and other factors, as the Commission determines necessary and appropriate in the public interest and for the protection of investors; and
Inserted: "(B) to define the term private equity fund for purposes of this subsection.".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
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As printed
SA 1890. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 3606, to increase American job creation and economic growth by improving access to the public capital markets for emerging growth companies; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE EQUITY FUNDS ADVISORS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b 3) is amended by adding at the end the following:
“(o) Exemption of and Reporting Requirements by Private Equity Funds Advisors.--
“(1) In general.--Except as provided in this subsection, no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds, provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments.
“(2) Maintenance of records and access by commission.--Not later than 6 months after the date of enactment of this subsection, the Commission shall issue final rules--
“(A) to require investment advisers described in paragraph (1) to maintain such records and provide to the Commission such annual or other reports as the Commission taking into account fund size, governance, investment strategy, risk, and other factors, as the Commission determines necessary and appropriate in the public interest and for the protection of investors; and
“(B) to define the term private equity fund for purposes of this subsection.”.
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Senate amendment submitted
March 19, 2012