Developing and Empowering our Aspiring Leaders Act of 2022
This bill directs the Securities and Exchange Commission (SEC) to revise venture capital investment regulations if the SEC determines such revisions would facilitate capital formation without compromising investor protection. Venture capital funds are exempt from certain regulations applicable to other investment firms, including those related to filings, audits, and restricted communications with investors. Under current law, non-qualifying investments—which include secondary transactions and investments in other venture capital funds—may comprise up to 20% of a venture capital fund.
The bill allows, after SEC approval, investments acquired through secondary transactions or investments in other venture capital funds to be considered as qualifying investments for venture capital funds. However, for a private fund to qualify as a venture capital fund, the fund's investments must predominately be acquired directly from a qualifying portfolio company.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4227 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4227
To require the Securities and Exchange Commission to revise the
definition of a qualifying investment, for purposes of the exemption
from registration for venture capital fund advisers under the
Investment Advisers Act of 1940, to include an equity security issued
by a qualifying portfolio company and to include an investment in
another venture capital fund, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2021
Mr. Hollingsworth introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Securities and Exchange Commission to revise the
definition of a qualifying investment, for purposes of the exemption
from registration for venture capital fund advisers under the
Investment Advisers Act of 1940, to include an equity security issued
by a qualifying portfolio company and to include an investment in
another venture capital fund, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing and Empowering our
Aspiring Leaders Act of 2021''.
SEC. 2. DEFINITIONS.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall--
(1) revise the definition of a qualifying investment under
paragraph (c) of section 275.203(l)-1 of title 17, Code of
Federal Regulations--
(A) to include an equity security issued by a
qualifying portfolio company, whether acquired directly
from the company or in a secondary acquisition; and
(B) to specify that an investment in another
venture capital fund is a qualifying investment under
such definition; and
(2) revise paragraph (a) of such section to require, as a
condition of a private fund qualifying as a venture capital
fund under such paragraph, that the qualifying investments of
the private fund are either--
(A) predominantly qualifying investments that were
acquired directly from a qualifying portfolio company;
or
(B) predominantly qualifying investments in another
venture capital fund or other venture capital funds.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Ms. Waters moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7152-7153)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4227.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7152)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7152)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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