(a) EligibilityAny company defined in section 80a–2(a)(48)(A) and (B) of this title may elect to be subject to the provisions of sections 80a–54 through 80a–64 of this title by filing with the Commission a notification of election, if such company—(1) has a class of its equity securities registered under section 78l of this title; or
(2) has filed a registration statement pursuant to section 78l of this title for a class of its equity securities.
(b) Form and manner of notification; effectThe Commission may, by rule, prescribe the form and manner in which notification of election under this section shall be given. A business development company shall be deemed to be subject to sections 80a–54 through 80a–64 of this title upon receipt by the Commission of such notification of election.
(c) Revocation or withdrawal of electionWhenever the Commission finds, on its own motion or upon application, that a business development company which has filed a notification of election pursuant to subsection (a) of this section has ceased to engage in business, the Commission shall so declare by order revoking such company’s election. Any business development company may voluntarily withdraw its election under subsection (a) by filing a notice of withdrawal of election with the Commission, in a form and manner which the Commission may, by rule, prescribe. Such withdrawal shall be effective immediately upon receipt by the Commission.
Structure US Code
CHAPTER 2D— INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER I— INVESTMENT COMPANIES
§ 80a–1. Findings and declaration of policy
§ 80a–2. Definitions; applicability; rulemaking considerations
§ 80a–3. Definition of investment company
§ 80a–3a. Protection of philanthropy under State law
§ 80a–4. Classification of investment companies
§ 80a–5. Subclassification of management companies
§ 80a–7. Transactions by unregistered investment companies
§ 80a–8. Registration of investment companies
§ 80a–9. Ineligibility of certain affiliated persons and underwriters
§ 80a–10. Affiliations or interest of directors, officers, and employees
§ 80a–11. Offers to exchange securities
§ 80a–12. Functions and activities of investment companies
§ 80a–13. Changes in investment policy
§ 80a–14. Size of investment companies
§ 80a–15. Contracts of advisers and underwriters
§ 80a–17. Transactions of certain affiliated persons and underwriters
§ 80a–18. Capital structure of investment companies
§ 80a–19. Payments or distributions
§ 80a–20. Proxies; voting trusts; circular ownership
§ 80a–21. Loans by management companies
§ 80a–23. Closed-end companies
§ 80a–24. Registration of securities under Securities Act of 1933
§ 80a–25. Reorganization plans; reports by Commission
§ 80a–26. Unit investment trusts
§ 80a–27. Periodic payment plans
§ 80a–28. Face-amount certificate companies
§ 80a–29. Reports and financial statements of investment companies and affiliated persons
§ 80a–30. Accounts and records
§ 80a–31. Accountants and auditors
§ 80a–32. Filing of documents with Commission in civil actions
§ 80a–33. Destruction and falsification of reports and records
§ 80a–34. Unlawful representations and names
§ 80a–35. Breach of fiduciary duty
§ 80a–36. Larceny and embezzlement
§ 80a–37. Rules, regulations, and orders
§ 80a–38. Procedure for issuance of rules and regulations
§ 80a–39. Procedure for issuance of orders
§ 80a–40. Hearings by Commission
§ 80a–41. Enforcement of subchapter
§ 80a–42. Court review of orders
§ 80a–43. Jurisdiction of offenses and suits
§ 80a–44. Disclosure of information filed with Commission; copies
§ 80a–45. Reports by Commission; hiring and leasing authority
§ 80a–46. Validity of contracts
§ 80a–47. Liability of controlling persons; preventing compliance with subchapter
§ 80a–49. Construction with other laws
§ 80a–53. Election to be regulated as business development company
§ 80a–54. Acquisition of assets by business development companies
§ 80a–55. Qualifications of directors
§ 80a–56. Transactions with certain affiliates
§ 80a–57. Changes in investment policy
§ 80a–58. Incorporation of subchapter provisions
§ 80a–59. Functions and activities of business development companies
§ 80a–62. Distribution and repurchase of securities
§ 80a–63. Accounts and records
§ 80a–64. Preventing compliance with subchapter; liability of controlling persons