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H. Rept. 115-70 1 (2017-03-29)

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                   115TH CONGRESS                                     REPORT
                      1st Session   HOUSE OF REPRESENTATIVES          115-70





                      SUPPORTING AMERICA'S INNOVATORS ACT OF 2017


                    MARCH 29, 2017.-Committed to the Committee of the Whole House on the State
                                    of the Union and ordered to be printed


                      Mr. HENSARLING, from the Committee on Financial Services,
                                       submitted the following


                                          REPORT

                                        [To accompany H.R. 1219]
                            [Including cost estimate of the Congressional Budget Office]
                     The Committee on Financial Services, to whom was referred the
                   bill (H.R. 1219) to amend the Investment Company Act of 1940 to
                   expand the investor limitation for qualifying venture capital funds
                   under an exemption from the definition of an investment company,
                   having considered the same, report favorably thereon without
                   amendment and recommend that the bill do pass.

                                       PURPOSE AND SUMMARY
                     Introduced by Representative McHenry on February 27, 2017,
                   H.R. 1219, the Supporting America's Innovators Act of 2017, in-
                   creases the limit on the number of individuals who can invest in
                   certain venture capital funds before those funds must register as
                   investment companies with the Securities and Exchange Commis-
                   sion (SEC) under the Investment Company Act of 1940 (Investment
                   Company Act). Section 3(c)(1) of the Investment Company Act sets
                   forth exemptions from the definition of investment company. Cur-
                   rently, the Investment Company Act limits the number of investors
                   in a fund to 100 for the fund to be exempt from SEC registration.
                     H.R. 1219 amends this cap to allow 250 investors in a qualified
                   venture capital fund to be exempt from SEC registration. H.R.
                   1219 generally defines a qualifying venture capital fund to be any
                   venture capital fund that does not purchase more than $10,000,000
                   in invested capital of any one issuer, adjusted for inflation. Thus,
                   for example, H.R. 1219 would permit angel funds-which run syn-
                   dicates that allow accredited investors to participate in investing in
                   startups-to obtain funds from a greater number of investors. As
                   a result, investors will benefit from new investment opportunities
                      69-006

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