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H. Rept. 118-77 1 (2023-05-30)

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U.GOVERNMENT
INFORMATION .














                      118TH CONGRESS                                             REPORT
                         1st Session     HOUSE OF REPRESENTATIVES                 118-77







                       EQUAL OPPORTUNITY FOR ALL INVESTORS ACT OF 2023



                       MAY  30, 2023.-Committed to the Committee of the Whole House on the State of
                                           the Union and ordered to be printed



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


                                                 R  E  P   O  R  T

                                               [To accompany H.R. 2797]

                                [Including cost estimate of the Congressional Budget Office]

                        The  Committee on Financial Services, to whom was referred the
                      bill (H.R. 2797) to amend   the Securities  Act of 1933  to require cer-
                      tification examinations  for accredited  investors, and  for other  pur-
                      poses, having  considered  the  same,  reports  favorably thereon   with
                      an amendment and recommends that the bill as amended do pass.
                        The  amendment is as follows:
                        Strike all after the enacting  clause and  insert the following:

                      SECTION 1. SHORT TITLE.
                        This Act may be cited as the Equal Opportunity for All Investors Act of 2023.
                      SEC. 2. CERTIFICATION EXAMINATIONS FOR ACCREDITED INVESTORS.
                        (a) IN GENERAL.-The Securities and Exchange Commission shall revise the defi-
                      nition of accredited investor under Regulation D (section 230.501 of title 15, Code
                      of Federal Regulations) to include any natural person who is certified through the
                      examination required under subsection (b).
                        (b) ESTABLISHMENT OF EXAMINATION.-Not later than 1 year after the date of the
                      enactment of this Act, the Securities and Exchange Commission shall establish an
                      examination (including a test, certification, or examination program)-
                           (1) to certify an individual as an accredited investor; and
                           (2) that-
                               (A) is designed with an appropriate level of difficulty such that an indi-
                             vidual with financial sophistication would be unlikely to fail; and
                               (B) includes methods to determine whether an individual seeking to be
                             certified as an accredited investor demonstrates competency with respect
                             to-
                                   (i) the different types of securities;
                                   (ii) the disclosure requirements under the securities laws applicable
                                 to issuers and private companies as compared to public companies;
                                   (iii) corporate governance;
                                   (iv) financial statements and the components of such statements;
                         39-006

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