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H. Rept. 114-199 1 (2015-07-14)

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                   114TH CONGRESS                                      REPORT
                      1st Session   HOUSE  OF  REPRESENTATIVES        114-199





                               SBIC ADVISERS RELIEF ACT OF 2015


                    JULY 14, 2015.-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. 432]

                            [Including cost estimate of the Congressional Budget Office]
                     The Committee  on Financial Services, to whom was referred the
                   bill (H.R. 432) to amend the Investment Advisers Act of 1940 to
                   prevent duplicative regulation of advisers of small business invest-
                   ment  companies,  having considered the  same, report favorably
                   thereon without amendment  and  recommend  that the bill do pass.
                                       PURPOSE  AND  SUMMARY
                     H.R. 432, the SBIC Advisers Relief Act of 2015, amends the In-
                   vestment Advisers Act  of 1940 to reduce unnecessary regulatory
                   costs and eliminate duplicative regulation of advisers to Small
                   Business Investment  Companies  (SBICs). The  bill preempts any
                   state registration requirements of those advisers solely advising
                   SBIC  funds; allows advisers to venture capital funds to continue to
                   be exempt reporting advisers if they also advise an SBIC fund;
                   and prevents the inclusion of the assets of an SBIC fund in the
                   SEC  registration calculation of assets under management for those
                   advisers that advise private funds in addition to SBIC funds.
                               BACKGROUND   AND NEED  FOR LEGISLATION
                     Private equity funds pool private investors' money and invest it
                   as new equity in an enterprise. Private equity funds typically hire
                   advisers to counsel the fund on where to deploy its resources. The
                   Dodd-Frank  Act creates a regulatory regime for advisers of private
                   equity funds, including advisers of private funds. Under this new
                   system, advisers to private funds must register as investment ad-
                   visers with the SEC. However, there are several exemptions from
                      49-006

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