US private placement: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 14: Line 14:
Exemptions from requirement to register under the Securities Act as an investment company
Exemptions from requirement to register under the Securities Act as an investment company
====Rule 3a-7====
====Rule 3a-7====
[[Rule 3a-7]] of the [[Investment Company Act of 1940]] excludes issuers of [[asset-backed securities]] (ABS) from the definition of “investment company” where their securities are either rated<ref>In 1 of the 4 highest categories assigned to long-term debt, or an equivalent for short-term debt, by at least one nationally-recognised statistical rating agency.</ref> or purchased exclusively by [[qualified purchaser]]s<ref>Or “[[accredited investor]]s” or “[[qualified institutional buyers]]”</ref> and who do not make public offerings of their securities.  
[[Rule 3a-7]] of the [[Investment Company Act of 1940]] excludes issuers of [[asset-backed securities]] from the definition of “[[investment company]]” where their securities are either rated<ref>“In 1 of the 4 highest categories assigned to long-term debt, or an equivalent for short-term debt, by at least one nationally-recognised statistical rating agency.</ref> or purchased exclusively by [[qualified purchaser]]s<ref>Or “[[accredited investor]]s” or “[[qualified institutional buyers]]”</ref> and who do not make public offerings of their securities.  
Rule 3a-7 does not qualify for the Volcker “covered fund” exemption.
 
Rule 3a-7 funds do not qualify for the Volcker “covered fund” exemption.


[[Self-liquidating securities]] are securities that are backed by assets that generate cash flows to repay the securities. For example, mortgage-backed securities are self-liquidating because they are backed by mortgages that produce monthly payments. Tentatively emission allowances are not self-liquidating securities because they do not have a cashflow and do not automatically redeem
[[Self-liquidating securities]] are securities that are backed by assets that generate cash flows to repay the securities. For example, mortgage-backed securities are self-liquidating because they are backed by mortgages that produce monthly payments. Tentatively emission allowances are not self-liquidating securities because they do not have a cashflow and do not automatically redeem