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2015-31704 Use of Derivatives by Registered Investment Companies and Business Development Companies Proposed Rule The Securities and Exchange Commission (the "Commission" or "SEC") is proposing rule 18f-4, a new exemptive rule under the Investment Company Act of 1940 (the "Investment Company Act" or "Act") designed to address the investor protection purposes and concerns underlying section 18 of the Act and to provide an updated and more comprehensive approach to the regulation of funds' use of derivatives. The proposed rule would permit mutual funds, exchange- traded funds ("ETFs"), closed-end funds, and companies that have elected to be treated as business development companies ("BDCs") under the Act (collectively, "funds") to enter into derivatives transactions and financial commitment transactions (as those terms are defined in the proposed rule) notwithstanding the prohibitions and restrictions on the issuance of senior securities under section 18 of the Act, provided that the funds comply with the conditions of the proposed rule. A fund that relies on the proposed rule in order to enter into derivatives transactions would be required to: comply with one of two alternative portfolio limitations designed to impose a limit on the amount of leverage the fund may obtain through derivatives transactions and other senior securities transactions; manage the risks associated with the fund's derivatives transactions by maintaining an amount of certain assets, defined in the proposed rule as "qualifying coverage assets," designed to enable the fund to meet its obligations under its derivatives transactions; and, depending on the extent of its derivatives usage, establish a formalized derivatives risk management program. A fund that relies on the proposed rule in order to enter into financial commitment transactions would be required to maintain qualifying coverage assets equal in value to the fund's full obligations under those transactions. The Commission also is proposing amendments to proposed Form N-PORT and proposed Form N-CEN that would require reporting and disclosure of certain information regarding a fund's derivatives usage. 2015-12-28 2015 12 https://www.federalregister.gov/documents/2015/12/28/2015-31704/use-of-derivatives-by-registered-investment-companies-and-business-development-companies https://www.govinfo.gov/content/pkg/FR-2015-12-28/pdf/2015-31704.pdf Securities and Exchange Commission 466 The Securities and Exchange Commission (the "Commission" or "SEC") is proposing rule 18f-4, a new exemptive rule under the Investment Company Act of 1940 (the "Investment Company Act" or "Act") designed to address the investor protection purposes and...

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