Investment Company Act of 1940 - Rule 3c-2
Definition of Beneficial Ownership in
Small Business Investment Companies
For the purpose of section 3(c)(1) of the Act, beneficial ownership by a company owning 10 per centum or more
of the outstanding voting securities of any issuer which is a small business investment company licensed to operate
under the Small Business Investment Act of 1958, or which has received from the Small Business Administration
notice to proceed to qualify for a license, which notice or license has not been revoked, shall be deemed to be
beneficial ownership by one person (a) if and so long as the value of all securities of small business investments
companies owned by such company does not exceed 5 per centum of the value of its total assets; or (b) if and so
long as such stock of the small business investment company shall be owned by a state development corporation
which has been created by or pursuant to an act of the State legislature to promote and assist the growth and
development of the economy within such State on a state-wide basis: Provided, That such State development
corporation is not, or as a result of its investment in the small business investment company (considering such
investment as an investment security) would not be, an investment company as defined in section 3 of the Act.