Nebraska Administrative Code
Topic - BANKING AND FINANCE, DEPARTMENT OF
Title 48 - DEPARTMENT OF BANKING AND FINANCE
Chapter 42 - EXCLUSION OF INVESTMENT ADVISERS TO PRIVATE FUNDS FROM THE DEFINITION OF "INVESTMENT ADVISER"
Section 48-42-010 - GRANDFATHERING FOR INVESTMENT ADVISERS TO 3(C)(1) FUNDS WITH NON-QUALIFIED CLIENTS

Current through March 20, 2024

An investment adviser to a 3(c)(1) fund, other than a venture capital fund, that has one or more beneficial owners who are not qualified clients as described in subsection 004.01, above, is eligible for the exclusion contained in section 003. above, of this regulation if the following conditions are satisfied:

010.01 The subject fund existed prior to the effective date of this regulation;

010.02 As of the effective date of this regulation, the subject fund ceases to accept beneficial owners who are not qualified clients, as described in subparagraph (c)(1) of this regulation:

010.03 The investment adviser discloses in writing the information described in subsection 004.02. above, to all beneficial owners of the fund: and

010.04 As of the effective date of this regulation, the investment adviser delivers audited financial statements as required by subsection 004.03

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