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https://www.investor.gov/introduction-investing/general-resources/news-alerts/alerts-bulletins/investor-bulletins/publicly-traded-business-development-companies-bdcs-investor-bulletinAs a technical matter, BDCs are not registered investment companies. However, they elect to be subject to many of the regulations applicable to registered investment companies.
https://www.blueowlcapitalcorporation.com/about-blue-owl-capital-corp/what-is-a-bdcMost BDCs elect to be treated as a regulated investment company (RIC), which provides for pass-through tax treatment of net income. BDC dividend payments to shareholders are not subject to entity-level tax on distributed income. In this manner, a BDC operates like a real estate investment trust (REIT) or master limited partnership (MLP) that offers access to the ownership of real estate assets and energy assets, respectively, and passes through investment income.
Form N-1A instruction 3(f)(i)“Acquired Fund” means any company in which the Fund invests or has invested during the relevant fiscal period that ... is an investment company ...
15 U.S. Code § 80a-3(a)(1)“investment company” means any issuer which—
(A)is or holds itself out as being engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, or trading in securities;
(B)is engaged or proposes to engage in the business of issuing face-amount certificates of the installment type, or has been engaged in such business and has any such certificate outstanding; or
(C)is engaged or proposes to engage in the business of investing, reinvesting, owning, holding, or trading in securities, and owns or proposes to acquire investment securities having a value exceeding 40 per centum of the value of such issuer’s total assets (exclusive of Government securities and cash items) on an unconsolidated basis.
Robert Jackson and Joh Morely, SPACs as Investment Funds, Wharton (July 14, 2022)The principal regulation for investment funds in the United States is the Investment Company Act of 1940 (“ICA”). It applies to any company that is “engaged primarily” in the business of investing in securities. Because SPACs invest 100% of their assets in securities prior to their acquisitions, many of them qualify as investment companies under this definition.
https://www.heraldtribune.com/story/news/2004/04/21/chief-executive-janus-capital-steps/28801376007/One Web site, FundAlarm.com, has been running what it calls a Whiston Watch, or a tally of how long Mr. Whiston has declined to explain "his role in the Janus market timing scandal, including what he knew and when he knew it." Mr. Whiston's departure means "another ghost of the past is gone," said Robert A. Olstein, whose Olstein Financial Alert fund has been buying Janus stock. "It shows me they are moving in the right direction."
Not sure reading the article would help much with my question. I’m interested in what happens to these types of stocks if the markets enter a steep downturn? Barron’s does not address that.. There was a thread here about TROW (with a caption like ”Buy TROW instead of its funds?”) 5-6 years ago. How’d that go?@hank : Just a guess, thinking for long term holders?
P.S. I didn't read the article.
OJ, I always thought that once the average person had access to the WWW, they would become more formidable intellectually.That's pretty interesting. Looking ahead, let's propose that the bugs get worked out of AI, and a basically reliable information source becomes widely available to almost anyone. What sort of impact would that have on financial markets?
And if not, ChatGPT can always make some up....!The nice thing about financial information sources is that there are so many different results to choose from. :)
A simple gloomy model you could have of private equity is:Like: There was an arbitrage, and correcting it made people rich, and now it is corrected, so correcting it can no longer make you rich. If you want to buy a good company, lever it up, improve its operations and sell it back to the public markets:1. Once upon a time, companies were mispriced. Lots of companies were available cheaply. Their price didn’t reflect the present value of their cash flows, or at least, it didn’t reflect the present value of the cash flows they could reasonably achieve if you added some leverage and improved their management.
2. A few ambitious risk-seeking entrepreneurs noticed this systematic mispricing and set out to fix it. They raised money from friends and family and patient investors who were willing to take risk, they bought companies at low prices, levered them up, fixed their operations and resold them after a few years at higher prices.
3. It helped, in doing this business, that interest rates were declining for decades and valuation multiples were rising. If you bought a company, did nothing to it, waited five years and sold it, you’d have a profit just from valuation tailwinds.
4. The people who started this business — private equity — made great returns for their investors and became billionaires themselves.
5. This attracted many, many more people to the business. Who wouldn’t want to become a billionaire by buying and selling companies? Who wouldn’t want to invest with them?
6. So now private equity is the default career path for smart ambitious people entering the financial industry, and private equity firms are now giant alternative asset managers with hundreds of billions of dollars under management.
7. Why would companies be mispriced?In the golden age of private equity, private equity ownership was an exception, a way to move companies from a low-value state to a high-value state. In 2025, private equity ownership is almost the norm: Huge chunks of modern business are owned by private equity funds rather than public shareholders. It would be a little weird if those private equity funds could all sustainably get much higher returns than public shareholders.• Other private equity firms have already bought most of the good companies;
• The companies that are left have all levered themselves up and hired consultants to improve their operations, like a private equity firm would have done, so there’s no reward to you for doing that;
• Interest rates have gone up, so borrowing money is more expensive now than it was a few years ago; and
• Other private equity firms own tons of companies that they want to sell, so you have to compete with them when you try to sell your company back to the public markets, and you won’t get a premium price.
Anyway Bloomberg’s Allison McNeely, Preeti Singh and Laura Benitez report on gloomy times for private equity:Perfect time to, uh, sell private equity to retail?After a half-century of meteoric growth, buyout firms are facing challenges at every step of their life cycle: Attractive takeover targets are scarcer, financing costs are up and it’s harder to cash out old investments and deliver the robust returns once promised to pension managers, endowments, foundations and wealthy individuals. Even dealmakers are frustrated — waiting to collect their share of profits known as carried interest that comes when investments are successfully wrapped up. …
“Private equity has lost its way and has to go back to what this industry — that employs the brightest and best minds — does best,” Orlando Bravo, managing partner of private equity firm Thoma Bravo, said in an interview. That’s “buying and selling companies and generating great returns for its investors.” …
“Many PE firms are dead already, they just don’t know it,” said Charles Wilson, senior vice president of investment management at industry recruiter Selby Jennings. “Survival will likely hinge on how forgiving managers find their LPs to be when they hit the fundraising trail again in coming years.”
The troubles follow a long, high-flying era. For more than a decade, rock-bottom interest rates and cheap financing helped firms scoop up businesses, re-engineer their finances and then unload them at lofty valuations. But when the Federal Reserve started hiking borrowing costs in 2022, the industry got stuck — unable to exit holdings at the prices and returns they had been touting in marketing pitches and updates to clients. …
Privately, many institutional investors concede that their expectations from private equity investments are muted for the next decade compared with the previous 10 years.

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