(1) "Company" means a corporation, partnership, association, joint stock company, trust, or any organized group of persons, whether incorporated or not; or any receiver, trustee in a case under Title 11 of the United States Code or similar official or any liquidating agent for any of the foregoing, in the person's capacity as such. "Company" shall not include:
- (a) a company required to be registered under the Investment Company Act of 1940 that is not so registered;
- (b) a private investment company defined as an investment company under Section 3(a) of the Investment Company Act of 1940 but for the exception in Section 3(c)(1) of that Act;
- (c) an investment company registered under the Investment Company Act of 1940; or
- (d) a business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940, unless each equity owner of the company, other than the investment adviser entering into the contract, is a natural person or company within the meaning of Subsection R164-2-3(1).
- (2) "Custody" is defined as in Rule 206(4)-2(d)(2) of the Investment Advisers Act of 1940.
- (3) "SEC" means the United States Securities and Exchange Commission.
These definitions supplement the definitions set forth in Section 61-1-13:
KEY: securities, securities regulation, investment advisers, custody requirements
Date of Last Change: March 11, 2022
Notice of Continuation: December 18, 2024
Authorizing, and Implemented or Interpreted Law: 61-1-2; 61-1-24