SEC Issues Notice on Joint Investment Order for Selected Funds
The notice binds BDCs, closed-end and open-end investment companies and affiliates, with a hearing deadline of Nov. 30, 2026.
The Securities and Exchange Commission filed a notice (Investment Company Act Release No. 36377; File No. 812-15955) on November 3, 2026, identified as FR Doc 2026-22648. The notice concerns an application by 83 Investment Group Income Fund, Morton Capital Management, LLC, RBE Capital Partners Fund LP and M83 Investment Group, LLC. The original application was filed on December 16, 2025 and subsequently amended on June 11, 2026 and September 18, 2026.
Applicants request an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 and rule 17d-1 to permit certain business development companies, closed-end management investment companies, and open-end management investment companies to co-invest in portfolio companies with each other and with certain affiliated investment entities, transactions otherwise prohibited by sections 17(d) and 57(a)(4) and rule 17d-1.
The Commission will issue the order unless a hearing is requested. Hearing requests must be emailed to the SEC's Secretary, include the file number, and be served on the applicants with proof of service. Requests must be received by 5:30 p.m., Eastern time, on November 30, 2026.
For further information, contact the SEC's Secretary at [email protected]; the applicants' contacts are Menachem Striks ([email protected]), Terrence Davis, Esq., and Tanya Boyle, Esq., DLA Piper, LLP ([email protected] and [email protected]). Additional inquiries may be directed to Rachel Loko, Senior Special Counsel, or Laura L. Solomon, Senior Counsel at (202) 551-6720 or [email protected]. The second amended application filed September 18, 2026 is available through the SEC's EDGAR system.
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