Federal Register #2026-22648

SEC Notice on Affiliated Investment Funds’ Application to Co-Invest

The Securities and Exchange Commission (SEC) issued a notice about an application seeking permission for affiliated investment entities to co-invest in portfolio companies. - Government agency: Securities and Exchange Commission (SEC); no specific sub-agency or office is identified. - Applicants named: 83 Investment Group Income Fund, Morton Capital Management, LLC, RBE Capital Partners Fund LP, and M83 Investment Group, LLC. - Request: The applicants seek an order allowing certain business development companies, closed-end management investment companies, and open-end management investment companies to co-invest in portfolio companies with one another and with certain affiliated investment entities. - Notable requirement or issue: The requested relief concerns restrictions under sections 17(d) and 57(a)(4) of the Investment Company Act of 1940 and rule 17d-1. - Procurement status: This is an application notice, not a solicitation for products or services. No OEMs, products, quantities, contract value, or performance period are identified.

Description

The SEC notice concerns an application requesting an order permitting 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 certain affiliated investment entities. The application seeks relief from restrictions under sections 17(d) and 57(a)(4) of the Investment Company Act of 1940 and rule 17d-1. The application was filed on December 16, 2025, and amended on June 11, 2026, and September 18, 2026. Interested persons may request a hearing by November 30, 2026.

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