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Title IV — Treatment Under Securities Laws

S. 2114 · 116th Congress · Jul 15, 2019 · Lineage

IV Treatment Under Securities Laws

Sec. 401 Qualified ISAs not treated as securities

A Qualified ISA and an income-share agreement shall not be treated as a security for purposes of the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), any similar State law, or any State law that directly or indirectly prohibits, limits, or imposes conditions, based on the merits of an offering or issuer of securities, upon the offer or sale of any security. Nothing in the preceding sentence may be construed to prevent an instrument that is collateralized by, or serviced by the cash flows of, a Qualified ISA from being treated as a security for purposes of any law described in that sentence.

Sec. 402 Businesses making Qualified ISAs excluded from investment company treatment

Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)) is amended—
(1)
in paragraph (4), by inserting “Qualified ISAs or income-share agreements (as those terms are defined in section 2 of the ISA Student Protection Act of 2019),” after “industrial banking,”; and
(2)
in paragraph (5)—
(A)
by inserting “, including purchasing or otherwise acquiring Qualified ISAs or income-share agreements (as those terms are defined in section 2 of the ISA Student Protection Act of 2019)” after “services” the first place it appears; and
(B)
by inserting “, including making Qualified ISAs or income-share agreements (as so defined)” after “services” the second place it appears.