US Codex
Bill
Notes

To amend the definition of an accredited investor to include individuals receiving advice from certain professionals, and for other purposes.

H.R. 2773 · 118th Congress · Apr 20, 2023 · Lineage

A BILL

Section 1 Accredited investors include individuals receiving advice from certain professionals

(a)
Securities Act of 1933— Section 2(a)(15) of the Securities Act of 1933 (15 U.S.C. 77b(a)(15)) is amended—
(1)
by striking “(15) The term accredited investor shall mean—” and inserting the following:

“(15) Accredited investor

“(A) In general—The term accredited investor means—”

(2)
in clause (i), by striking “or” at the end;
(3)
in clause (ii), by striking the period at the end and inserting “; or”;
(4)
by adjusting the indentation of clauses (i) and (ii) by moving such clauses 2 ems to the right; and
(5)
by adding at the end the following:

“(iii) any individual receiving individualized investment advice or individualized investment recommendations with respect to the applicable transaction from an individual described under section 203.501(a)(10) of title 17, Code of Federal Regulations.

“(B) Definitions—In subparagraph (A)(iii):

“(i) Investment advice—The term “investment advice” shall be interpreted consistently with the interpretation of the phrase “engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities” under section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(a)(11)).

“(ii) Investment recommendation—The term “investment recommendation” shall be interpreted consistently with the interpretation of the term “recommendation” under section 240.15l–1 of title 17, Code of Federal Regulations.”

(b)
Conforming changes to regulations— The Securities and Exchange Commission shall revise section 203.501(a) of title 17, Code of Federal Regulations, and any other definition of “accredited investor” in a rule of the Commission in the same manner as such definition is revised under subsection (a).