hedge fund

(7) Illiquid fund (A) In general The term “illiquid fund” means a hedge fund or private equity fund that— (i) as of May 1, 2010 , was principally invested in, or was invested and contractually committed to principally invest in, illiquid assets, such as portfolio companies, real estate investments, and venture capital investments; and (ii) makes all investments pursuant to, and consistent with, an investment strategy to principally invest in illiquid assets. In issuing rules regarding this subparagraph, the Board shall take into consideration the terms of investment for the hedge fund or private equity fund, including contractual obligations, the ability of the fund to divest of assets held by the fund, and any other factors that the Board determines are appropriate. (B) Hedge fund For the purposes of this paragraph, the term “hedge fund” means any fund identified under subsection (h)(2), and does not include a private equity fund, as such term is used in section 80b–3(m) of title 15 .


12 USC § 1851(h)(7)

Scoping language

For the purposes of this paragraph
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