The U.S. Securities and Exchange Commission (SEC) has recently proposed a significant update to the definition of 'qualifying' venture capital (VC) funds. The aim of this update is to provide greater clarity and flexibility to investment advisers who manage VC funds and to better reflect the current market environment.
The current definition of a 'qualifying' VC fund was established in 2013 as part of the final rules under the Jumpstart Our Business Startups (JOBS) Act. This definition was meant to exempt VC funds from certain regulatory requirements, such as the need to register as investment advisers with the SEC. However, the rapidly evolving landscape of the venture capital industry has necessitated a reassessment of this definition.