§ 80a-61. Loans

Notwithstanding the exemption set forth in section 80a-6(f) of this title, section 80a-21 of this title shall apply to a business development company to the same extent as if it were a registered closed-end investment company, except that nothing in that section shall be deemed to prohibit -

• (1) any loan to a director, officer, or employee of, or general partner in, a business development company for the purpose of purchasing securities of such company as part of an executive compensation plan, if such loan meets the requirements of section 80a-56(j) of this title; or
• (2) any loan to a company controlled by a business development company, which companies could be deemed to be under common control solely because a third person controls such business development company.