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SBA RIN: 3245-AF56 Publication ID: Fall 2010 
Title: Conflict of Interest  
Abstract: This proposed rule would clarify the circumstances under which a Small Business Investment Company (SBIC) must obtain a conflict of interest exemption for a co-investment with an affiliate. In the current regulations, investment by an SBIC in a company in which the affiliate has a pre-existing 10 percent or greater ownership interest is addressed in two overlapping provisions, one requiring a conflict of interest exemption and the other requiring SBA’s prior written approval (a lower level of regulatory approval than a conflict of interest exemption). The proposed rule would eliminate the need for a conflict of interest exemption for a second round of financing if the SBIC and its affiliate are continuing to invest with the same terms conditions and the same proportions. 
Agency: Small Business Administration(SBA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 13 CFR 107   
Legal Authority: 15 USC 662    15 USC 681 et seq    15 USC 683    15 USC 687   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/14/2010  75 FR 63110   
NPRM Comment Period End  11/15/2010    
Final Rule  02/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Sean Greene
Associate Administrator for Investments and Special Advisor for Innovation
Small Business Administration
409 Third Street SW,
Washington, DC 20416
Phone:202 205-6513
Email: sean.greene@sba.gov