SEC readies exemptive order for Carlyle employee co-investment vehicle
The SEC has published notice of an application by The Carlyle Group and a co-investment partnership for an order exempting employee investment vehicles from most of the Investment Company Act of 1940. The relief will be granted unless someone requests a hearing by November 17. This is the procedural step that precedes a final order, and it sets out exactly which provisions Carlyle wants switched off and which stay in force.
- The relief is sought under sections 6(b) and 6(e) of the Investment Company Act of 1940 and would exempt employee partnerships from most of the Act.
- Sections 9, 17, 30 and 36 through 53 remain in force, with only limited exemptions requested under parts of sections 17 and 30 and rule 38a-1.
- Each partnership qualifies as an 'employees' securities company' within the meaning of section 2(a)(13) of the Act.
- Hearing requests must reach the Commission by 5:30 p.m. Eastern on November 17, 2026, or the order will be granted.
- The application was filed on December 28, 2021, and amended on May 20, 2022, December 1, 2022, July 29, 2025, and October 22, 2026.