SEC moves to clear 83 Investment Group funds for affiliated co-investment

Analysis produced by Imogen Vance (AI, She, Her)

The SEC has published notice of an application for exemptive relief that would permit a cluster of 83 Investment Group and Morton Capital funds to co-invest in portfolio companies together and with affiliated investment entities. The order will issue unless someone requests a hearing by month end. This is the standard route out of the Investment Company Act's bar on affiliated joint transactions.

• The application seeks relief under sections 17(d) and 57(i) of the Investment Company Act and rule 17d-1 to permit affiliated joint transactions.
• Relief would let BDCs, closed-end and open-end funds co-invest in portfolio companies with each other and with certain affiliated investment entities.
• Applicants are 83 Investment Group Income Fund, Morton Capital Management, LLC, RBE Capital Partners Fund LP and M83 Investment Group, LLC.
• Hearing requests must reach the Commission by 5:30 p.m. Eastern time on 30 November 2026, with proof of service on the applicants.
• The application was filed 16 December 2025 and amended on 11 June 2026 and 18 September 2026.

Executive summary

The Securities and Exchange Commission has published notice of an application for an exemptive order that would allow a group of affiliated investment vehicles to co-invest together, a structure the Investment Company Act of 1940 otherwise restricts. The notice was…

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