,,ii #aagth ,,congress #b;d ,session ,s4 #ciba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bd1 #bjbb,mr4 ,tillis 7for himself and ,mr4 ,scott of ,south ,carolina7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,securities ,act of #aicc to expand the definition of a qualifying accredited investor1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,equal ,opportunity for all ,investors ,act4 #b4 ,certification examinations for accredited investors 7a7 ,examination alternative ,section #b7;a77#ae7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b7a77#ae77 is amended-- 7#a7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively2 7#b7 in subparagraph 7,a71 as so redesignated1 by striking adviser2 or and inserting adviser22 7#c7 in subparagraph 7,b71 as so redesignated1 by striking the period at the end and inserting 2 or2 and 7#d7 by adding at the end the following3 7,c7 any individual who is certified as an accredited investor through an examination established or approved by the ,commission1 the securities commission 7or any agency or office performing like functions7 of any ,state1 or any self-regulatory organization as defined in the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#bf77 that-- 7i7 measures whether an individual certified as an accredited investor pursuant to such examination understands and appreciates the risks and opportunities of investing in securities2 7ii7 is designed to ensure that an individual with financial sophistication or training would be unlikely to fail2 and 7iii7 may be designed and_/or administered by any other person approved by the ,commission1 such securities commission1 or such self-regulatory organization4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act4 7c7 ,examination ,the ,commission shall establish or approve an examination that complies with subsection 7a7 no later than #ah months after the date of enactment of this ,act4 #c4 ,accredited investor self-certification ,section #d7;b7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;d7b77 is amended by inserting ,unless the issuer knows1 or has a reckless disregard for whether1 the purchaser is not an accredited investor1 obtaining a self-certification from the purchaser that the purchaser meets the income or net worth requirements of ,rule #eja of ,regulation ,d shall constitute reasonable steps to verify that purchasers of the securities are accredited investors4 after the period at the end4 #d4 ,modification of rules 7a7 ,in general ,not later than #i months after the date of the enactment of this ,act1 the ,securities and ,exchange ,commission shall revise its rules issued in section #bcj4eja7;a7 of title #ag1 ,code of ,federal ,regulations1 to make parallel changes set forth in ,section #b and to add to the definition of accredited investor the following categories3 7#a7 ,any natural person with at least #ejj1jjj worth of investments4 7#b7 ,any natural person with total transactions during a #ab-month period under section #bcj4ejf of title #ag1 ,code of ,federal ,regulations1 and under section #d7;a77#f7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;d7a77#f77 that are not greater than the highest amount of the following-- 7,a7 #aj percent of the total investments of the person2 7,b7 #aj percent of the annual income of the person or #aj percent of the annual combined income with that person's spouse2 or 7,c7 #aj percent of the net worth of the person excluding the value of the person's principal place of residence4 7b7 ,definitions 7#a7 ,definitions ,in this subsection3 7,a7 ,cash and cash equivalents ,the term cash and cash equivalents includes-- 7i7 bank deposits1 certificates of deposit1 bankers acceptances and similar bank instruments held for investment purposes2 and 7ii7 the net cash surrender value of an insurance policy4 7,b7 ,commodity interests ,the term commodity interests means commodity futures contracts1 options on commodity futures contracts1 and options on physical commodities traded on or subject to the rules of-- 7i7 any contract market designated for trading such transactions under the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a et seq47 and the rules issued under that ,act2 or 7ii7 any board of trade or exchange outside the ,united ,states1 as described in part #cj of title #ag1 ,code of ,federal ,regulations4 7,c7 ,digital assets ,the term digital assets-- 7i7 means a digital representation of value that-- 7,i7 is used as a medium of exchange1 unit of account1 or store of value2 and 7,,ii7 is not legal tender1 whether or not denominated in legal tender2 and 7ii7 does not include-- 7,i7 a transaction in which a merchant grants1 as part of an affinity or rewards program1 value that cannot be taken from or exchanged with the merchant for legal tender1 bank credit1 or virtual currency2 or 7,,ii7 a digital representation of value issued by or on behalf of a publisher and used solely within an online game1 game platform1 or family of games sold by the same publisher or offered on the same game platform4 7,d7 ,investment purposes ,the term investment purposes-- 7i7 includes-- 7,i7 real estate owned by a prospective purchaser who is engaged primarily in the business of investing1 trading1 or developing real estate in connection with such business2 and 7,,ii7 a commodity interest or physical commodity owned1 or a financial contract entered into1 by the prospective purchaser who is engaged primarily in the business of investing1 reinvesting1 or trading in commodity interests1 physical commodities1 or financial contracts in connection with such business2 and 7ii7 does not include real estate held for investment purposes by a prospective purchaser if the real estate is used by the prospective purchaser1 a sibling1 spouse or former spouse1 a direct lineal descendant by birth or adoption1 or spouse of such lineal descendant or ancestor for personal purposes or as a place of business1 or in connection with the conduct of the trade or business of the prospective purchaser or such related person4 7,e7 ,investments ,the term investments means-- 7i7 securities1 as defined in section #b7;a7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b7a771 other than securities issued by an issuer that is controlled by the prospective purchaser that owns such securities2 7ii7 real estate held for investment purposes2 7iii7 commodity interests held for investment purposes2 7iv7 physical commodities held for investment purposes2 7v7 digital assets held for investment purposes2 7vi7 to the extent not securities1 financial contracts 7as such term is defined in section #c7;c77#b77;,b77ii7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a#c7;c77#b77;,b77ii777 entered into for investment purposes2 and 7vii7 cash and cash equivalents 7including foreign currencies7 held for investment purposes4 7,f7 ,personal purposes ,the term personal purposes does not include residential real estate if deductions with respect to such real estate are not disallowed by section #bhj;,a of the ,internal ,revenue ,code of #aihf4 7,g7 ,physical commodities ,the term physical commodities means any physical commodity with respect to which a commodity interest is traded on a market described in subparagraph 7,b77i74 7c7 ,self-execution ,if the ,securities and ,exchange ,commission does not revise its rules in accordance with the deadline set forth in subsection 7a71 then any person described in subsection 7b7 shall be deemed to be an accredited investor for all purposes under the ,federal securities laws 7including regulations74 #e4 ,adjusting the accredited investor standard ,section #dac of the ,private ,fund ,investment ,advisers ,registration ,act of #bjaj 7#ae ,u4,s4,c4 #gg;b note7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,review and adjustment 7#a7 ,in general ,the ,commission may undertake a review of the definition of the term accredited investor1 as such term applies to natural persons1 to determine whether the requirements of the definition1 excluding the requirement relating to the net worth standard described in subsection 7a71 should be adjusted or modified for the protection of investors1 in the public interest1 and in light of the economy4 7#b7 ,adjustment or modification ,upon completion of a review under paragraph 7#a71 the ,commission may1 by notice and comment rulemaking1 make such adjustments to the definition of the term accredited investor1 excluding adjusting or modifying the requirement relating to the net worth standard described in subsection 7a71 as such term applies to natural persons1 as the ,commission may deem appropriate for the protection of investors1 in the public interest1 and in light of the economy4 4