fund shall be deemed to be a security that is listed on a national securities exchange and that is not subject to section 24(b) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–24(b) ). Communications concerning only covered investment funds that fall within the scope of such section shall not be required to be filed with FINRA. (e) Definitions For purposes of this Act: (1) The term covered investment fund research report means a research report published or distributed by a broker or dealer about a covered investment fund or any securities issued by the covered investment fund, but does not include a research report to the extent that the research report is published or distributed by the covered investment fund or any affiliate of the covered investment fund. (2) The term covered investment fund means— (A) an investment company registered under, or that has filed an election to be treated as a business development company under, the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq.) and that has filed a registration statement under the Securities Act of 1933 ( 15 U.S.C. 77a et seq.) for the public offering of a class of its securities, which registration statement has been declared effective by the Commission