an investment company pursuant to Section 3(c)(10)(B) of the federal Investment Company Act of 1940 (15 U.S.C. Section 80a-3(c)(10)(B)); except that with respect to the offer or sale of a note, bond, debenture or other evidence of indebtedness issued by such a person, a rule may be adopted pursuant to the New Mexico Uniform Securities Act limiting the availability of this exemption by classifying