Title 15 — Commerce and Trade
Part B · Chapter 14B — Small Business Investment Program
§ 689d. Debentures
Statutory text
In general
The Administrator may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any New Markets Venture Capital company.
Terms and conditions
The Administrator may make guarantees under this section on such terms and conditions as it deems appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years.
Full faith and credit of the United States
The full faith and credit of the United States is pledged to pay all amounts that may be required to be paid under any guarantee under this part.
Maximum guarantee
In general
Under this section, the Administrator may guarantee the debentures issued by a New Markets Venture Capital company only to be 1 extent that the total face amount of outstanding guaranteed debentures of such company does not exceed 150 percent of the private capital of the company, as determined by the Administrator.
Treatment of certain Federal funds
For the purposes of paragraph (1), private capital shall include capital that is considered to be Federal funds, if such capital is contributed by an investor other than an agency or department of the Federal Government.
Investment limitations
Definition
In this subsection, the term “covered New Markets Venture Capital company” means a New Markets Venture Capital company—
granted final approval by the Administrator under section 689c(e) of this title on or after ; and
that has obtained a financing from the Administrator.
Limitation
Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this subchapter for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of—
the regulatory capital of the covered New Markets Venture Capital company; and
the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.
Footnotes
- 1 So in original. Probably should be “the”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–699 title III § 355 · 72 Stat. 689
Enacted · 15 U.S.C. § 689d
Pub. L. 85–699, title III, § 355, as added Pub. L. 106–554, § 1(a)(8) [§ 1(b)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A–658
Source evidence
Code source credit
Pub. L. 85–699, title III, § 355, as added Pub. L. 106–554, § 1(a)(8) [§ 1(b)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A–658Small Business Job Creation and Access to Capital Act of 2010
Pub. L. 111–240 title I § 1115 · 124 Stat. 2504
Added · 15 U.S.C. § 689d(e)
Pub. L. 111–240 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–240 added subsec. (e).Enacted provision · exact public law section
SEC. 1115. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS. Section 355 of the Small Business Investment Act of 1958 (15 U.S.C. 689d) is amended by adding at the end the following: “(e) Investment Limitations.— “(1) Definition.— In this subsection, the term ‘covered New Markets Venture Capital company’ means a New Markets Venture Capital company— “(A) granted final approval by the Administrator under section 354(e) on or after March 1, 2002; and “(B) that has obtained a financing from the Administrator. “(2) Limitation.— Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this title for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of— “(A) the regulatory capital of the covered New Markets Venture Capital company; and “(B) the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.” .
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2010—Subsec. (e). Pub. L. 111–240 added subsec. (e).
Credits
2000–2010 · 2 acts
- 2000Pub. L. 85–699, title III, § 355, as added Pub. L. 106–554, § 1(a)(8) [§ 1(b)(3)], , 114 Stat. 2763, 2763A–658
- 2010amended Pub. L. 111–240, title I, § 1115, , 124 Stat. 2508.
Show as published
(Pub. L. 85–699, title III, § 355, as added Pub. L. 106–554, § 1(a)(8) [§ 1(b)(3)], , 114 Stat. 2763, 2763A–658; amended Pub. L. 111–240, title I, § 1115, , 124 Stat. 2508.)