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FEDERAL · 13 CFR

Part 108 — New Markets Venture Capital (“NMVC”) Program

103 sections · Title 13: Business Credit and Assistance

§ 108.10Description of the New Markets Venture Capital Program.
§ 108.20Legal basis and applicability of this part 108.
§ 108.30Amendments to Act and regulations.
§ 108.40How to read this part 108.
§ 108.50Definition of terms.
§ 108.100Business form.
§ 108.110Qualified management.
§ 108.120Economic development primary mission.
§ 108.130Identified Low Income Geographic Areas.
§ 108.140SBA approval of initial Management Expenses.
§ 108.150Management and ownership diversity requirement.
§ 108.160Special rules for NMVC Companies formed as limited partnerships.
§ 108.200Adequate capital for NMVC Companies.
§ 108.210Minimum capital requirements for NMVC Companies.
§ 108.230Private Capital for NMVC Companies.
§ 108.300When and how to apply for designation as a NMVC Company.
§ 108.310Contents of application.
§ 108.320Contents of comprehensive business plan.
§ 108.330Grant issuance fee.
§ 108.340Evaluation and selection—general.
§ 108.350Eligibility and completeness.
§ 108.360Evaluation criteria.
§ 108.370Conditional approval.
§ 108.380Final approval as a NMVC Company.
§ 108.400Changes in ownership of 10 percent or more of NMVC Company but no change of Control.
§ 108.410Changes in Control of NMVC Company (through change in ownership or otherwise).
§ 108.420Prohibition on exercise of ownership or Control rights in NMVC Company before SBA approval.
§ 108.430Notification to SBA of transactions that may change ownership or Control.
§ 108.440Standards governing prior SBA approval for a proposed transfer of Control.
§ 108.450Notification to SBA of pledge of NMVC Company's shares.
§ 108.460Restrictions on Common Control or ownership of two (or more) NMVC Companies.
§ 108.470SBA approval of merger, consolidation, or reorganization of NMVC Company.
§ 108.500Lawful operations under the Act.
§ 108.502Representations to the public.
§ 108.503NMVC Company's adoption of an approved valuation policy.
§ 108.504Equipment and office requirements.
§ 108.506Safeguarding the NMVC Company's assets/Internal controls.
§ 108.507Violations based on false filings and nonperformance of agreements with SBA.
§ 108.509Employment of SBA officials.
§ 108.510SBA approval of NMVC Company's Investment Adviser/Manager.
§ 108.520Management Expenses of a NMVC Company.
§ 108.530Restrictions on investments of idle funds by NMVC Companies.
§ 108.550Prior approval of secured third-party debt of NMVC companies.
§ 108.585Voluntary decrease in NMVC Company's Regulatory Capital.
§ 108.600General requirement for NMVC Company to maintain and preserve records.
§ 108.610Required certifications for Loans and Investments.
§ 108.620Requirements to obtain information from Portfolio Concerns.
§ 108.630Requirement for NMVC companies to file financial statements and supplementary information with SBA (SBA Form 468).
§ 108.640Requirement to file portfolio financing reports (SBA Form 1031).
§ 108.650Requirement to report portfolio valuations to SBA.
§ 108.660Other items required to be filed by NMVC Company with SBA.
§ 108.680Reporting changes in NMVC Company not subject to prior SBA approval.
§ 108.690Examinations.
§ 108.691Responsibilities of NMVC Company during examination.
§ 108.692Examination fees.
§ 108.700Compliance with size standards in part 121 of this chapter as a condition of Assistance.
§ 108.710Requirement to finance Low-Income Enterprises.
§ 108.720Small Businesses that may be ineligible for financing.
§ 108.730Financings which constitute conflicts of interest.
§ 108.740Portfolio diversification (“overline” limitation).
§ 108.760How a change in size or activity of a Portfolio Concern affects the NMVC Company and the Portfolio Concern.
§ 108.800Financings in the form of equity interests.
§ 108.820Financings in the form of guarantees.
§ 108.825Purchasing securities from an underwriter or other third party.
§ 108.885Disposition of assets to NMVC Company's Associates.
§ 108.900Fees for management services provided to a Small Business by a NMVC Company or its Associate.
§ 108.1100Type of Leverage and application procedures.
§ 108.1120General eligibility requirement for Leverage.
§ 108.1130Leverage fees payable by NMVC Company.
§ 108.1140NMVC Company's acceptance of SBA remedies under § 108.1810.
§ 108.1150Maximum amount of Leverage for a NMVC Company.
§ 108.1200SBA's Leverage commitment to a NMVC Company—application procedure, amount, and term.
§ 108.1220Requirement for NMVC Company to file financial statements at the time of request for a draw.
§ 108.1230Draw-downs by NMVC Company under SBA's Leverage commitment.
§ 108.1240Funding of NMVC Company's draw request through sale to third-party.
§ 108.1600SBA authority to issue and guarantee Trust Certificates.
§ 108.1610Effect of prepayment or early redemption of Leverage on a Trust Certificate.
§ 108.1620Functions of agents, including Central Registration Agent, Selling Agent and Fiscal Agent.
§ 108.1630SBA regulation of Brokers and Dealers and disclosure to purchasers of Leverage or Trust Certificates.
§ 108.1640SBA access to records of the CRA, Brokers, Dealers and Pool or Trust assemblers.
§ 108.1700Transfer by SBA of its interest in a NMVC Company's Leverage security.
§ 108.1710SBA authority to collect or compromise its claims.
§ 108.1720Characteristics of SBA's guarantee.
§ 108.1810Events of default and SBA's remedies for NMVC Company's noncompliance with terms of Debentures.
§ 108.1830NMVC Company's Capital Impairment definition and general requirements.
§ 108.1840Computation of NMVC Company's Capital Impairment Percentage.
§ 108.1900Termination of participation as a NMVC Company.
§ 108.1910Non-waiver of SBA's rights or terms of Leverage security.
§ 108.1920NMVC Company's application for exemption from a regulation in this part 108.
§ 108.1930Effect of changes in this part 108 on transactions previously consummated.
§ 108.1940Procedures for designation of additional Low-Income Geographic Areas
§ 108.2000Operational Assistance Grants to NMVC Companies and SSBICs.
§ 108.2001When and how SSBICs may apply for Operational Assistance grants.
§ 108.2002Eligibility of SSBICs to apply for Operational Assistance grants.
§ 108.2003Grant issuance fee for SSBICs.
§ 108.2004Contents of application submitted by SSBICs.
§ 108.2005Contents of plan submitted by SSBICs.
§ 108.2006Evaluation and selection of SSBICs.
§ 108.2007Grant award to SSBICs.
§ 108.2010Restrictions on use of Operational Assistance grant funds.
§ 108.2020Amount of Operational Assistance grant.
§ 108.2030Matching requirements.
§ 108.2040Reporting and recordkeeping requirements.