§ 40-9H-4 — Ssbci Loan Agreement; Growth Investments

(a) Within 30 days of certification of a growth fund, the department shall enter into the SSBCI loan agreement with the growth fund and segregate for draws by the growth fund in the SSBCI fund an amount of SSBCI funding equal to the SSBCI loan awarded to such growth fund.
(b) A growth fund, before making a growth investment, shall request from the department a written opinion as to whether the business in which it proposes to invest satisfies the definition of a growth business. The department, not later than 15 business days after the date of receipt of the request, shall notify the growth fund of its determination. If the department fails to notify the growth fund of its determination within 15 business days, the business in which the growth fund proposes to invest shall be considered a growth business. Each request for a written opinion shall be accompanied by a five hundred dollar ($500) opinion fee payable to the department.
(c) At least five business days prior to a growth investment, a growth fund shall make a draw request on the SSBCI loan to the department. The draw on the SSBCI loan shall not exceed 50 percent of the proposed growth investment. At least two business days prior to a growth investment, a growth fund shall notify the department of the date of the closing of the growth investment and the department shall transfer the amount of draw requested from the SSBCI fund to an account designated by the growth fund on the following day. The growth fund shall return the proceeds of the draw if the growth investment is not made within the three business days of receipt of the draw unless the return is waived by the department.

Legislative History

(Act 2021-492, §4; Act 2024-403, §1.)