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15-5-1403. Definitions.

Arkansas Code — all titles (historical 2020) · legal_authorities

15-5-1403. Definitions.

15-5-1403. Definitions. As used in this subchapter: (1) “Accredited investor” means an accredited investor as defined in 17 C.F.R. § 230.215, as it existed on January 1, 2013; (2) “Authority” means the Arkansas Development Finance Authority; (3) “Bond guaranty” means a special obligation of the Bond Guaranty Reserve Account as defined in § 15-5-403; (4) “Capital guaranty” means the guaranty provided by the authority under § 15-5-1405; (5) “Certificate” means a document executed by the authority extending a capital guaranty to the designated investor group; (6) “Designated investor group” means the investor group selected by the authority under this subchapter; (7) “Equity capital” means capital invested in common stock or preferred stock, royalty rights, limited partnership interests, limited liability company interests, and any other equity, securities, or rights that evidence ownership or investment in private enterprises; (8) “Investor group” means any individual, corporation, partnership, limited liability company, or other lawfully organized entity; (9) “Near-equity capital” means capital invested in unsecured, undersecured, subordinated, or convertible loans or debt securities; (10) “Person” means any individual, corporation, partnership, or other lawfully organized entity; (11) “Review committee” means a committee composed of the President of the Arkansas Development Finance Authority, the Director of the Arkansas Economic Development Commission, and the members of the Board of Directors of the Arkansas Development Finance Authority; (12) “Revolving fund” means a bank account: (A) Created by the designated investor group in a financial institution located in this state; and (B) Used solely as provided in this subchapter; (13) “Tax c

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-5-1403

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:15-5-1403
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ac481e0986379b988cb64976e19020f09a2130a6e01d72ed114afc0e13bbe6b3

Source location: content.xml paragraph 9212

Stored source content

15-5-1403. Definitions. As used in this subchapter: (1) “Accredited investor” means an accredited investor as defined in 17 C.F.R. § 230.215, as it existed on January 1, 2013; (2) “Authority” means the Arkansas Development Finance Authority; (3) “Bond guaranty” means a special obligation of the Bond Guaranty Reserve Account as defined in § 15-5-403; (4) “Capital guaranty” means the guaranty provided by the authority under § 15-5-1405; (5) “Certificate” means a document executed by the authority extending a capital guaranty to the designated investor group; (6) “Designated investor group” means the investor group selected by the authority under this subchapter; (7) “Equity capital” means capital invested in common stock or preferred stock, royalty rights, limited partnership interests, limited liability company interests, and any other equity, securities, or rights that evidence ownership or investment in private enterprises; (8) “Investor group” means any individual, corporation, partnership, limited liability company, or other lawfully organized entity; (9) “Near-equity capital” means capital invested in unsecured, undersecured, subordinated, or convertible loans or debt securities; (10) “Person” means any individual, corporation, partnership, or other lawfully organized entity; (11) “Review committee” means a committee composed of the President of the Arkansas Development Finance Authority, the Director of the Arkansas Economic Development Commission, and the members of the Board of Directors of the Arkansas Development Finance Authority; (12) “Revolving fund” means a bank account: (A) Created by the designated investor group in a financial institution located in this state; and (B) Used solely as provided in this subchapter; (13) “Tax credit” means an income tax credit granted to the authority under this subchapter; (14) “Technology-based enterprises” means a group of growing businesses in one (1) or more of the following business sectors: (A) Advanced materials and manufacturing systems; (B) Agriculture, food, and environmental sciences; (C) Biotechnology, bioengineering, medical technology, and life sciences; (D) Information technology; (E) Transportation logistics; and (F) Biobased products; (15) “Venture capital funds” means private, for-profit investment funds that seek to invest in technology-based enterprises; and (16) “Venture Capital Investment Trust” means the public trust formed July 21, 2003, under § 28-72-201 et seq., the trustees of which are the President of the Arkansas Development Finance Authority, the Director of the Arkansas Economic Development Commission, and the Secretary of the Department of Finance and Administration, and that has as a principal purpose increasing the availability of equity capital and near-equity capital for emerging and expanding enterprises in the State of Arkansas.

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Arkansas Code — all titles (historical 2020) · legal_authorities

15-5-1405. Guaranty.

15-5-1405. Guaranty. (a) The Arkansas Development Finance Authority shall have the power to extend a capital guaranty of obligations issued by the designated investor group. (b) The capital guaranty shall be secured by: (1) The authority guaranty, subject to the limits establish by the authority; and (2) Tax credits. (c) The authority may charge a reasonable fee for costs and the fair compensation of risk associated with its guaranty.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-5-1405

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-5-1405. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

15-5-403. Definitions.

15-5-403. Definitions. As used in this subchapter: (1) “Act” means this subchapter; (2) “ADFA Act” means the Arkansas Development Finance Authority Act, §§ 15-5-101 — 15-5-106, 15-5-201 — 15-5-211, 15-5-213, and 15-5-301 — 15-5-316; (3) “Amortization payments” means the periodic, that is, monthly, semiannual, annual, etc., payments of interest, whether at a fixed or variable rate, or premium, if any, and installments of principal of qualified bonds as required by the trust indenture relating to the bonds; (4) “Authority” means the Arkansas Development Finance Authority; (5) “Board” means the Board of Directors of the Arkansas Development Finance Authority; (6) “Bond fund” means the Guaranty Bond Fund authorized in this subchapter from which bonds issued by the authority for the purpose of meeting the obligations of the Bond Guaranty Reserve Account are payable; (7) “Bond Guaranty Reserve Account” means the account created in this subchapter for the purpose of: (A) Meeting amortization payments of qualified bonds guaranteed by the authority; and (B) Enhancing and supporting the credit of those qualified bonds; (8) “Borrower” means the individual, entity, firm, or corporation, whether for profit or nonprofit, or city, county, other political subdivision, or state agency charged with developing the project under the terms of the trust indenture relating to qualified bonds; (9) “Project” means the project for which the proceeds of qualified bonds are utilized; (10) “Qualified bonds” means: (A) Revenue bonds validly issued by the authority in accordance with the provisions of the Arkansas Development Finance Authority Act, §§ 15-5-101 — 15-5-106, 15-5-201 — 15-5-211, 15-5-213, and 15-5-301 — 15-5-316; (B) An obligation issued by the designated in

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-5-403

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-5-403. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-72-201. Public trusts authorized.

28-72-201. Public trusts authorized. Express trusts may be created in real or personal property, or either or both, or any estate in either or both, with the state, or any governmental or municipal subdivision thereof, or any agency or department of either, or more than one (1) of any of the foregoing, as the beneficiary thereof, for the purpose of aiding or furthering or the providing of funds for the aiding or furthering of any one (1) or more proper functions of the beneficiary then authorized or which might lawfully be authorized. However, no funds of any beneficiary derived from other than trust sources shall be charged with or expended in the execution of the trust except by express lawful action of the beneficiary.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-72-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-72-201. This identifies an authority to review, not proof of applicability.