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15 U.S.C. § 688 — Repealed. Pub. L. 87–341, § 11(e), Oct. 3,

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 688 — Repealed. Pub. L. 87–341, § 11(e), Oct. 3,

Page 1114 TITLE 15—COMMERCE AND TRADE § 687m 1 So in original. Probably should be ‘‘it’’. 1 So in original. Probably should be capitalized. substituting provisions relating to small business in- vestment company for provisions relating to develop- ment company and requiring prioritized payment rate to be included in central registration requirements, and in par. (2) inserting provisions relating to participating securities, contracts to carry out pooling, and mainte- nance of commercial bank accounts. 1989—Subsec. (a). Pub. L. 101–162 inserted ‘‘, including companies operating under the authority of section 681(d) of this title,’’ after ‘‘investment companies’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 205 of Pub. L. 104–208 effective Oct. 1, 1996, see section 3 of Pub. L. 104–208, set out as a note under section 633 of this title. Amendment by section 208 of Pub. L. 104–208 effective Sept. 30, 1996, see section 208(j) of Pub. L. 104–208, set out as a note under section 634 of this title. REGULATIONS Pub. L. 99–272, title XVIII, § 18005(b), Apr. 7, 1986, 100 Stat. 365, provided that: ‘‘(1) Notwithstanding any law, rule, or regulation, within 60 days after the date of the enactment of this Act [Apr. 7, 1986], the Small Business Administration shall develop and promulgate final rules and regula- tions to implement the central registration provisions provided for in section 321(f)(1) of the Small Business Investment Act [15 U.S.C. 687l(f)(1)], and shall contract with an agent for an initial period of not to exceed two years to carry out the functions provided for in sec- tions 321(f)(2) and 321(f)(3) of such Act. ‘‘(2) Notwithstanding any law, rule, or regulation, within 60 days after the da

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Page 1114 TITLE 15—COMMERCE AND TRADE § 687m 1 So in original. Probably should be ‘‘it’’. 1 So in original. Probably should be capitalized. substituting provisions relating to small business in- vestment company for provisions relating to develop- ment company and requiring prioritized payment rate to be included in central registration requirements, and in par. (2) inserting provisions relating to participating securities, contracts to carry out pooling, and mainte- nance of commercial bank accounts. 1989—Subsec. (a). Pub. L. 101–162 inserted ‘‘, including companies operating under the authority of section 681(d) of this title,’’ after ‘‘investment companies’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 205 of Pub. L. 104–208 effective Oct. 1, 1996, see section 3 of Pub. L. 104–208, set out as a note under section 633 of this title. Amendment by section 208 of Pub. L. 104–208 effective Sept. 30, 1996, see section 208(j) of Pub. L. 104–208, set out as a note under section 634 of this title. REGULATIONS Pub. L. 99–272, title XVIII, § 18005(b), Apr. 7, 1986, 100 Stat. 365, provided that: ‘‘(1) Notwithstanding any law, rule, or regulation, within 60 days after the date of the enactment of this Act [Apr. 7, 1986], the Small Business Administration shall develop and promulgate final rules and regula- tions to implement the central registration provisions provided for in section 321(f)(1) of the Small Business Investment Act [15 U.S.C. 687l(f)(1)], and shall contract with an agent for an initial period of not to exceed two years to carry out the functions provided for in sec- tions 321(f)(2) and 321(f)(3) of such Act. ‘‘(2) Notwithstanding any law, rule, or regulation, within 60 days after the date of the enactment of this Act [Apr. 7, 1986], the Small Business Administration also shall consult with representatives of appropriate Federal and State agencies and officials, the securities industry, financial institutions and lenders, and small business persons, and shall develop and promulgate final rules and regulations to implement sections 504 and 505 [section 321; 15 U.S.C. 687l] of the Small Busi- ness Investment Act.’’ EFFECT OF SMALL BUSINESS EQUITY ENHANCEMENT ACT OF 1992 ON SECURITIES LAWS Nothing in amendment by Pub. L. 102–366 to be con- strued to affect applicability of securities laws or to otherwise supersede or limit jurisdiction of Securities and Exchange Commission, see section 418 of Pub. L. 102–366, set out as a note under section 661 of this title. § 687m. Periodic issuance of guarantees and trust certificates The Administration shall issue guarantees under section 683 of this title and trust certifi- cates under section 687l of this title at periodic intervals of not less than every 12 months and shall do so at such shorter intervals as its 1 deems appropriate, taking into consideration the amount and number of such guarantees or trust certificates. (Pub. L. 85–699, title III, § 320, formerly § 322, as added Pub. L. 100–590, title I, § 106(a), Nov. 3, 1988, 102 Stat. 2993; renumbered § 320 and amend- ed Pub. L. 104–208, div. D, title II, § 208(h)(1)(E), (G), Sept. 30, 1996, 110 Stat. 3009–747; Pub. L. 105–135, title II, § 215(e), Dec. 2, 1997, 111 Stat. 2603; Pub. L. 106–9, § 2(d)(2), Apr. 5, 1999, 113 Stat. 18.) Editorial Notes PRIOR PROVISIONS A prior section 320 of Pub. L. 85–699 was renumbered section 318 and is classified to section 687k of this title. AMENDMENTS 1999—Pub. L. 106–9 substituted ‘‘12 months’’ for ‘‘6 months’’. 1997—Pub. L. 105–135 substituted ‘‘6 months’’ for ‘‘three months’’. 1996—Pub. L. 104–208 made technical amendment to reference in original act which appears in text as ref- erence to section 687l of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title. § 688. Repealed. Pub. L. 87–341, § 11(e), Oct. 3, 1961, 75 Stat. 756 Section, Pub. L. 85–699, title III, § 309, Aug. 21, 1958, 72 Stat. 696, related to approval of State chartered invest- ment companies. See subsec. (a) of section 681 of this title. PART B—NEW MARKETS VENTURE CAPITAL PROGRAM § 689. Definitions In this part, the following definitions apply: (1) Developmental venture capital The term ‘‘developmental venture capital’’ means capital in the form of equity capital in- vestments in businesses made with a primary objective of fostering economic development in low-income geographic areas. For the pur- poses of this paragraph, the term ‘‘equity cap- ital’’ has the same meaning given such term in section 683(g)(4) of this title. (2) Low-income individual The term ‘‘low-income individual’’ means an individual whose income (adjusted for family size) does not exceed— (A) for metropolitan areas, 80 percent of the area median income; and (B) for nonmetropolitan areas, the greater of— (i) 80 percent of the area median income; or (ii) 80 percent of the statewide non- metropolitan area median income. (3) Low-income geographic area the 1 term ‘‘low-income geographic area’’ means— (A) any population census tract (or in the case of an area that is not tracted for popu- lation census tracts, the equivalent county division, as defined by the Bureau of the Census of the Department of Commerce for purposes of defining poverty areas), if— (i) the poverty rate for that census tract is not less than 20 percent; (ii) in the case of a tract— (I) that is located within a metropoli- tan area, 50 percent or more of the

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 687l — Issuance and guarantee of trust certificates

**(a) Issuance; debentures or participating securities composing trust or pool** The Administration is authorized to issue trust certificates representing ownership of all or a fractional part of debentures issued by small business investment companies and guaranteed by the Administration under this chapter, or participating securities which are issued by such companies and purchased and guaranteed pursuant to [section 683(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section683/g&num=0&edition=prelim): Provided, That such trust certificates shall be based on and backed by a trust or pool approved by the Administration and composed solely of guaranteed debentures or guaranteed participating securities. **(b) Terms and conditions of guarantee; payment of principal and interest** The Administration is authorized, upon such terms and conditions as are deemed appropriate, to guarantee the timely payment of the principal of and interest on trust certificates issued by the Administration or its agent for purposes of this section. Such guarantee shall be limited to the extent of principal and interest on the guaranteed debentures or the redemption price of and priority payments on the participating securities, which compose the trust or pool. In the event that a debenture in such trust or pool is prepaid, or participating securities are redeemed, either voluntarily or involuntarily, or in the event of default of a debenture or voluntary or involuntary redemption of a participating security, the guarantee of timely payment of principal and interest on the trust certificates shall be reduced in proportion to the amount of principal and interest such prepaid debenture or redeemed participating security and priority payments represent in t

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 687l — Issuance and guarantee of trust certifi-

Page 1112 TITLE 15—COMMERCE AND TRADE § 687g (Pub. L. 85–699, title III, § 314, as added Pub. L. 89–779, § 7, Nov. 6, 1966, 80 Stat. 1363.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- sec. (a), see References in Text note set out under sec- tion 661 of this title. § 687g. Penalties and forfeitures (a) Report violations Except as provided in subsection (b) of this section, a licensee which violates any regulation or written directive issued by the Adminis- trator, requiring the filing of any regular or spe- cial report pursuant to section 687b(b) of this title, shall forfeit and pay to the United States a civil penalty of not more than $100 for each and every day of the continuance of the licens- ee’s failure to file such report, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The civil penalties provided for in this section shall accrue to the United States and may be recovered in a civil action brought by the Administration. (b) Exemption from reporting requirements The Administration may by rules and regula- tions, or upon application of an interested party, at any time previous to such failure, by order, after notice and opportunity for hearing, exempt in whole or in part, any small business invest- ment company from the provisions of subsection (a) of this section, upon such terms and condi- tions and for such period of time as it deems necessary and appropriate, if the Administra- tion finds that such action is not inconsistent with the public interest or the protection of the Administration. The Administration may for the purposes of this section make any alter- native requirements appropriate to the situa- tion. (Pub. L. 85–699, title III, §

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 687l

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 688 — Repealed. Pub. L. 87–341, § 11(e), Oct. 3, 1961, 75 Stat. 756

### Statutory Notes Section, Pub. L. 85–699, title III, § 309, Aug. 21, 1958, 72 Stat. 696, related to approval of State chartered investment companies. See subsec. (a) of [section 681 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section681&num=0&edition=prelim).

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