§ 108.230. Private Capital for NMVC Companies.
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/us/cfr/t13/s§ 108.230·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. Private Capital means the contributed capital of a NMVC Company, plus unfunded binding commitments by Institutional Investors (including commitments evidenced by a promissory note) to contribute capital to a NMVC Company.
(b)Contributed capital. For purposes of this section, contributed capital means the paid-in capital and paid-in surplus of a Corporate NMVC Company, the members' paid-in capital of a LLC NMVC Company, or the partners' paid-in capital of a Partnership NMVC Company, in each case subject to the limitations in paragraph
(c)of this section.
(c)Exclusions from Private Capital. Private Capital does not include:
(1)Funds borrowed by a NMVC Company from any source.
(2)Funds obtained through the issuance of Leverage.
(3)Funds obtained directly from any Federal agency or department.
(4)Any portion of a commitment from an Institutional Investor with a net worth of less than \$10 million that exceeds 10 percent of such Institutional Investor's net worth.
(5)A commitment from an investor if SBA determines that the collectability of the commitment is questionable.
(d)Limitations on including non-cash capital contributions in Private Capital. Private Capital does not include capital contributions in a form other than cash, except as provided in this paragraph (d). Subject to SBA's prior approval, Private Capital may include payments made on behalf of an Applicant or Conditionally Approved NMVC Company before the Applicant or Conditionally Approved NMVC Company becomes a NMVC Company for organizational expenses and Management Expenses incurred by the Applicant or the Conditionally Approved NMVC Company prior to its becoming a NMVC Company.
(e)Contributions with borrowed funds. You may not accept any capital contribution made with funds borrowed by a Person seeking to own an equity interest (whether direct or indirect, beneficial or of record) of at least 10 percent of your Private Capital. This exclusion does not apply if:
(1)Such Person's net worth is at least twice the amount borrowed; or
(2)SBA gives its prior written approval of the capital contribution. \[66 FR 28609, May 23, 2001, as amended at 67 FR 68502, Nov. 12, 2002\]