Pub. L. 102-366, tit. IV, sec. 406

SAFETY AND SOUNDNESS.

EnactedYear: 1992Length: 257 wordsOfficial source
SEC. 406. SAFETY AND SOUNDNESS. (a) Financial Viability Determined.— Section 302 of the Small Business Investment Act of 1958 (15 U.S.C. 682) is amended by adding the following at the end of subsection (a): “The Administration shall also determine the ability of the company, both prior to licensing and prior to approving any request for financing, to 106 STAT. 1016make periodic payments on any debt of the company which is interest bearing and shall take into consideration the income which the company anticipates on its contemplated investments, the experience of the company’s owners and managers, the history of the company as an entity, if any, and the company’s financial resources.”. (b) Valuation Guidelines and Responsibility.— Section 310 of the Small Business Investment Act of 1958 (15 U.S.C. 687b) is amended by adding at the end thereof the following new subsection: “(d) Each small business investment company shall adopt written guidelines for determination of the value of investments made by such company. The board of directors of corporations and the general partners of partnerships shall have the sole responsibility for making a good faith determination of the fair market value of the investments made by such company. Determinations shall be made and reported to the Administration not less than semiannually or at more frequent intervals as the Administration determines appropriate: Provided, That any company which does not have outstanding financial assistance under the provisions of this title shall be required to make such determinations and reports to the Administration annually, unless the Administration, in its discretion, determines otherwise.”.
Pub. L. 102-366, tit. IV, sec. 406: SAFETY AND SOUNDNESS. | Justis AI