Okla. Stat. tit. 68, § 68-3932
This is the official text of Okla. Stat. tit. 68, § 68-3932, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Application to certify capital investment as equity
Official statutory text
investment.
A. A rural fund that seeks to have an equity investment
certified as a capital investment eligible for credits authorized
under the provisions of this act shall apply to the Department. The
Department shall begin accepting applications within ninety (90)
days of the effective date of this act. The application shall
include:
1. The amount of capital investment requested;
2. A copy of the applicant's or an affiliate of the applicant's
licenses as a rural business investment company under 7 U.S.C.,
Section 2009cc or as a small business investment company under 15
U.S.C., Section 681, and a certificate executed by an executive
officer of the applicant attesting that such license remains in
effect and has not been revoked;
3. Evidence that, as of the date the application is submitted,
the applicant or affiliates of the applicant have invested at least
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1465
One Hundred Million Dollars ($100,000,000.00) in nonpublic companies
located in counties within the United States with a population of
less than seventy-five thousand (75,000) according to the 2010
Federal Decennial Census of the United States;
4. A business plan that includes a revenue-impact assessment
projecting state and local tax revenue to be generated by the
applicant's proposed qualified investments, prepared by a nationally
recognized, third-party, independent economic forecasting firm using
a dynamic economic forecasting model that analyzes the applicant's
business plan over the ten (10) years following the date the
application is submitted to the Department. Such plan shall include
an estimate of the number of jobs created and jobs retained in this
state as a result of the applicant's qualified investments; and
5. A nonrefundable application fee of Five Thousand Dollars
($5,000.00) payable to the Department.
B. Within thirty (30) days after the receipt of a completed
application, the Department shall grant or deny the application in
full or in part. The Department shall deny the application if:
1. The applicant does not satisfy all the criteria provided
under subsection A of this section;
2. The revenue-impact assessment submitted with the application
does not demonstrate that the applicant's business plan will result
in a positive fiscal impact on the state over a ten-year period that
exceeds the cumulative amount of tax credits that would be issued to
the applicant if the application was approved; or
3. The Department has already approved the maximum amount of
capital investment authority under Section 4 of this act.
C. If the Department denies any part of the application, it
shall inform the applicant of the grounds for such denial. If the
applicant provides any additional information required by the
Department or otherwise completes its application within fifteen
ation was approved; or
3. The Department has already approved the maximum amount of
capital investment authority under Section 4 of this act.
C. If the Department denies any part of the application, it
shall inform the applicant of the grounds for such denial. If the
applicant provides any additional information required by the
Department or otherwise completes its application within fifteen
(15) days of the notice of denial, the application shall be
considered complete as of the original date of submission. If the
applicant fails to provide the information or fails to complete its
application within the fifteen-day period, the application shall
remain denied and must be resubmitted with a new submission date and
a new application fee.
D. Upon approval of an application, the Department shall
certify the proposed equity investment as a capital investment
eligible for credits under this act, subject to limitations laid out
in Section 4 of this act. The Department shall provide written
notice of the certification to the applicant which shall include the
amount of the applicant's capital investment authority. The
Department shall certify capital investments in the order that the
application is received by the Department. Applications received on
the same day shall be deemed to have been received simultaneously.
For applications that are complete and received on the same day, the
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1466
Department shall certify applications in proportionate percentages
based upon the ratio of the amount of capital investment authority
requested in all applications.
A. A rural fund that seeks to have an equity investment
certified as a capital investment eligible for credits authorized
under the provisions of this act shall apply to the Department. The
Department shall begin accepting applications within ninety (90)
days of the effective date of this act. The application shall
include:
1. The amount of capital investment requested;
2. A copy of the applicant's or an affiliate of the applicant's
licenses as a rural business investment company under 7 U.S.C.,
Section 2009cc or as a small business investment company under 15
U.S.C., Section 681, and a certificate executed by an executive
officer of the applicant attesting that such license remains in
effect and has not been revoked;
3. Evidence that, as of the date the application is submitted,
the applicant or affiliates of the applicant have invested at least
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1465
One Hundred Million Dollars ($100,000,000.00) in nonpublic companies
located in counties within the United States with a population of
less than seventy-five thousand (75,000) according to the 2010
Federal Decennial Census of the United States;
4. A business plan that includes a revenue-impact assessment
projecting state and local tax revenue to be generated by the
applicant's proposed qualified investments, prepared by a nationally
recognized, third-party, independent economic forecasting firm using
a dynamic economic forecasting model that analyzes the applicant's
business plan over the ten (10) years following the date the
application is submitted to the Department. Such plan shall include
an estimate of the number of jobs created and jobs retained in this
state as a result of the applicant's qualified investments; and
5. A nonrefundable application fee of Five Thousand Dollars
($5,000.00) payable to the Department.
B. Within thirty (30) days after the receipt of a completed
application, the Department shall grant or deny the application in
full or in part. The Department shall deny the application if:
1. The applicant does not satisfy all the criteria provided
under subsection A of this section;
2. The revenue-impact assessment submitted with the application
does not demonstrate that the applicant's business plan will result
in a positive fiscal impact on the state over a ten-year period that
exceeds the cumulative amount of tax credits that would be issued to
the applicant if the application was approved; or
3. The Department has already approved the maximum amount of
capital investment authority under Section 4 of this act.
C. If the Department denies any part of the application, it
shall inform the applicant of the grounds for such denial. If the
applicant provides any additional information required by the
Department or otherwise completes its application within fifteen
ation was approved; or
3. The Department has already approved the maximum amount of
capital investment authority under Section 4 of this act.
C. If the Department denies any part of the application, it
shall inform the applicant of the grounds for such denial. If the
applicant provides any additional information required by the
Department or otherwise completes its application within fifteen
(15) days of the notice of denial, the application shall be
considered complete as of the original date of submission. If the
applicant fails to provide the information or fails to complete its
application within the fifteen-day period, the application shall
remain denied and must be resubmitted with a new submission date and
a new application fee.
D. Upon approval of an application, the Department shall
certify the proposed equity investment as a capital investment
eligible for credits under this act, subject to limitations laid out
in Section 4 of this act. The Department shall provide written
notice of the certification to the applicant which shall include the
amount of the applicant's capital investment authority. The
Department shall certify capital investments in the order that the
application is received by the Department. Applications received on
the same day shall be deemed to have been received simultaneously.
For applications that are complete and received on the same day, the
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1466
Department shall certify applications in proportionate percentages
based upon the ratio of the amount of capital investment authority
requested in all applications.
Status: in_force · Read it on the official government site
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