Title 13 published on 2012-01-01
The following are only the Rules published in the Federal Register after the published date of Title 13.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
2012-04-27; vol. 77 # 82 - Friday, April 27, 2012 77 FR 25042 - Small Business Investment Companies—Early Stage SBICs
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SMALL BUSINESS ADMINISTRATION Final rule. This rule is effective April 27, 2012. 13 CFR Part 107 Summary In this final rule, the U.S. Small Business Administration (SBA) is defining a new sub-category of small business investment companies (SBICs) which will focus on making equity investments in early stage small businesses. By licensing and providing SBA leverage to these “Early Stage SBICs,” SBA seeks to expand entrepreneurs' access to capital and encourage innovation as part of President Obama's Start-Up America Initiative launched on January 31, 2011. This final rule also sets forth regulations applicable to Early Stage SBICs with respect to licensing, capital requirements, non-SBA borrowing, examination fees, leverage eligibility, distributions, and capital impairment. In addition, the final rule makes certain technical changes to the SBIC regulations.
2012-04-19; vol. 77 # 76 - Thursday, April 19, 2012 77 FR 23373 - Small Business Investment Companies—Energy Saving Qualified Investments
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SMALL BUSINESS ADMINISTRATION Final rule. This rule is effective April 19, 2012. 13 CFR Part 107 Summary In this rule, the U.S. Small Business Administration (SBA) sets forth defined terms for “Energy Saving Qualified Investment” and “Energy Saving Activities” for the Small Business Investment Company (SBIC) Program. These definitions are established to implement a provision of the Energy Independence and Security Act of 2007 (Energy Act), which allows an SBIC making an “energy saving qualified investment” to obtain SBA leverage by issuing a deferred interest “energy saving debenture”. This rule also implements a provision of the Energy Act that provides access to additional SBA leverage for SBICs that have made Energy Saving Qualified Investments in Smaller Enterprises. This final rule includes changes based on public comments received on the proposed rule published in the Federal Register on January 11, 2011. Generally, the changes allow a broader range of potential investments to qualify as Energy Saving Qualified Investments and reduce the need for SBICs to obtain pre-financing determinations of eligibility from SBA.
2012-04-04; vol. 77 # 65 - Wednesday, April 4, 2012 77 FR 20292 - Small Business Investment Companies—Conflicts of Interest and Investment of Idle Funds
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SMALL BUSINESS ADMINISTRATION Final rule. This rule is effective May 4, 2012. 13 CFR Part 107 Summary The U.S. Small Business Administration is revising a rule which prohibits a small business investment company (SBIC) from providing financing to an Associate, as defined in the rules, unless it first obtains a conflict of interest exemption from SBA. The revision eliminates the requirement for an exemption in the case of a follow-on investment in a small business concern by an SBIC and an Associate investment fund, where both parties invested previously on the same terms and conditions and where the follow-on investment would also be on the same terms and conditions as well as in the same proportions. In addition, this rule implements two provisions of the Small Business Investment Act of 1958, as amended. First, it brings the public notice requirement for conflict of interest transactions into conformity with statutory requirements. Second, it expands the types of investments an SBIC is permitted to make with its “idle funds” (cash that is not immediately needed for fund operations or investments in small business concerns). Finally, the rule makes two technical corrections: Removing an outdated cross-reference; and eliminating a section that exactly duplicates a provision found elsewhere in part 107.
