13 CFR 107.1570 - Distributions by Licensee - optional Distribution to private investors and SBA.
If you have outstanding Participating Securities or Earmarked Assets, you may make two types of optional Distributions under this § 107.1570: quarterly Distributions determined the same way as the required annual Distributions in § 107.1560, and Distributions allocated between SBA and your private investors in proportion to the capital contributions of each. You must notify SBA of any planned distribution under this section 10 business days before the distribution date, unless SBA permits otherwise.
(a)Quarterly Distributions subject to conditions in § 107.1560.
(4) The total amount of such Distributions may not exceed the result of the following computation:
(i) Your Retained Earnings Available for Distribution as of the end of your fiscal quarter; minus
(1)Conditions for making a Distribution. You may make a Distribution under this paragraph (b) only if:
(ii) You have distributed all Profit Participation computed under § 107.1530 which you are required to distribute under § 107.1560 or permitted to distribute under paragraph (a) of this section, as appropriate, and you have made all required Distributions under § 107.1560.
(iv) You do not have a condition of Capital Impairment.
(v) The Distribution does not reduce your Regulatory Capital (excluding commitments from Institutional Investors) below the minimum required under § 107.210, unless SBA approves the reduction as part of a plan of liquidation.
(2)SBA's share of Distribution.
(3)How SBA will apply Distributions. Any amounts you distribute to SBA, or its designated agent or Trustee, under this paragraph (b) will be applied as a repayment or redemption of Leverage in the order set forth in § 107.1560(g)(3) through (g)(5).
(4)Effect of Distributions on Retained Earnings Available for Distribution. Any amounts you distribute to non-SBA investors under this paragraph (b) must reduce your Retained Earnings Available for Distribution to zero before reducing your Private Capital.
(5)Permitted exception to § 107.585. You may make any Distribution permitted by this paragraph (b), even if the result is a reduction in your Regulatory Capital that would otherwise be prohibited under § 107.585.
Title 13 published on 2015-10-16
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR Part 107 after this date.
- 13 CFR 107.1575 — Distributions on Other Than Payment Dates.
- 13 CFR 107.740 — Portfolio Diversification (“overline” Limitation).
- 13 CFR 107.1560 — Distributions by Licensee - Required Distributions to Private Investors and SBA.
- 13 CFR 107.1570 — Distributions by Licensee - Optional Distribution to Private Investors and SBA.