N.Y. Comp. Codes R. & Regs. tit. 11 § 400.3
Current through Register Vol. 46, No. 50, December 11, 2024
Section 400.3 - Procedures for making an application for a certified capital company(a) A partnership, corporation, trust or limited liability company organized on a for-profit basis that is located, headquartered and licensed or registered to conduct business in New York and has as its primary business activity the investment of cash in qualified businesses may make application to the Superintendent of Insurance to be designated as a certified capital company. The application form, including filing instructions, may be obtained upon request by contacting: New York State Insurance Department
Taxes and Accounts Bureau
One Commerce Plaza
Albany, NY 12257
(b) The applicant shall certify in the application form that it has contacted the Department of Economic Development for information identifying businesses in New York that are or may be eligible for qualified investments based upon the likelihood that such business or industry will qualify as a qualified business and for which the State of New York may have significant location or structural advantages.(c) The applicant shall include a non-refundable fee of $500 at the time of filing the application with the superintendent. Each application shall be stamped as to date of receipt.(d) Applications to become a certified capital company which are received by the department on or before March 2, 1998 shall be treated as having been received by the department on March 2, 1998 and, if satisfactory, shall be treated as approved simultaneously. After March 2, 1998, in the event more than one application is received by the department on any one date, all such applications shall be reviewed and, if satisfactory, shall be treated as approved simultaneously. In the case of incomplete applications, such applications shall be treated as received on the date of the department's receipt of the complete application. Nothing herein shall be deemed to preclude the department from requesting additional information, and if such information requested is of a non-substantive nature, from treating the application as having been filed on the date it was originally received.(e) Evidence that the $500,000 initial capitalization required by section 11(b)(3) of the Tax Law is available must be submitted at the time of application, or the application shall be deemed not to have been filed. Any application that is deemed not filed by operation of this subdivision must be resubmitted in its entirety, together with the filing fee of $500, and the time for review and approval for certification shall not begin until such resubmission is made with appropriate evidence that the $500,000 initial capitalization is available.N.Y. Comp. Codes R. & Regs. Tit. 11 § 400.3