Section 10-3.5-107 - Requirements for continuance of certification - fees(1) To continue to be eligible for certification, a certified capital company shall make qualified investments according to the following schedule:(a) Within the period ending three years after an allocation date, a certified capital company shall have made qualified investments cumulatively equal to at least thirty percent of the certified capital allocated to its certified investors on such allocation date.(b) Within the period ending five years after an allocation date, a certified capital company shall have made qualified investments cumulatively equal to at least fifty percent of the certified capital allocated to its certified investors on such allocation date.(2) The aggregate cumulative amount of all qualified investments made by the certified capital company from an allocation date shall be considered in the calculation of the percentage requirements under this article. For purposes of satisfying the percentage requirements of subsection (1) of this section only, a certified capital company that has raised certified capital pursuant to an allocation under section 10-3.5-106(2)(a)(II) shall be deemed to have invested two dollars for every dollar actually invested in a qualified rural business or qualified business that has its principal business operations located in a distressed urban community from certified capital raised under such section. Any proceeds received from a qualified investment may be invested in another qualified investment and shall count toward any requirement in this article with respect to investments of certified capital.(3) Any business that is classified as a qualified business or qualified rural business at the time of the first investment in said business by a certified capital company shall remain classified as a qualified business or qualified rural business, as applicable, may receive continuing investments from any certified capital company or any of its affiliates, and such continuing investments shall be qualified investments even though such business may not meet the definition of a qualified business or qualified rural business, as applicable, at the time of such continuing investments; except that:(a) A business that is a qualified business or qualified rural business at the time of the first investment by a certified capital company in such business when such investment occurs on or after May 27, 2004, but that subsequently violates the requirements of section 10-3.5-103(11)(b)(I) or (11)(c) within the first six months after such qualified investment shall not be deemed to be a qualified business or qualified rural business, as applicable, for purposes of subsection (1) of this section and section 10-3.5-109(2)(a) only, and may not receive continuing investments from any certified capital company or any of its affiliates.(b) An investment in a business that relocates either its headquarters or its principal business operations outside of Colorado after six months but less than three years after the initial qualified investment shall:(I) Not be deemed to satisfy a requirement of section 10-3.5-109(2)(a) if such requirement has not already been complied with and if the relocation occurred during the certified capital company's investment in the business; and(II) Be deemed to continue to satisfy a requirement of section 10-3.5-109(2)(a) that has already been complied with and paragraphs (a) and (b) of subsection (1) of this section.(4) A certified capital company shall not:(a) Invest more than fifteen percent of its total certified capital in any one qualified business or qualified rural business; or(b) Own, through an initial qualified investment occurring on or after May 27, 2004, in aggregate total with a business that was organized by, is a franchisee of, or is an affiliate of, the certified capital company, more than forty-nine percent of any one qualified business or qualified rural business without the specific approval of the office; except that nothing in this paragraph (b) shall preclude a certified capital company from exercising any: (I) Right or remedy upon a default by the qualified business pursuant to an investment contract; or(II) Anti-dilution or preemptive rights it may have been granted in connection with an initial qualified investment that can be exercised upon an investment in the business by a party other than the certified capital company or an affiliate of the certified capital company.(5) At its option, a certified capital company, before making a proposed investment in a specific business, may request from the office a written opinion that the business in which it proposes to invest should be considered a qualified business or qualified rural business, as applicable. Upon receiving such a request, the office shall have ten working days to determine whether the business meets the definition of a qualified business or qualified rural business, as applicable, and notify the certified capital company of its determination with an explanation of the determination. If the office fails to notify the certified capital company with respect to the proposed investment within such ten-working-day period, the business in which the certified capital company proposes to invest shall be deemed to be a qualified business or qualified rural business, as applicable. If the office determines that the business in which the certified capital company proposes to invest before May 27, 2004, does not meet all of the criteria set forth in section 10-3.5-103(11)(a) or (15), as applicable, the office may nevertheless consider the business a qualified business or qualified rural business, as applicable, and approve the investment if the Colorado economic development commission determines that the proposed investment will further the economic development of the state.(6) All certified capital not currently invested in qualified investments by the certified capital company shall be invested in:(a) Cash that is deposited in a federally insured financial institution;(b) Certificates of deposit in a federally insured financial institution;(c) Investment securities that are obligations of the United States, its agencies, or instrumentalities or obligations that are guaranteed fully as to principal and interest by the United States;(d) Debt instruments rated at least "AA" or its equivalent by a nationally recognized credit rating organization, or issued by, or guaranteed with respect to payment by, an entity whose unsecured indebtedness is rated at least "AA" or its equivalent by a nationally recognized credit rating organization, and that is not subordinated to other unsecured indebtedness of the issuer or the guarantor, as the case may be;(e) Obligations of this state, any municipality in this state, or any political subdivision thereof;(f) Interests in money market funds, the portfolios of which are limited to cash and obligations described in this subsection (6); or(g) Any other investments approved in advance and in writing by the office.(7)(a) As soon as practicable after the receipt of certified capital, each certified capital company shall provide the office with a copy of all documents relating to each certified investor's investment of certified capital and shall report the following to the office: (I) The name of each certified investor from which the certified capital was received, including such certified investor's insurance premium tax identification number;(II) The amount of each certified investor's investment of certified capital and premium tax credits; and(III) The date on which the certified capital was received.(b) On or before January 31 of each year, each certified capital company shall report the following to the office:(I) The amount of the certified capital company's certified capital at the end of the immediately preceding year;(II) Whether or not the certified capital company has invested more than fifteen percent of its total certified capital in any one business;(III) All qualified investments that the certified capital company made during the previous calendar year; and(IV) The location and number of new jobs that have been created due to the certified capital company's qualified investments during the previous twelve months and since the certified capital company's initial qualified investment.(c) Annually, and within ninety days after the close of its fiscal year, each certified capital company shall provide to the office an audited financial statement that includes the opinion of an independent certified public accountant. The audit shall address the methods of operation and conduct of the business of the certified capital company to determine if the certified capital company is complying with this article and the rules set forth by the office and that the moneys received by the certified capital company have been invested as required within the time limits provided by subsection (1) of this section.(d) On or before January 31 of each year, each certified capital company shall pay to the office a nonrefundable certification fee of five thousand dollars; except that no such fee shall be required within six months of the initial allocation date of a certified capital company.(e) During each calendar year from 2003 to 2010, the office shall hold a meeting in each of five counties that have populations of no more than one hundred fifty thousand persons at which a representative from each certified capital company shall be present to review business plans from qualified businesses headquartered in those counties.L. 2001: Entire article added, p. 1533, § 1, effective June 9. L. 2004: (2) amended, p. 28, § 6, effective March 4; (2) amended, p. 48, § 6, effective March 4; (3), (4), and (5) amended and (7)(b)(IV) added, pp. 1245, 1247, §§ 3, 4, effective May 27. For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 11, Session Laws of Colorado 2004. For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 12, Session Laws of Colorado 2004.