80_FR_37004 80 FR 36881 - Small Business Investment Company (SBIC) Program: SBA Model Form of Agreement of Limited Partnership for an SBIC Issuing Debentures

80 FR 36881 - Small Business Investment Company (SBIC) Program: SBA Model Form of Agreement of Limited Partnership for an SBIC Issuing Debentures

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range36881-36882
FR Document2015-15685

The Small Business Administration (SBA) has updated the SBA Model Form of Agreement of Limited Partnership for an SBIC Issuing Debentures Only (the Model). This update reflects comments received from the public in response to SBA's notice published in the Federal Register on April 22, 2014. SBA is preparing to issue the updated Model for use by SBIC applicants, and welcomes final comments from the public on the updated Model.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36881-36882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15685]


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SMALL BUSINESS ADMINISTRATION

[Docket ID No: SBA-2015-0010]


Small Business Investment Company (SBIC) Program: SBA Model Form 
of Agreement of Limited Partnership for an SBIC Issuing Debentures

AGENCY: Small Business Administration.

ACTION: Notice; request for comments on Revised SBA Model Form of 
Agreement of Limited Partnership for an SBIC Issuing Debentures Only.

-----------------------------------------------------------------------

SUMMARY: The Small Business Administration (SBA) has updated the SBA 
Model Form of Agreement of Limited Partnership for an SBIC Issuing 
Debentures Only (the Model). This update reflects comments received 
from the public in response to SBA's notice published in the Federal 
Register on April 22, 2014. SBA is preparing to issue the updated Model 
for use by SBIC applicants, and welcomes final comments from the public 
on the updated Model.

DATES: Comments on the Model must be received on or before August 10, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. SBA-2015-
0010, at www.regulations.gov. Comments may only be submitted at this 
Web address; follow the instructions on the Web site for submitting 
comments. All comments received will be included in the public docket 
without change and will be available online at www.regulations.gov. All 
submissions, including attachments and other supporting materials, will 
become part of the public record and subject to public disclosure. 
Sensitive information and information that you consider to be 
Confidential Business Information or otherwise protected should not be 
included. Submissions will not be edited to remove any identifying or 
contact information.

FOR FURTHER INFORMATION CONTACT: Michael Schrader, Office of General 
Counsel, 409 Third Street SW., Washington, DC 20416; (202) 205-7115.

SUPPLEMENTARY INFORMATION: The SBIC Program was established under the 
Small Business Investment Act of 1958. SBICs are privately owned and 
managed investment funds, licensed and regulated by SBA, that use 
privately-raised capital plus funds borrowed with an SBA guarantee to 
make equity and debt investments in qualifying small businesses. The 
SBIC license application (SBA Form 2183) requires an applicant to 
submit, among other things, its organizational documents. The majority 
of applicants to the SBIC program are formed as limited partnerships, 
and these applicants must submit their limited partnership agreement as 
part of their application. The original version of the Model was 
developed in 2000 to assist applicants in producing a limited 
partnership agreement suitable for an SBIC and to facilitate this 
process by including provisions required by the regulations governing 
the SBIC Program (13 CFR part 107) and other SBA policy requirements 
designed to minimize the risk of loss to SBA in providing financial 
assistance to SBICs. The Model was updated in 2004, with additional 
limited updates since that time. The Model is available at https://www.sba.gov/content/model-partnership-agreement-0.
    Since the last comprehensive update to the Model, changes have 
occurred both in the structure and operation of limited partnerships 
and in the venture capital industry. As part of its process of updating 
the Model, SBA published a notice in the Federal Register soliciting 
comments and recommendations from the public on April 22, 2014, 79 FR 
22568. Those comments were posted and are available at Docket ID No: 
SBA-2014-0004, at www.regulations.gov. SBA carefully considered the 
comments received and incorporated those that the Agency believed were 
appropriate into the Model. The updated form of the Model is available 
at Docket ID No. SBA-2015-

[[Page 36882]]

0010, at www.regulations.gov. SBA is soliciting final comments and 
recommendations from the public on the updated form of the Model. SBA 
will not issue another notice seeking comments to the Model in the 
Federal Register, and will post the final revised version of the Model 
on the SBIC Web site at https://www.sba.gov/inv.

    Authority:  15 U.S.C. 681.

Javier Saade,
Associate Administrator for Investment and Innovation.
[FR Doc. 2015-15685 Filed 6-25-15; 8:45 am]
 BILLING CODE 8025-01-P



                                                                              Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices                                          36881

                                              The Commission believes that extending                  Disbursement Center, 14925 Kingsport                   docket without change and will be
                                              the 2014 Pilot Program will ensure that                 Road, Fort Worth, TX 76155.                            available online at www.regulations.gov.
                                              these risks remain subject to more                      FOR FURTHER INFORMATION CONTACT: A.                    All submissions, including attachments
                                              stringent controls and that this, in turn,              Escobar, Office of Disaster Assistance,                and other supporting materials, will
                                              will help promote the prompt and                        U.S. Small Business Administration,                    become part of the public record and
                                              accurate clearance and settlement of                    409 3rd Street SW., Suite 6050,                        subject to public disclosure. Sensitive
                                              securities transactions. The Commission                 Washington, DC 20416.                                  information and information that you
                                              further believes that, by requiring tri-                SUPPLEMENTARY INFORMATION: The notice                  consider to be Confidential Business
                                              party repos to remain collateralized for                of the President’s major disaster                      Information or otherwise protected
                                              a longer period each day, the 2014 Pilot                declaration for Private Non-Profit                     should not be included. Submissions
                                              Program helps to assure the safety of the               organizations in the State of                          will not be edited to remove any
                                              securities and funds within FICC’s                      OKLAHOMA, dated 06/04/2015, is                         identifying or contact information.
                                              control, or for which it is responsible.20              hereby amended to include the                          FOR FURTHER INFORMATION CONTACT:
                                              III. Conclusion                                         following areas as adversely affected by               Michael Schrader, Office of General
                                                                                                      the disaster.                                          Counsel, 409 Third Street SW.,
                                                On the basis of the foregoing, the                    Primary Counties: Craig, Custer, Dewey,                Washington, DC 20416; (202) 205–7115.
                                              Commission finds that the proposed                        Grant, Jefferson, Kay, Kingfisher,                   SUPPLEMENTARY INFORMATION: The SBIC
                                              rule change is consistent with the                        Kiowa, Major, Noble, Oklahoma,                       Program was established under the
                                              requirements of the Act, particularly                     Ottawa, Roger Mills, Wagoner.                        Small Business Investment Act of 1958.
                                              those set forth in section 17A,21 and the                                                                      SBICs are privately owned and managed
                                              rules and regulations thereunder.                         All other information in the original
                                                                                                      declaration remains unchanged.                         investment funds, licensed and
                                                It is therefore ordered, pursuant to                                                                         regulated by SBA, that use privately-
                                              section 19(b)(2) of the Act,22 that the                 (Catalog of Federal Domestic Assistance
                                                                                                      Numbers 59002 and 59008)                               raised capital plus funds borrowed with
                                              proposed rule change (SR–FICC–2015–                                                                            an SBA guarantee to make equity and
                                              002) be, and hereby is, approved.23                     James E. Rivera,                                       debt investments in qualifying small
                                                For the Commission, by the Division of                Associate Administrator for Disaster                   businesses. The SBIC license
                                              Trading and Markets, pursuant to delegated              Assistance.                                            application (SBA Form 2183) requires
                                              authority.24                                            [FR Doc. 2015–15684 Filed 6–25–15; 8:45 am]            an applicant to submit, among other
                                              Robert W. Errett,                                       BILLING CODE 8025–01–P                                 things, its organizational documents.
                                              Deputy Secretary.                                                                                              The majority of applicants to the SBIC
                                              [FR Doc. 2015–15691 Filed 6–25–15; 8:45 am]                                                                    program are formed as limited
                                              BILLING CODE 8011–01–P                                  SMALL BUSINESS ADMINISTRATION                          partnerships, and these applicants must
                                                                                                      [Docket ID No: SBA–2015–0010]                          submit their limited partnership
                                                                                                                                                             agreement as part of their application.
                                              SMALL BUSINESS ADMINISTRATION                           Small Business Investment Company                      The original version of the Model was
                                                                                                      (SBIC) Program: SBA Model Form of                      developed in 2000 to assist applicants
                                              [Disaster Declaration #14344 and #14345]                                                                       in producing a limited partnership
                                                                                                      Agreement of Limited Partnership for
                                              Oklahoma Disaster Number OK–00081                       an SBIC Issuing Debentures                             agreement suitable for an SBIC and to
                                                                                                                                                             facilitate this process by including
                                              AGENCY: U.S. Small Business                             AGENCY:  Small Business Administration.                provisions required by the regulations
                                              Administration.                                         ACTION: Notice; request for comments on                governing the SBIC Program (13 CFR
                                              ACTION: Amendment 4.                                    Revised SBA Model Form of Agreement                    part 107) and other SBA policy
                                                                                                      of Limited Partnership for an SBIC                     requirements designed to minimize the
                                              SUMMARY:   This is an amendment of the                  Issuing Debentures Only.                               risk of loss to SBA in providing
                                              Presidential declaration of a major                                                                            financial assistance to SBICs. The Model
                                              disaster for Public Assistance Only for                 SUMMARY:   The Small Business                          was updated in 2004, with additional
                                              the State of Oklahoma (FEMA–4222–                       Administration (SBA) has updated the                   limited updates since that time. The
                                              DR), dated 06/04/2015.                                  SBA Model Form of Agreement of                         Model is available at https://
                                                Incident: Severe Storms, Tornadoes,                   Limited Partnership for an SBIC Issuing                www.sba.gov/content/model-
                                              Straight Line Winds, and Flooding.                      Debentures Only (the Model). This                      partnership-agreement-0.
                                                Incident Period: 05/05/2015 through                   update reflects comments received from                    Since the last comprehensive update
                                              06/04/2015.                                             the public in response to SBA’s notice                 to the Model, changes have occurred
                                                Effective Date: 06/17/2015.                           published in the Federal Register on                   both in the structure and operation of
                                                Physical Loan Application Deadline                    April 22, 2014. SBA is preparing to                    limited partnerships and in the venture
                                              Date: 08/03/2015.                                       issue the updated Model for use by SBIC                capital industry. As part of its process
                                                Economic Injury (EIDL) Loan                           applicants, and welcomes final                         of updating the Model, SBA published
                                              Application Deadline Date: 03/04/2016.                  comments from the public on the                        a notice in the Federal Register
                                              ADDRESSES: Submit completed loan
                                                                                                      updated Model.                                         soliciting comments and
                                              applications to: U.S. Small Business                    DATES: Comments on the Model must be                   recommendations from the public on
                                              Administration, Processing and                          received on or before August 10, 2015.                 April 22, 2014, 79 FR 22568. Those
                                                                                                      ADDRESSES: Submit your comments,                       comments were posted and are available
tkelley on DSK3SPTVN1PROD with NOTICES




                                                20 See  15 U.S.C. 78q–1(b)(3)(F).                     identified by Docket ID No. SBA–2015–                  at Docket ID No: SBA–2014–0004, at
                                                21 15  U.S.C. 78q–1.                                  0010, at www.regulations.gov.                          www.regulations.gov. SBA carefully
                                                 22 15 U.S.C. 78s(b)(2).
                                                                                                      Comments may only be submitted at                      considered the comments received and
                                                 23 In approving the proposed rule change, the
                                                                                                      this Web address; follow the                           incorporated those that the Agency
                                              Commission considered the proposal’s impact on
                                              efficiency, competition, and capital formation. See     instructions on the Web site for                       believed were appropriate into the
                                              15 U.S.C. 78c(f).                                       submitting comments. All comments                      Model. The updated form of the Model
                                                 24 17 CFR 200.30–3(a)(12).                           received will be included in the public                is available at Docket ID No. SBA–2015-


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                                              36882                           Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices

                                              0010, at www.regulations.gov. SBA is                    (Catalog of Federal Domestic Assistance                SMALL BUSINESS ADMINISTRATION
                                              soliciting final comments and                           Numbers 59002 and 59008)
                                                                                                                                                             [Disaster Declaration #14334 and #14335]
                                              recommendations from the public on
                                                                                                      James E. Rivera,
                                              the updated form of the Model. SBA                                                                             Texas Disaster Number TX–00447
                                              will not issue another notice seeking                   Associate Administrator for Disaster
                                                                                                      Assistance.                                            AGENCY: U.S. Small Business
                                              comments to the Model in the Federal
                                              Register, and will post the final revised               [FR Doc. 2015–15675 Filed 6–25–15; 8:45 am]            Administration.
                                              version of the Model on the SBIC Web                    BILLING CODE 8025–01–P                                 ACTION: Amendment 2.
                                              site at https://www.sba.gov/inv.
                                                                                                                                                             SUMMARY:   This is an amendment of the
                                                 Authority: 15 U.S.C. 681.                                                                                   Presidential declaration of a major
                                                                                                      SMALL BUSINESS ADMINISTRATION
                                              Javier Saade,                                                                                                  disaster for the State of Texas (FEMA–
                                              Associate Administrator for Investment and              [License No. 05/05–0320]                               4223–DR), dated 05/29/2015.
                                              Innovation.                                                                                                      Incident: Severe Storms, Tornadoes,
                                              [FR Doc. 2015–15685 Filed 6–25–15; 8:45 am]             LFE Growth Fund III, LP; Notice                        Straight-Line Winds and Flooding.
                                                                                                      Seeking Exemption Under Section 312                      Incident Period: 05/04/2015 and
                                              BILLING CODE 8025–01–P
                                                                                                      of the Small Business Investment Act,                  continuing.
                                                                                                                                                               Effective Date: 06/16/2015.
                                                                                                      Conflicts of Interest                                    Physical Loan Application Deadline
                                              SMALL BUSINESS ADMINISTRATION
                                                                                                                                                             Date: 07/28/2015.
                                                                                                         Notice is hereby given that LFE                       EIDL Loan Application Deadline Date:
                                              [Disaster Declaration #14330 and #14331]                Growth Fund III, LP, 319 Barry Avenue                  02/29/2016.
                                                                                                      South, Suite 215, Wayzata, MN 55391,
                                                                                                                                                             ADDRESSES: Submit completed loan
                                              Oklahoma Disaster Number OK–00092                       a Federal Licensee under the Small                     applications to: U.S. Small Business
                                              AGENCY: U.S. Small Business                             Business Investment Act of 1958, as                    Administration, Processing and
                                              Administration.                                         amended (the ‘‘Act’’), in connection                   Disbursement Center, 14925 Kingsport
                                                                                                      with the financing of a small concern,                 Road, Fort Worth, TX 76155.
                                              ACTION: Amendment 5.
                                                                                                      has sought an exemption under section                  FOR FURTHER INFORMATION CONTACT: A.
                                              SUMMARY:   This is an amendment of the                  312 of the Act and section 107.730,                    Escobar, Office of Disaster Assistance,
                                              Presidential declaration of a major                     Financings which Constitute Conflicts                  U.S. Small Business Administration,
                                              disaster for the State of Oklahoma                      of Interest of the Small Business                      409 3rd Street SW., Suite 6050,
                                              (FEMA–4222–DR), dated 05/26/2015.                       Administration (‘‘SBA’’) Rules and                     Washington, DC 20416.
                                                Incident: Severe Storms, Tornadoes,                   Regulations (13 CFR 107.730). LFE                      SUPPLEMENTARY INFORMATION: The notice
                                              Straight Line Winds, and Flooding.                      Growth Fund III, LP proposes to provide                of the Presidential disaster declaration
                                                Incident Period: 05/05/2015 through                   debt financing to Fitness On Request,                  for the State of TEXAS, dated 05/29/
                                              06/04/2015.                                             Inc., d/b/a Wellbeats, 11600 96th Ave.                 2015 is hereby amended to include the
                                                Effective Date: 06/17/2015.                           North, Maple Grove, MN 55369. The                      following areas as adversely affected by
                                                Physical Loan Application Deadline                    proceeds will be used to fund growth of                the disaster:
                                              Date: 07/27/2015.                                       the company.                                           Primary Counties: (Physical Damage
                                                EIDL Loan Application Deadline Date:                     The financing is brought within the                   and Economic Injury Loans): Cooke;
                                              02/26/2016.                                             purview of § 107.730(a)(1) of the                        Dallas; Fannin; Grayson; Liberty;
                                              ADDRESSES: Submit completed loan                        Regulations because LFE Growth Fund                      Nueces; Walker.
                                              applications to: U.S. Small Business                    III, LP and LFE Growth Fund II, LP are                 Contiguous Counties: (Economic Injury
                                              Administration, Processing and                          Associates and because LFE Growth                           Loans Only):
                                              Disbursement Center, 14925 Kingsport                    Fund II, LP has a greater than ten                       Texas: Aransas; Delta; Grimes;
                                              Road, Fort Worth, TX 76155.                             percent interest in Wellbeats. Therefore                    Hardin; Houston; Jefferson; Jim
                                                                                                                                                                  Wells; Kleberg; Lamar; Madison;
                                              FOR FURTHER INFORMATION CONTACT: A.                     this transaction is considered financing
                                                                                                                                                                  Polk; Rockwall; San Jacinto; San
                                              Escobar, Office of Disaster Assistance,                 an Associate requiring SBA prior
                                                                                                                                                                  Patricio; Trinity.
                                              U.S. Small Business Administration,                     written exemption.                                       Oklahoma: Bryan; Marshall.
                                              409 3rd Street SW., Suite 6050,                            Notice is hereby given that any
                                              Washington, DC 20416.                                                                                            All other information in the original
                                                                                                      interested person may submit written                   declaration remains unchanged.
                                              SUPPLEMENTARY INFORMATION: The notice                   comments on the transaction, within
                                              of the Presidential disaster declaration                                                                       (Catalog of Federal Domestic Assistance
                                                                                                      fifteen days of the date of this                       Numbers 59002 and 59008)
                                              for the State of Oklahoma, dated 05/26/                 publication, to the Associate
                                              2015 is hereby amended to include the                   Administrator for Office of Investment                 James E. Rivera,
                                              following areas as adversely affected by                and Innovation, U.S. Small Business                    Associate Administrator for Disaster
                                              the disaster:                                           Administration, 409 Third Street SW.,                  Assistance.
                                              Primary Counties: (Physical Damage                      Washington, DC 20416.                                  [FR Doc. 2015–15678 Filed 6–25–15; 8:45 am]
                                                and Economic Injury Loans):                                                                                  BILLING CODE 8025–01–P
                                                                                                        Dated: June 15, 2015.
                                                Choctaw; Cotton; Rogers; Tillman.
                                              Contiguous Counties: (Economic Injury                   John R. Williams,
tkelley on DSK3SPTVN1PROD with NOTICES




                                                   Loans Only):                                       Acting Associate Administrator for Office of           SUSQUEHANNA RIVER BASIN
                                                Oklahoma: Craig; Jefferson; Nowata;                   Investment and Innovation.                             COMMISSION
                                                   Washington.                                        [FR Doc. 2015–15669 Filed 6–25–15; 8:45 am]
                                                Texas: Clay; Wichita; Wilbarger.                      BILLING CODE 8025–01–P                                 Actions Taken at June 4, 2015, Meeting
                                                All other information in the original                                                                        AGENCY:Susquehanna River Basin
                                              declaration remains unchanged.                                                                                 Commission.


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Document Created: 2015-12-15 14:14:40
Document Modified: 2015-12-15 14:14:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments on Revised SBA Model Form of Agreement of Limited Partnership for an SBIC Issuing Debentures Only.
DatesComments on the Model must be received on or before August 10, 2015.
ContactMichael Schrader, Office of General Counsel, 409 Third Street SW., Washington, DC 20416; (202) 205-7115.
FR Citation80 FR 36881 

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