Title 15Commerce and TradeRelease 119-73

§689d Debentures

Title 15 › Chapter CHAPTER 14B— - SMALL BUSINESS INVESTMENT PROGRAM › Subchapter SUBCHAPTER III— - INVESTMENT DIVISION PROGRAMS › Part Part B— - New Markets Venture Capital Program › § 689d

Last updated Apr 6, 2026|Official source

Summary

The Administrator can guarantee that a New Markets Venture Capital company will pay the scheduled principal and interest on its debentures. The Administrator can set the guarantee rules, but no guaranteed debenture can have a term longer than 15 years. The U.S. government promises to cover any payments required under these guarantees. A company can only have guaranteed debentures up to 150% of its private capital, as the Administrator decides. Private capital can include federal money if it comes from a non‑federal investor. A “covered” company (approved on or after March 1, 2002 and financed by the Administrator) may not buy or promise securities for one business that total more than 10% of its regulatory capital plus the leverage shown in its participation agreement, unless the Administrator allows it.

Full Legal Text

Title 15, §689d

Commerce and Trade — Source: USLM XML via OLRC

(a)The Administrator may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any New Markets Venture Capital company.
(b)The Administrator may make guarantees under this section on such terms and conditions as it deems appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years.
(c)The full faith and credit of the United States is pledged to pay all amounts that may be required to be paid under any guarantee under this part.
(d)(1)Under this section, the Administrator may guarantee the debentures issued by a New Markets Venture Capital company only to be 11 So in original. Probably should be “the”. extent that the total face amount of outstanding guaranteed debentures of such company does not exceed 150 percent of the private capital of the company, as determined by the Administrator.
(2)For the purposes of paragraph (1), private capital shall include capital that is considered to be Federal funds, if such capital is contributed by an investor other than an agency or department of the Federal Government.
(e)(1)In this subsection, the term “covered New Markets Venture Capital company” means a New Markets Venture Capital company—
(A)granted final approval by the Administrator under section 689c(e) of this title on or after March 1, 2002; and
(B)that has obtained a financing from the Administrator.
(2)Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this subchapter for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of—
(A)the regulatory capital of the covered New Markets Venture Capital company; and
(B)the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (e). Pub. L. 111–240 added subsec. (e).

Reference

Citations & Metadata

Citation

15 U.S.C. § 689d

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73