Louisiana Administrative Code

Abandoned―a housing unit which has been certified by the developer/owner and the local jurisdiction within which the housing unit is located that the unit has been vacant for at least 18 months. Accessible―a site, building, facility, or portion thereof that complies with the Unif…

A. Applicants wishing to receive a commitment of 1998 HOME funds must submit one original HOME project summary-CHDO Homeownership Housing Program application plus two copies, along with a nonrefundable application fee computed in accordance with the fee schedule below. 1. Applica…

A. Applications will be reviewed by agency staff only upon submission of the application (including all appendices), appropriate application fee, and accompanying submissions. B. Applications will generally be evaluated to ensure that the application package is complete. C. Incom…

A. No project will be allocated home funds under the CHDO Homeownership Program in excess of $200,000. B. No related persons, entities, principals thereof or agents thereof having an identity of interest shall be allocated HOME funds under the CHDO Homeownership Housing Program i…

A. Implementation Guidelines. All projects must be feasible and viable. The project must satisfy the following implementation guidelines. 1. HOME funds will be allocated only to fill the gap between other sources of funds available to the project and the required uses of funds in…

A. Applications must be accompanied by submissions listed below. 1. Affirmative Marketing Procedures. Applicants must indicate in Appendix XIII affirmative marketing requirements and procedures that will be adopted. Such procedures must be in accordance with HUD regulations. 2. O…

Points A. Ratio of Project's Intermediary Cost to Development Costs (See Subsection K for formula to calculate ratio) 1. Less than or equal to 10% 2. More than 10% but less than or equal to 15% 3. More than 15% but less than or equal to 20% 4. More than 20% 20 15 10 0 B. Project …

A. The CHDO Homeownership Housing Program Home Project Summary Application and the exhibits thereto (referred to in Chapter 3 of these rules) are available upon request through the Louisiana Housing Financing Agency.

A. These rules implement the Capital Companies (CAPCOs) Tax Credit Program pursuant to R.S. 51:1921 et seq. and R.S. 22:1068(E). This program was created by Act 642 of the 1983 Legislature, amended by Act 891 in 1984, Acts 695 and 915 in 1986, Act 496 in 1989, Acts 279 and 724 of…

A. The following terms shall have the meanings provided herein, unless the context clearly indicates otherwise. Affiliate and/or Affiliated Company― a. solely for purposes of the transfer or sale of income or premium tax credits pursuant to R.S. 51:1924(F), R.S. 22:1068(E)(4), an…

A. In order to be eligible for any income or premium tax credits, debentures, notes or any other quasi-equity/debt instruments shall have an original maturity date of not less than five years from the date of issuance. If an investment is in the form of stock, partnership interes…

A. An advance notification of intent to seek certification shall be filed by a company or entity, the applicant, prior to filing an application. An advance notification fee of $100 shall be submitted with the advance notification form. B. An application fee of $5,000 shall be sub…

A. A company organized and existing under the laws of Louisiana, created for the purpose of making qualified investments, as required in R.S. 51:1921 et seq., shall make written application for certification to the commissioner on application forms provided by the office. B. The …

A. All CAPCOs, through an act under private signature executed by the business, duly acknowledged pursuant to Louisiana law, shall certify and acknowledge all of the following conditions for certification as a certified Louisiana capital company and shall certify and acknowledge …

A. In calculating the percentage requirements for continued certification of an investment pool under Subsection A of R.S. 51:1926, decertification of an investment pool under R.S. 51:1927 and voluntary decertification of an investment pool under R.S. 51:1928. 1. The numerator fo…

A. Prior to making an investment in a business, a CAPCO shall obtain, from an authorized representative of the business, a signed affidavit, the original of which shall be maintained by the CAPCO in its files. The affidavit shall contain all of the following: 1. full and conclusi…

A. Reporting Requirements. Pursuant to R.S. 51:1926(F)(2), CAPCOs are required to submit to the commissioner reports of selected information for each qualified investment made in the previous calendar year. Senate Concurrent Resolution Number 40 of the 1996 Regular Session also r…

A. In the event of a change of control of a certified Louisiana capital company, at least 30 days prior to the effective date, the CAPCO shall provide written notification to the commissioner of the proposed transaction. Unless additional information is required, the commissioner…

A. Any certified Louisiana capital company that has capital certified pursuant to R.S. 51:1924 for the calendar years 1999 or 2000, and which qualifies for credits pursuant to R.S. 22:1068(E) shall invest an amount, as determined by the secretary, into the following investments: …

A. If any Section, term, or provision of any of the foregoing rules, LAC 10:XV.301-320, is for any reason declared or adjudged to be invalid, such invalidity shall not affect, impair, or invalidate any of the remaining rules, or any term or provision thereof.

A. Pursuant to the authority granted under R.S. 51:1929(5), the following fee and assessment structure is hereby established to cover necessary costs associated with the administration of the certified Louisiana Capital Companies Tax Credit Program, R.S. 51:1921 et seq. 1. Reques…

A. The provisions of R.S. 22:1068(E)(1)(b) will be satisfied with respect to a note receivable issued by a certified Louisiana capital company or its investment pool to an investing insurance company if: 1. the note receivable has a stated final maturity date of not less than fiv…

A. An applicant seeking this designation for an intended investment shall provide to the secretary the following information along with the request for this designation: 1. a description of the project; 2. a description of all sources and uses of financing for the project; 3. a d…

A. An applicant seeking designation as a qualified technology fund shall provide to the secretary the following information along with the request for this designation: 1. the charter documents for the entity that will constitute the qualified technology fund; 2. copies of any ma…

Buyer in the Ordinary Course of Business―a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations and is in the business of selling farm products. Central Registry―the master index maintained by the secretary of state reflec…

A. The central registry will be administered by the secretary of state and operated by the Uniform Commercial Code Division of the office. Any notices, petitions, documents, or other correspondence shall be addressed to the: Louisiana Secretary of State Uniform Commercial Code Di…

A. The EFS must: 1. be an original or reproduced copy thereof; and 2. contain: a. the name and address of the secured party; b. the name and address of each person subjecting the farm product to the security interest: i. in the case of a natural person, the surname (last name or …

A. The proper place to file in order to perfect a security interest in farm products is with the clerk of court of any parish (the “filing officer”). B. Security devices affecting farm products must be accompanied by a properly completed effective financing statement (EFS) or the…

A. Any statement of continuation, amendment, release, continuation, termination, or other similar statement pertaining to an effective financing statement shall identify the initial file number and shall be filed with the same filing officer with whom the effective financing stat…

A. Any person may register with the central registry to receive the master list or a portion thereof. Applications for registration shall consist of two types: 1. initial registrations: a. an initial registration application may be filed at any time of the year. Within five worki…

A. The secretary shall compile all information transmitted by the filing officers to the central registry into a master list. The master list or portions thereof will be distributed to each registrant based on the farm products and parishes for which the registrant has indicated …

A. Upon written request submitted to the filing officers, the filing officers shall furnish oral confirmation to any person of the existence of an EFS filed with a filing officer and transmitted to the central registry. The request shall contain: 1. the name, address, and telepho…

A. Encumbrance certificates may be requested from any filing officer. The request must be in writing. Each request shall be subject to the following provisions. 1. The request shall contain the name and address of the person making the request. 2. The request shall contain the co…

A. Louisiana shall be deemed to be a state that has established a central registry as to all farm products produced in Louisiana. Notwithstanding the foregoing, only those farm products which have been assigned a collateral product code and approved by the secretary as falling wi…

A. In accordance with R.S. 3:3657, the fees shall be assessed by the filing officers for filing, recording and canceling effective financing statements for Forms UCC-1F and UCC-3F. B. Registration (initial and renewal) for the master list of farm product encumbrances shall be ass…

A. The names and addresses of the 64 filing officers for the state of Louisiana can be obtained from the Department of State, Commercial Division, Office of Uniform Commercial Code/Central Registry at (225) 925-4701.

A. Eligibility. An applicant for certification must meet two sets of requirements: 1. an applicant must establish that it is a "service-connected veteran-owned small entrepreneurship" (SDVSE) or a "veteran-owned small entrepreneurship" (VSE), by providing appropriate documentatio…

A. A small entrepreneurship (SE) is a firm independently owned and operated; not dominant in its field of operations, which shall be determined by consideration of the business' number of employees, volume of business, financial resources, competitive status, and ownership or con…

A. It is the responsibility of any individual or business wishing to participate in the program to complete the appropriate written application and required certification process. Failure to provide complete, true, accurate or timely any requested additional supporting informatio…

A. It is the responsibility of any individual or business wishing to participate in the program to complete the appropriate written application and required certification process. Failure to provide complete, true, accurate or timely any requested additional supporting informatio…

A. The applicant must submit an application to the SE (HI) Certification Program office in the Department of Economic Development in Baton Rouge, containing a signed, dated, and notarized affidavit attesting to the correctness of the information provided in the application and to…

A. Applicants for certification must submit to the SE (VI) Certification Program office: 1. a written application; 2. supporting financial and other background information; 3. a statement certifying that the applicant meets the eligibility requirements or criteria as specified in…

A. The amount of time that a firm may be granted certification by the SE (VI) Certification Program is unlimited until the firm graduates by growing to exceed the eligibility requirements for certification or is terminated from the program by LED. B. Retention of the firm in the …

A. The amount of time that a firm may be granted certification by the SE (HI) Certification Program is unlimited until the firm graduates by growing to exceed the eligibility requirements for certification, or is terminated from the program by LED. B. Retention of the firm in the…

A. Verification of Eligibility. The SE (VI) Certification Program, or its designee or staff, may take any reasonable means at any time to confirm an applicant’s eligibility or a certified firm's continued eligibility, such as by investigation, letter, telephone, contact with othe…

A. Verification of Eligibility. The SE (HI) Certification Program, or its designee or staff, may take any reasonable means at any time to confirm an applicant's eligibility or a certified firm's continued eligibility, such as by investigation, letter, telephone, contact with othe…

A. Any individual or business found guilty of deception relating to certification of a Small Entrepreneurship (SE) will be denied its SE certification, or have its already approved certification revoked and shall be discharged from the program, and will not be eligible to reapply…

A. Any individual or business found guilty of deception relating to certification will be denied its certification, or have its already approved certification revoked and shall be discharged from the program, and will not be eligible to reapply under the business name involved in…

A. The department shall maintain a listing of all certified small entrepreneurships which shall be updated monthly. The listing shall be available on the Internet and shall also be available in written form upon written request.

A. The department shall maintain a listing of all certified "veteran-owned small entrepreneurships" or "service-connected disabled veteran-owned small entrepreneurships" which shall be updated monthly. The listing shall be available on the Internet and shall also be available in …