Title 15, Commerce and TradeRelease 119-110

§689d Debentures

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

Last updated Sep 23, 2026|Official source

Summary

The Administrator can guarantee that a New Markets Venture Capital company will pay the principal and interest on its debentures on time. The Administrator sets the rules for those guarantees, but no guaranteed debenture can run for more than 15 years. The United States government promises to pay any amounts needed under these guarantees. A company’s total amount of guaranteed debentures cannot be more than 150 percent of its private capital, as the Administrator decides. Private capital can include federal money if it was put in by someone who is not a federal agency. Covered New Markets Venture Capital company — one that got final approval from the Administrator on or after March 1, 2002 and that received financing from the Administrator. Unless the Administrator allows it, a covered company may not commit more than 10 percent of the sum of its regulatory capital and the total leverage shown in its participation agreement to any single enterprise.

Full Legal Text

Title 15, §689d

Commerce and Trade, Source: USLM XML via OLRC

(a)In general
The Administrator may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any New Markets Venture Capital company.
(b)Terms and conditions
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)Full faith and credit of the United States
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)Maximum guarantee
(1)In general
Under this section, the Administrator may guarantee the debentures issued by a New Markets Venture Capital company only to be 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)Treatment of certain Federal funds
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)Investment limitations
(1)Definition
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)Limitation
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)
(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 15, Commerce and Trade

Last Updated

Sep 23, 2026

Release point: 119-110