New Jersey § 34:1b-298

§ 34:1b-298.

a. (1) The authority is authorized to allocate money credited to the fund to one or

more qualified venture firms for qualified investments at the times, in the amounts,

and subject to the terms and conditions that the authority shall determine to be necessary

and appropriate to effectuate the purposes of sections 20 through 34 of P.L.2020, c. 156 ( C.34:1B-288 through C.34:1B-302 ); provided that no more than two qualified investments shall be made with each qualified

venture firm in a calendar year. (2) Each qualified investment shall not exceed $5,000,000 in initial investment, exclusive

of follow-on investments; provided, however, if a qualified investment is in a business:

(a) which utilizes intellectual property that is core to the its business model and

was developed at a New Jersey-based college or university; (b) is considered a university

spin-off business as determined by the authority; or (c) is certified by the State

as a “minority business” or a “women's business” pursuant to P.L.1986, c. 195 ( C.52:27H-21.17 et seq. ), then the qualified investment shall not exceed $6,250,000 in initial investment,

exclusive of follow-on investments. (3) The fund shall not invest in a qualified venture firm if the authority determines

that an undue financial advantage would inure to a purchaser if the investment occurs

or if the investment would be inconsistent with the investment policies and goals

of the State. (4) The authority shall have a goal for 25 percent of the fund money that is allocated

to qualified venture firms to be reserved for investment in businesses located in

opportunity zones. (5) Within one year of the effective date of P.L.2020, c. 156 ( C.34:1B-269 et al.) 1 , the authority shall undertake a disparity study of investment by venture firms in

women- and minority-owned business enterprises in this State. Based on the finding of the disparity study, the authority, following board approval,

may institute a set-aside plan to ensure that fund money allocated to qualified venture

firms is reserved for investment in women- and minority-owned business enterprises

in this State. b. The authority shall make and enter into an agreement with each qualified venture

firm to which the authority allocates money under the program. The agreement shall include provisions that require the qualified venture firm to: (1) make investments in qualified businesses that equal or exceed the amount of capital

received by the qualified venture firm from the fund under the program; (2) cause an audit of the qualified venture firm's books and accounts, which a certified

public accountant, who is licensed in accordance with the “Accountancy Act of 1997,” P.L.1997, c. 259 ( C.45:2B-42 et seq. ), or licensed in accordance with the laws of another state, shall conduct at least

once in each year in which the qualified venture firm is in receipt of fund money

or in which the qualified venture firm is responsible for the management of fund money

allocated to the qualified venture firm by the authority; (3) enter into an agreement with each qualified business that receives a qualified

investment, which agreement shall, at a minimum, require the qualified business to

use the qualified investment of capital to support its business operations in this

State and to provide the information required under section 31 of P.L.2020, c. 156 ( C.34:1B-299 ); (4) upon the identification of a qualified investment, create a special purpose vehicle

for the qualified investment of the fund; (5) upon the identification of a qualified investment, indicate the amount of follow-on

investment the authority should reserve, and periodically provide updates concerning

this amount; (6) agree that the qualified venture firm will publicize its participation in the

“New Jersey Innovation Evergreen Fund;” (7) consent to the authority publicly disclosing the qualified venture firm on the

list of qualified investment firms participating in the program; and (8) consent to the disclosure of tax expenditure information as described in paragraph

(8) of subsection b. of section 1 of P.L.2009, c. 189 ( C.52:27B-20a ). c. A qualified venture firm that has made and entered into an agreement with the authority

in accordance with subsection b. of this section is authorized to make qualified investments

of capital in one or more qualified businesses from fund money allocated to the qualified

venture firm by the authority at the times, in the amounts, and subject to the terms

and conditions that the qualified venture firm determines to be necessary and appropriate. The authority may limit the amount of allocated fund money that a qualified venture

firm invests in a qualified business based upon the size of investments the qualified

business has received, the source of the investments, and the industry in which the

qualified business is engaged. 1

L.2020, c. 156, eff. Jan. 7, 2021.