Tennessee § 4-28-108 - Distributions from qualified TNInvestco.

§ 4-28-108. Distributions from qualified TNInvestco.

Qualified distributions from a qualified TNInvestco may be made at any time. Distributions other than qualified distributions from a qualified TNInvestco may be paid out annually or upon designated liquidity events as established by the qualified TNInvestco. Any such distributions other than qualified distributions may not reduce the base investment amount during any calendar year. The profit share percentage shall be paid to the state in the same time and manner as all other distributions as provided in § 4-28-109. Any such payments shall be deposited into the general fund or the rural opportunity fund and the small and minority-owned business assistance program fund as provided in § 4-28-109. Investment capital liquidated during a liquidity event will be given a one-year redeployment period for purposes of calculating the investment thresholds in § 4-28-106. The department of economic and community development shall ensure, pursuant to the authority provided in this chapter, that a qualified TNInvestco provides adequate documentary support for all proceeds and distributions related to liquidity events and the department shall use best efforts to confirm that all information provided to the department by the TNInvestco is accurate so the department may ensure that all parties involved receive the proper designated share. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information. Acts 2009, ch. 610, § 9; 2010, ch. 1142, § 27; 2014, ch. 611, § 1. Compiler's Notes. Former chapter 28, §§ 4-28-101 — 4-28-127 (Acts 1977, ch. 303, §§ 1-16, 20-24, 27, 28; T.C.A., §§ 4-2801 — 4-2825; Acts 1979, ch. 327, § 1; 1981, ch. 142, §§ 1-6, 8-18; 1982, ch. 939, §§ 1, 2), concerning energy development, management and conservation, was repealed by Acts 1983, ch. 429, § 1. Section 4-28-107 had previously been repealed by Acts 1981, ch. 142, § 7. For provisions concerning the office of energy programs of the department of economic and community development, see §§ 4-3-510 — 4-3-515 and §§ 4-3-714 — 4-3-730 . For provisions concerning the office of energy management of the department of finance and administration, see title 4, chapter 3, part 10. Acts 2010, ch. 1142, § 33 provided that the act shall apply to any entity certified as a TNInvestco, and to tax credits awarded, on or after July 9, 2009. Cross-References. Confidentiality of public records, § 10-7-504 .