Tennessee § 4-28-110 - Report by TNInvestco — Annual, nonrefundable certification fee — Satisfaction of the requirements of § 4-28-106(a)(1) — Key persons.

§ 4-28-110. Report by TNInvestco — Annual, nonrefundable certification fee — Satisfaction of the requirements of § 4-28-106(a)(1) — Key persons.

Each qualified TNInvestco shall report the following to the department of economic and community development: As soon as practicable, but no later than thirty (30) days after the receipt of designated capital: The name of each participating investor from which the designated capital was received, including such participating investor's insurance tax identification number; The amount of each participating investor's investment of designated capital; and The date on which the designated capital was received; On an annual basis, on or before January 31 of each year: The amount of the qualified TNInvestco's remaining uninvested designated capital at the end of the immediately preceding taxable year; Whether or not the qualified TNInvestco has invested more than fifteen percent (15%) of its total designated capital in any one (1) business; All qualified investments that the qualified TNInvestco has made in the previous taxable year and the number of employees, including the number of minority and women employees, of each such qualified business at the time of such investment and as of December 31 of the preceding taxable year; and For any qualified business where the qualified TNInvestco no longer has an investment, the qualified TNInvestco must provide employment figures for that company as of the last day before the investment was terminated; Other information that the department may reasonably request that will help the department ascertain the impact of the TNInvestco program both directly and indirectly on the economy of this state; and Within one hundred twenty (120) days of the close of its fiscal year, annual audited financial statements of the qualified TNInvestco, which must include the opinion of an independent certified public accountant, and an examination review of follow-on capital, jobs data and pacing requirement compliance also performed by the independent certified public accountant, prepared in accordance with audit and attestation standards established by the American Institute of Certified Public Accountants. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information. A qualified TNInvestco must pay to the department of economic and community development an annual, nonrefundable certification fee of five thousand dollars ($5,000) on or before April 1, or ten thousand dollars ($10,000) if later. No annual certification fee is required if the payment date for such fee is within six (6) months of the date a qualified TNInvestco is first certified by the department. Upon satisfying each of the requirements of § 4-28-106(a)(1), a qualified TNInvestco shall provide notice to the department of economic and community development and the department shall, within sixty (60) days of receipt of such notice, either confirm that the qualified TNInvestco has satisfied such requirement of § 4-28-106(a)(1) as of such date or provide notice of noncompliance and an explanation of any existing deficiencies. If the department does not provide such notification within sixty (60) days, the qualified TNInvestco shall be deemed to have met such requirement of § 4-28-106(a)(1). For the purposes of this subsection (d), “key person” means: The TNInvestco investment managers listed in part II, item 6, of such TNInvestco's application under § 4-28-105; or A list of investment managers as has been previously approved by the department of economic and community development under subdivision (d)(2) or otherwise. A TNInvestco's success shall be deemed to depend, in particular, on the TNInvestco's key person or persons. On or before July 1, 2010, each qualified TNInvestco shall provide to the department of economic and community development a description of the TNInvestco's procedure for choosing a successor should any key person die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days. In the event that a majority of key persons do die, become legally incapacitated, or cease to be involved in the management of the TNInvestco for more than ninety (90) consecutive days for any reason, the commissioner of economic and community development, in consultation with the commissioner of revenue, the Tennessee Technology Development Corporation, or any other appropriate professional advisors, shall determine whether a new individual or individuals will be able to assume the role of key person so that the TNInvestco's performance will remain unimpaired. If the commissioner of economic and community development determines, in the commissioner's sole discretion, that the key person cannot be adequately replaced and the TNInvestco's performance therefore will be impaired, then any funds not already invested by the TNInvestco shall be deposited into the general fund unless the department of finance and administration has certified, pursuant to § 4-28-109, that the total amount of payments deposited in the general fund under this chapter equals or exceeds the total amount of revenue forgone pursuant to the credits used as provided in § 4-28-103. If the department of finance and administration has made such a determination, then any funds not already invested by the TNInvestco shall be deposited into the Tennessee rural opportunity fund to further support the state's economic development efforts. To promote openness and transparency, a copy of each annual report received by the department of economic and community development pursuant to this section shall be posted on the Tennessee TNInvestco web site that is maintained by the department of economic and community development. Acts 2009, ch. 610, § 11; 2010, ch. 1142, §§ 13, 16, 30; 2014, ch. 611, §§ 3, 4. 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 .