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ARTICLE · 14 MAY 2010

SBIC Limited Partners' Recertification Notice

The United States Small Business Administration released its Notice of Annual Recertification on May 13, 2010

United StatesStrategy

The United States Small Business Administration released its Notice of Annual Recertification on May 13, 2010. Annual recertification is required for all Small Business Investment Company Licensees (Licensees) who have unfunded commitments from Institutional Investors and outstanding SBA leverage, or a SBA leverage commitment, or both. This requirement is part of the SBA's ongoing efforts to ensure that Institutional Investors remain qualified investors and that Regulatory Capital is accurately reported.

Licensees who are required to be recertified should submit either:

Option 1: a new Capital Certificate that has been updated for all changes in the Licensee's Institutional Investors and/or Regulatory Capital; or
Option 2: a letter certifying that a review of the Licensee's unfunded commitments from Institutional Investors revealed that no changes were required in the most recently filed Capital Certificate.

Licensees must submit the appropriate Capital Certificate or Letter to their assigned SBA operations analyst by the filing deadline.

Filing Deadlines

Filing Deadline

Unfunded Commitments

More than

Less than

June 30, 2010

$20,000,000

$20,000,000+

July 31, 2010

$12,500,000

$19,999,999

Aug. 31, 2010

$7,500,000

$12,499,999

Sept. 30, 2010

$5,000,000

$7,499,999

Oct. 31, 2010

$2,500,000

$4,999,999

Nov. 30, 2010

$1

$2,499,999

Licensees licensed after October 1, 2009 are not required to complete the recertification process. The Private Equity industry team at McGuireWoods LLP is dedicated to keeping our clients advised of new legislative and business developments as they occur.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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