The United States Small Business Administration (SBA) released its annual recertification notice on June 4, 2015. Small Business Investment Company (SBIC) Funds with unfunded commitments from Institutional Investors must complete the annual recertification if the SBIC Fund has outstanding SBA leverage, an SBA leverage commitment, or both. This requirement is part of the SBA’s continuing efforts to ensure that Institutional Investors remain qualified investors and that Regulatory Capital is accurately reported.
SBIC Funds who must recertify should submit either:
- a new Capital Certificate that has been updated for all revisions in the SBIC Fund’s Institutional Investors and/or Regulatory Capital, or
- a letter certifying that a review of the SBIC Fund’s unfunded commitments from Institutional Investors revealed that no revisions were required in the most recently filed Capital Certificate.
SBIC Funds must submit the appropriate Capital Certificate or letter to their SBA operations analyst by the filing deadline. SBIC Funds licensed between October 1, 2014, and September 30, 2015, are not required to complete the recertification process.
Filing Deadlines
| Filing Deadline | Unfunded Commitment Range | |
| From | To | |
| June 30, 2015 | $20,000,000 | >$20,000,000 |
| July 31, 2015 | $12,500,000 | $19,999,999 |
| Aug. 31, 2015 | $7,500,000 | $12,499,999 |
| Sept. 30, 2015 | $5,000,000 | $7,499,999 |
| Oct. 31, 2015 | $2,500,000 | $4,999,999 |
| Nov. 30, 2015 | $1 | $2,499,999 |
The private equity practice group at McGuireWoods is dedicated to keeping clients advised of new legislative and business developments as they occur. If you have any questions regarding these issues, or would like assistance during the recertification process, please feel free to contact any of the authors or your primary attorney at McGuireWoods.