National bank and Federal savings association investments in small business investment companies.

§ 7.1015 National bank and Federal savings association investments in small business investment companies. (a) National banks. A national bank may invest in a small business investment company (SBIC) or in any entity established solely to invest in SBICs, including purchasing the stock of a SBIC, subject to appropriate capital limitations ( see e.g., 15 U.S.C. 682(b)), and may receive the benefits of such stock ownership ( e.g., stock dividends). The receipt and retention of a dividend by a national bank from a SBIC in the form of stock of a corporate borrower of the SBIC is not a purchase of stock within the meaning of 12 U.S.C. 24(Seventh). (b) Federal savings associations. Federal savings associations may invest in a SBIC or in any entity established solely to invest in SBICs as provided in 12 CFR 160.30. (c) Qualifying SBIC. A national bank or Federal savings association may invest in a SBIC that is either: (1) Already organized and has obtained a license from the Small Business Administration; or (2) In the process of being organized. (d) SBIC wind-down. A national bank or Federal savings association may retain an interest in a SBIC that has voluntarily surrendered its license to operate as a SBIC in accordance with 13 CFR 107.1900 and does not make any new investments (other than investments in cash equivalents, which, for the purposes of this paragraph (d), means high quality, highly liquid investments whose maturity corresponds to the issuer's expected or potential need for funds and whose currency corresponds to the issuer's assets) after such voluntary surrender. [85 FR 83728, Dec. 22, 2020]