WEST VIRGINIA CODE
WVC 5 E- 1 - 10
§5E-1-10. Application requirements.
(a) Each company shall make application to the authority on
forms provided by the authority, which shall set forth:
(1) The capitalization level of capital company;
(2) The purpose of the company;
(3) The names of investors;
(4) A process for disclosing to investors the tax credit
available pursuant to this article. The disclosure shall clearly
set forth that no tax credit will be available until the
qualification of the company is granted by the authority and the
disclosure of immunity of the state for damages is provided to the
(5) The location of the escrow account, if applicable, which
has been established for investors for the period of time between
the investment and the qualification of the capital company by the
(6) If applicable, evidence that the company is licensed as a
small business investment company; and
(7) That the capital company will diligently seek to obtain
and thereafter diligently seek to invest leverage available to the
small business investment companies.
(b) An applicant submitting an application pursuant to this
section shall continually supplement the application if any
material fact contained in the application changes. The authority
shall determine if the change constitutes an amendment requiring the consent of the authority pursuant to subdivision (c) of this
(c) An applicant may not amend an application submitted
pursuant to this section without the written consent of the
authority for good cause shown.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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