Arkansas Code
Subchapter 36 - New Markets Jobs Act of 2013
§ 15-4-3609. Refundable performance fee

(a) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall pay a fee in the amount one-half of one percent (0.5%) of the amount of the equity investment or long-term debt security requested to be designated as a qualified equity investment to the Arkansas Economic Development Commission for deposit into the New Markets Performance Guarantee Fund, § 19-5-1254.
(b) The qualified community development entity shall forfeit the fee required under this section if:
(1) The qualified community development entity and its subsidiary qualified community development entities fail to:
(A) Issue the total amount of qualified equity investments certified by the commission; and
(B) Receive cash in the total amount certified under and within the time period stated in § 15-4-3605; or

(2)
(A) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subchapter fails to meet the investment requirement under § 15-4-3607(3) by the second credit allowance date of the qualified equity investment.
(B) Forfeiture of the fee under subdivision (b)(2)(A) of this section shall be subject to the six-month cure period established under § 15-4-3608.

(c)
(1) The fee required under subsection (a) of this section shall be held in the fund until compliance with the requirements of this section is established.
(2)
(A) A qualified community development entity may request a refund of the fee from the commission no sooner than thirty (30) days after having met all the requirements of this section.
(B) The Treasurer of State shall comply with a request under subdivision (c)(2)(A) of this section or give notice of noncompliance within thirty (30) days of receiving the request.