Exit.

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  • (1) On or after the seventh anniversary of the closing date, a rural investment company may apply to the office to exit the program and no longer be subject to this part.
  • (2) An application submitted under Subsection (1) shall be in a form and in accordance with procedures prescribed by the office and shall include a calculation of the state reimbursement amount.
  • (3) In evaluating the exit application, if no tax credit certificates have been revoked and the rural investment company has not received a notice of revocation that has remained uncorrected under Subsection 63N-4-305(3)(b), the rural investment company is eligible for exit.
  • (4)
    • (a) The office shall respond to the application within 30 days of receipt and include confirmation of the state reimbursement amount.
    • (b) The office shall not unreasonably deny an application submitted under this section.
    • (c) If the office denies the application, the office shall provide the reasons for the determination to the rural investment company.
  • (5) Within 60 days after the day on which the confirmation of the state reimbursement amount is received by the rural investment company, the rural investment company shall make a cash distribution to the state in an amount equal to the lesser of:
    • (a) the state reimbursement amount; and
    • (b) the excess return.
  • (6) The office shall notify the rural investment company once payments equal to the amount described in Subsection (4) have been received.
  • (7) Any amounts collected under this section shall be deposited into the General Fund.




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