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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) No qualified investments shall be made in a small business that is the “alter ego” of the investment fund or the investment fund manager. For purposes of this subsection, a business is an “alter ego” of an investment fund or an investment fund manager if any of the following criteria are satisfied:
(a) Prior to an investment fund making a qualified investment in the small business, the small business is owned in whole or in an amount greater than twenty percent (20%) of the small business by an investor, officer, director, partner, member, manager, trustee or employee of the investment fund or the investment fund manager; or
(b) The small business employs on a full-time or part-time basis an investor.
(2) An investment fund manager may occupy any management position in any small business in which that investment fund has made a qualified investment for the purpose of:
(a) Filling a management position in an effort to remedy problems arising from a lack of profitability of the small business, or from dishonesty of the persons otherwise managing the small business; or
(b) Serving in a management position in the small business in order to add value to the investment fund and the business by his or her experience, skills, or relationships to help a business succeed.
(3) No officer, member, or employee of the authority shall have a direct or indirect financial interest in any investment fund or investment fund manager.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XII. Conservation and State Development § 154.20-283.Prohibition against certain qualified investments and financial interests; investment fund manager's limitations on holding management positions in small businesses in which investment fund has invested - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xii-conservation-and-state-development/ky-rev-st-sect-154-20-283/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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