5-10.2-10-20. Notice to Scrutinized Company With Active Business Operations
Sec. 20. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 18 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has active business operations; a written notice concerning the contents of this chapter […]
5-10.2-10-21. Compliance by a Scrutinized Company
Sec. 21. (a) If, within one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to a company under section 20 of this chapter, the company ceases scrutinized business operations, the company shall be removed from a fund’s scrutinized company list, and sections 22, 23, 24, […]
5-10.2-10-22. Divestment; Exemption for Certain Commingled Funds
Sec. 22. (a) Except as provided in sections 24 and 25 of this chapter, if a company continues to have scrutinized active business operations one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to the company under section 20 of this chapter, the fund shall […]
5-10.2-10-23. Acquisition of Securities Containing Scrutinized Companies
Sec. 23. Except as provided in sections 24 and 25 of this chapter: (1) before July 1, 2011, a fund shall not acquire; and (2) after June 30, 2011, the system shall not acquire for a fund; securities of companies on the scrutinized company list that have active business operations. As added by P.L.67-2009, SEC.1. […]
5-10.2-10-24. Scrutinized Company Excluded From Federal Sanctions
Sec. 24. If the government of the United States declares that a company on the scrutinized company list with active business operations in a state sponsor of terror is excluded from any federal sanctions relating to a state sponsor of terror, the company is not subject to divestment or investment prohibition under this chapter. As […]
5-10.2-10-10.8. “Power Production Activities”
Sec. 10.8. As used in this chapter, “power production activities” means any business operation that involves a project commissioned by a state sponsor of terror whose purpose is to facilitate power generation and delivery. The term includes the following: (1) Establishing power generating plants or hydroelectric dams. (2) Selling or installing components for power generating […]
5-10.2-10-25. Exclusion of Indirect Holdings in a Private Market Fund
Sec. 25. Notwithstanding any provision to the contrary, sections 22 and 23 of this chapter do not apply to indirect holdings in a private market fund that includes a scrutinized company with active business operations in a state sponsor of terror. As added by P.L.67-2009, SEC.1.
5-10.2-10-11. “Private Market Fund”
Sec. 11. As used in this chapter, “private market fund” means any: (1) private equity fund; (2) private equity fund of funds; (3) venture capital fund; (4) hedge fund; (5) hedge fund of funds; (6) real estate fund; or (7) investment vehicle; that is not publicly traded. As added by P.L.67-2009, SEC.1.
5-10.2-10-25.5. Exclusion of Indirect Holdings in Actively Managed Investment Funds
Sec. 25.5. Notwithstanding any provision to the contrary, sections 22 and 23 of this chapter do not apply to indirect holdings in actively managed investment funds. However, if a fund has indirect holdings in actively managed investment funds containing the securities of scrutinized companies with active business operations, the fund (before July 1, 2011) or […]
5-10.2-10-12. “Scrutinized Business Operations”
Sec. 12. As used in this chapter, “scrutinized business operations” means business operations that have caused a company to become a scrutinized company. As added by P.L.67-2009, SEC.1.