Ohio Administrative Code
Title 122:24 - InvestOhio Program
Chapter 122:24-1 - General Provisions
Section 122:24-1-02 - Procedure for investOhio program
Universal Citation: OH Admin Code 122:24-1-02
Current through all regulations passed and filed through September 16, 2024
(A) The investOhio program is a multistep process in which the following acts must occur:
(1) The small business enterprises and
eligible investors that wish to participate in the program must register with
the investOhio program. The registration process is further described in rule 122:24-1-03 of the Administrative Code.
(2) A
registered eligible investor and a registered small business enterprise must
reach an agreement that permits the eligible investor to make an investment of
money in the small business enterprise for an equity interest in the small
business enterprise whether such agreement was reached prior to or after
registering as an eligible investor or small business enterprise with the
investOhio program. The time of investment must occur in the same state fiscal
biennium as application described in paragraph (A)(3) of this rule.
(3) One of the parties to the qualifying
investment described in paragraph (A)(2) of this rule must apply to the
investOhio program. The application process is further described by rule 122:24-1-04 of the Administrative Code. The date and time in which the application is received by the director determines the priority that the qualifying investment has under the investOhio program. Each transaction will be given an investOhio transaction ID to denote the priority of the transaction.
(4) Once the application has been submitted
to the director, the eligible investor must make the investment of money
consistent with rule 122:24-1-05 of the Administrative Code.
(5)
Within six months after the date on which the investment of money
occurs, the small business enterprise must make allowed expenditures consistent
with division (A)(1) of section
122.86
of the Revised Code.
(6)
Following the end of the required holding period and
submission of required documents,
the director will
begin to issue small business investment certificates to those qualifying
investments that have that met each of the requirements listed in paragraphs
(A)(1) to (A)(6) of this rule . The certificate shall establish the
maximum amount of the tax credit that may be claimed. The director will issue small business
investment certificates until the amount of tax credits awarded meets the
limitation imposed by division (C)(3) of section
122.86
of the Revised Code.
(7) Eligible investors
that possess small business investment certificates may claim a tax
credit consistent with section
5747.81
of the Revised Code.
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