§ 15-5-604 - Filing by issuer of reservation of volume cap and notice of issuance of bonds. - Arkansas Statutes

15-5-604. Filing by issuer of reservation of volume cap and notice of issuance of bonds.

(a) In order to reserve an allocation of the state ceiling to an issue of affected bonds prior to the issuance by delivery and payment of those bonds, a reservation filing by or on behalf of the issuer must be made with the President of the Arkansas Development Finance Authority not more than sixty (60) days prior to the projected issuance date of the affected bonds. Each reservation filing shall be assigned a priority number in accordance with 15-5-607.

(b) (1) Once accepted as a reservation of volume cap by the president pursuant to the rules and regulations of the Arkansas Development Finance Authority, a reservation filing shall be effective to allocate state volume cap for purposes of compliance with federal tax law, subject only to the timely issuance of the affected bonds.

(2) The bonds shall be issued by delivery and payment within sixty (60) days after the date that the reservation filing is accepted as effective to allocate volume cap, unless:

(A) The deadline is extended pursuant to subsection (e) of this section;

(B) The reservation is accepted as effective to allocate volume cap on or after November 1, by December 31 of the applicable calendar year; or

(C) The issuer is granted permission by the president to carry forward the allocation pursuant to 15-5-606.

(c) The issuance of the affected bonds shall be evidenced by the filing of a notice of issuance with the president. However, the failure to file such notice of issuance shall not affect the allocation of volume cap to bonds that have been otherwise timely issued pursuant to subsection (b) of this section.

(d) (1) For reservation filings received by the president prior to September 1 of each calendar year, volume cap shall be reserved and allocated based on the priority number assigned in accordance with subsection (a) of this section.

(2) For reservation filings made on or after September 1 of each calendar year, or for reservation filings made once a volume cap shortage has been declared in accordance with the rules and regulations of the authority, volume cap shall be reserved and allocated in accordance with the rules and regulations of the authority.

(3) The authority shall promulgate rules and regulations to provide for the declaring of a volume cap shortage and to reserve and allocate volume cap in cases of a shortage declaration in accordance with the Arkansas Administrative Procedure Act, 25-15-201 et seq.

(e) (1) In the event that an allocation expires by reason of failure to issue the bonds within the applicable period stated in subsection (b) of this section, a new filing shall be made that shall be accorded priority in accordance with its new time of filing.

(2) (A) The president may extend the applicable period for issuing the bonds by up to sixty (60) days in accordance with the rules and regulations promulgated by the authority.

(B) The rules and regulations may provide for the payment by the issuer of a fee to extend the issuance period and may provide for the filing of an explanatory statement as to the reasons the bonds were not issued during the original applicable period.

(C) The authority shall promulgate rules and regulations to provide for extending the applicable period for issuing the bonds in accordance with the Arkansas Administrative Procedure Act, 25-15-201 et seq.