TITLE 10 COMMERCE AND TRADE

Section 10. Seed-Capital Fund, 10-10-1 through 10-10-20.

ARTICLE 2 INVEST GEORGIA FUND

10-10-14. Fund administrator; investments.

1. The fund administrator shall be selected by the board through a transparent open bid process and shall be responsible for administering the Invest Georgia Fund and for making all venture capital fund selections in accordance with the investment policies developed by the board or contained in this article.
2. The fund administrator shall be responsible for selecting a group of Georgia based venture capital funds in two categories, seed or early stage venture capital funds and growth stage venture capital funds.
3. The early stage venture capital funds shall invest primarily in early or seed stage businesses and shall be selected using a transparent open bid process pursuant to guidelines developed by the board. The fund administrator shall ensure that a diverse cross section of industry sectors is represented by the selected funds, including technology, health care, life sciences, agribusiness, logistics, energy, and advanced manufacturing.
4. The growth stage venture capital funds shall be selected using a transparent open bid process pursuant to guidelines developed by the board. The fund administrator shall ensure that a diverse cross section of industry sectors is represented by the selected funds, including technology, health care, life sciences, agribusiness, logistics, energy, and advanced manufacturing.
5. In the selection of the early stage venture capital funds and the growth stage venture capital funds, the fund administrator shall consider the following factors:
   1. The management structure of the venture capital fund, including:
      1. The investment experience of the principals;
      2. The applicant's reputation in the venture capital firm industry and the applicant's ability to attract coinvestment capital and syndicate investments in qualified businesses in Georgia;
      3. The knowledge, experience, and capabilities of the applicant in subject areas relevant to venture stage businesses in Georgia; and
      4. The tenure and turnover history of principals and senior investment professionals of the venture capital fund;
   2. The venture capital fund's investment strategy, including:
      1. The applicant's record of performance in investing in early and growth stage businesses;
      2. The applicant's history of attracting coinvestment capital and syndicate investments;
      3. The soundness of the applicant's investment strategy and the compatibility of that strategy with business opportunities in Georgia; and
      4. The applicant's history of job creation through investment;
   3. The venture capital fund's commitment to making investments that, to the fullest extent possible:
      1. Create employment opportunities in Georgia;
      2. Lead to the growth of the Georgia economy and qualified businesses in Georgia;
      3. Complement the research and development projects of Georgia academic institutions; and
      4. Foster the development of technologies and industries that present opportunities for the growth of qualified businesses in Georgia; and
   4. The venture capital fund's commitment to Georgia, including:
      1. The applicant's presence in Georgia through permanent local offices or affiliation with local investment firms;
      2. The local presence of senior investment professionals;
      3. The applicant's history of investing in early and growth stage businesses in Georgia;
      4. The applicant's ability to identify investment opportunities through working relationships with Georgia research and development institutions and Georgia based businesses; and
      5. The applicant's commitment to investing an amount that matches or exceeds the amount of the applicant's designated capital received under this article in Georgia based qualified early stage businesses and qualified growth stage businesses.
6. A venture capital fund shall file an application with the board in the form required by the fund administrator. The board shall begin accepting applications no later than 60 days after the initial appointments.

(Code 1981, §10-10-14, enacted by Ga. L. 2013, p. 243, § 5/HB 318.)