Issuance of bonds and allocation of volume cap
Arkansas Code § 15-5-318; Arkansas Code § 15-5-603; Arkansas Code § 15-5-604; Arkansas Code § 15-5-605
- (a) This part applies solely to the reservation and allocation of volume cap, and a reservation pursuant to this part shall not constitute a binding commitment of any issuer, including the Arkansas Development Finance Authority, to issue bonds, including affected bonds.
(b)
- (1) Issuance, for purposes of this part, shall be evidenced by bond counsel filing a notice of issuance with the President of the Arkansas Development Finance Authority.
(2) The notice shall contain the:
- (A) Name of the issue;
- (B) Date of the issue;
- (C) Priority number;
- (D) Reservation date; and
- (E) Volume cap allocated delineated by the current year volume cap amount and carryforward volume cap by year and amount.
- (3) The notice shall be signed and dated by bond counsel.
- (4) The authority may create a form of notice of issuance containing the information required by this subsection.
(5) Upon receipt of the notice, the president will execute and deliver a certificate of allocation of volume cap that complies with the requirements of:
- (A) 26 U.S.C. § 149(e)(2)(F);
- (B) 26 C.F.R. § 1.149(e)-1(b)(2); and
- (C) Form 8038 published by the United States Department of the Treasury, Internal Revenue Service.
- (c) The president is the state official authorized to execute a certificate of allocation of volume cap.