- (a) The financial condition of the general partner must be commensurate with any financial obligations assumed by it. The general partner must specifically have a minimum aggregate net worth at all times at least equal to the greater of (1) $100,000 or (2) the lesser of $1,000,000 or 5% of the total subscriptions made by participants in all existing programs organized by the general partner, including the one being offered.
- (b) In determining the general partner's net worth, the value of proven reserves, as determined by an independent petroleum engineer, of oil, gas and other minerals owned by a general partner may be used. Notes and accounts receivables from all programs, interests in all programs, and all contingent liabilities will be scrutinized carefully to determine the appropriateness of their inclusion in the net worth computation.
- (c) If more than one person acts or serves as general partner of a program, the net worth requirements may be met by aggregating the net worth of all such persons. In addition, the net worth of any guarantor of the general partner's obligations to or for the program may be included in the net worth computation, but only if the guarantor's liability is coextensive with that of the general partner.
Note: Authority cited: Section 25610, Corporations Code. Reference: Section 25140, Corporations Code.
History
1. Editorial correction adding Note filed 11-8-82 (Register 82, No. 46).