§ 15-4-1016 - Powers.
               	 		
15-4-1016.    Powers.
    (a)  The purposes of each capital development company shall be to:
      (1)  Promote,  stimulate, develop, and advance the business prosperity and economic  welfare of the State of Arkansas and its citizens;
      (2)  Encourage  and assist through loans, investments, or other business transactions  in the location of new business and industry in this state and to assist  the growth and expansion of existing business and industry;
      (3)  Stimulate  and assist in the expansion of all kinds of business activity that will  tend to promote the business development and maintain the economic  stability of this state, provide maximum opportunities for employment,  encourage thrift, and improve the standard of living of the citizens of  this state and, similarly, to cooperate and act in conjunction with  other organizations, public or private, in the promotion and advancement  of knowledge-based industry, venture capital, and biotechnology and  cultural, industrial, technological, scientific, commercial,  agricultural, economic, and recreational development in this state;
      (4)  Provide  financing for the promotion, development, and conduct of all kinds of  business activity in this state, including new businesses developed  through colleges and universities located in the state and businesses  owned by women and minorities; and
      (5)  Foster the flow of development capital throughout the state.
(b)  In  furtherance of the purposes stated in subsection (a) of this section  and in addition to any powers granted by the applicable business law  under which it was formed, each company shall have the power:
      (1)  To sue and be sued, complain, and defend in its own name;
      (2)  To have perpetual succession unless a limited period of duration is stated in its articles;
      (3)  To adopt a seal, which may be altered at pleasure, and to use it or a facsimile thereof as permitted by law;
      (4)  Within  the limitations hereinafter imposed and in the manner hereinafter  prescribed, to borrow money and otherwise contract indebtedness, to  issue its bonds, notes, debentures, or other obligations with or without  security and if with security, to secure the payment thereof by  mortgage, pledge, or deed of trust on all or any part of its property,  assets, revenues, or income;
      (5)  To  purchase, receive, lease as lessee, or in any other manner acquire,  own, hold, maintain, sell, exchange, and use any real and personal  property or any interest therein;
      (6)  To sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property or assets;
      (7)  To  make loans to any person and to establish and regulate the terms and  conditions with respect to any loans and the charges for interest and  service connected therewith, consistent with the provisions of this  subchapter;
      (8)  To purchase,  hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of  bonds, securities, or evidences of indebtedness created by any  individual or by any other capital development company, corporation,  limited liability company, partnership, unincorporated association,  trust estate, improvement district, or other entity or any governmental  or municipal agency of any character;
      (9)  To  purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise  dispose of equity interests of any other entity or entities of this or  any other state or government, subject to restrictions and limitations,  if any, as may be imposed by the laws of this or any other state in  which the company may do business and, while owner of an equity  interest, to exercise all the rights, powers, and privileges of  ownership, including the right to vote thereon;
      (10)  To make any contracts necessary or convenient for the exercise of the powers granted in this subchapter;
      (11)  To  elect or appoint managers, officers, agents, and employees of the  company and to define their duties and fix their compensation;
      (12)  To conduct its business and to have offices within or without the state;
      (13)  To accept gifts or grants of money, service, or real or personal property;
      (14)  With  the approval of the board and by action of the governing board of the  company, to make and alter governing documents in a manner not  inconsistent with the articles or with the laws of this state for the  administration and regulation of the affairs of the company;
      (15)  To  encourage and promote the cultural, industrial, technological,  scientific, commercial, agricultural, knowledge-based industry, venture  capital, biotechnology, economic, and recreational development of the  State of Arkansas;
      (16)    (A)  To  assist minority-owned and women-owned businesses in obtaining loans,  venture capital, or other means of financial assistance.
            (B)  The  terms and conditions of loans, venture capital investments, or  financial assistance, including the charges for interest and other  services, shall be consistent with the provisions of this subchapter.
            (C)  In  order to comply with this requirement, efforts must be made to solicit  for review and analysis proposed minority-owned and women-owned business  ventures.
            (D)  The company's  investment policies and underwriting standards may not be waived to  inconsistently favor minority-owned or women-owned businesses;
      (17)  With  the approval of the board, to make loans to or investments in entities  that do not own property or do not have employees located in this state  if the loan or investment satisfies one (1) or more of the purposes  stated in subsection (a) of this section; and
      (18)  To  do and perform any and all acts and things and to have and exercise any  and all powers as may be necessary, convenient, or appropriate to  effectuate the purpose for which the company is organized.