(a) Unless prohibited by federal law or regulations promulgated thereunder, but notwithstanding any law or regulation of this state to the contrary, fiduciaries and financial institutions may invest up to no more than two and one-half percent (21/2%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without being in contravention of any prudent investor rule. This limitation is applicable only at the time of investment, and it shall not constitute a contravention of the prudent investor rule if investments in Arkansas private venture capital projects are in excess of this limitation by virtue of a reduction in the amount of funds eligible for investment.
(b) The primary state regulators of the fiduciaries making such investments under this section shall promulgate rules and regulations for the implementation of this section.
(c)
(1) The prudent investor rule is embodied in several laws of this state pertaining to the investment of funds by financial institutions and fiduciaries, and the General Assembly has determined that the people of this state would benefit by the limited relaxation of the prudent investor rule to the extent that fiduciaries and financial institutions should be allowed to invest a small portion of their assets in private venture capital projects within this state.
(2) It is the intent of this section to allow fiduciaries and financial institutions to invest up to two and one-half percent (21/2%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without incurring liability for violation of the prudent investor rule.
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