Page:United States Statutes at Large Volume 114 Part 5.djvu/702

 114 STAT. 2763A-662 PUBLIC LAW 106-554—APPENDIX H "SEC. 362. EXAMINATIONS. "(a) IN GENERAL.— Each New Markets Venture Capital company that participates in the program established under this part shall be subject to examinations made at the direction of the Investment Division of the Small Business Administration in accordance with this section. "(b) ASSISTANCE OF PRIVATE SECTOR ENTITIES.—Examinations under this section may be conducted with the assistance of a private sector entity that has both the qualifications and the expertise necessary to conduct such examinations. "(c) COSTS. — "(1) ASSESSMENT.— "(A) IN GENERAL.—The Administrator may assess the cost of examinations under this section, including compensation of the examiners, against the company examined. "(B) PAYMENT. — Any company against which the Administrator assesses costs under this paragraph shall pay such costs. "(d) DEPOSIT OF FUNDS. — Funds collected under this section shall be deposited in the account for salaries and expenses of the Small Business Administration. "SEC. 363. INJUNCTIONS AND OTHER ORDERS. "(a) IN GENERAL.— Whenever, in the judgment of the Administrator, a New Markets Venture Capital company or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or of any rule or regulation under this Act, or of any order issued under this Act, the Administrator may make application to the proper district court of the United States or a United States court of any place subject to the jurisdiction of the United States for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, rule, regulation, or order, and such courts shall have jurisdiction of such actions and, upon a showing by the Administrator that such New Markets Venture Capital company or other person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order, shall be granted without bond. "(b) JURISDICTION.—In any proceeding under subsection (a), the court as a court of equity may, to such extent as it deems necessary, take exclusive jurisdiction of the New Market Venture Capital company and the assets thereof, wherever located, and the court shall have jurisdiction in any such proceeding to appoint a trustee or receiver to hold or administer under the direction of the court the assets so possessed. "(c) ADMINISTRATOR AS TRUSTEE OR RECEIVER.— "(1) AUTHORITY. —The Administrator may act as trustee or receiver of a New Markets Venture Capital company. "(2) Appointment. — Upon request of the Administrator, the court may appoint the Administrator to act as a trustee or receiver of a New Markets Venture Capital company unless the court deems such appointment inequitable or otherwise inappropriate by reason of the special circumstances involved.

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