<?xml version='1.0' encoding='utf-8'?>
<chapter num="03" heading="Pre-Seed Builder Fund and Inclusion Fund" title_num="14" subtitle_num="04">
  <regulation prefix="Regulation" num=".01" heading="Purpose.">
    <text>These regulations prescribe the objectives and investment policy of the Pre-Seed Builder Fund and the Inclusion Fund, the standards for qualification and investment criteria for participation in the Pre-Seed Builder Fund and the Inclusion Fund, and procedures and guidelines for TEDCO’s selection of businesses to receive Pre-Seed Builder Fund and Inclusion Fund investment.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Objective.">
    <text>The objective of the Pre-Seed Builder Fund is to make pre-seed investments in and to support the development of technology-based start-up businesses owned and managed by individuals who demonstrate economic disadvantage. The objective of the Inclusion Fund is to make investments in technology-based businesses that have grown since their pre-seed stage and are owned and managed by individuals who demonstrate economic disadvantage.</text>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Executive support” includes assistance in and support for management and implementation, planning, tracking and analysis, networking support, mentoring, coaching, advisory, facilitation, instruction or observation and feedback provided to a business.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Inclusion Fund” means the program established by §§10-481—10-483 of the Act.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Pre-Seed Builder Fund” means the program established by §10-486 of the Act.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Investment Philosophy and Types of Qualified Businesses.">
    <text>The Pre-Seed Builder Fund and Inclusion Fund each identify investment opportunities in businesses that are often overlooked by traditional sources of investment and financing because of economic disadvantage and seek to invest in early-stage technology-based businesses that have the potential, with the Pre-Seed Builder Fund investment, the Inclusion Fund investment, or other TEDCO services, to create jobs in the State and become attractive targets for follow-on financing or investment.</text>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Eligibility.">
    <paragraph num="A.">
      <text>In General. TEDCO shall be satisfied that the applicant meets the eligibility requirements set forth in COMAR 14.04.02.04.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Eligibility Requirements Specific to Pre-Seed Builder Fund. In addition to the requirements set forth in COMAR 14.04.02.04, TEDCO shall be satisfied that:</text>
      <paragraph num="(1)">
        <text>At the time of TEDCO's investment, at least one owner or executive manager who has demonstrated economic disadvantage works at the applicant full-time;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>At the time of TEDCO's investment, at least 50 percent of the applicant is owned by one or more individuals who have demonstrated economic disadvantage; and</text>
      </paragraph>
      <paragraph num="(3)">
        <text>If required by TEDCO, the founders, owners, managers, or officers agree to receive executive support.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Eligibility Requirements Specific to Inclusion Fund. In addition to the requirements set forth in COMAR 14.04.02.04 and §B(1) and (3) of this regulation, TEDCO shall be satisfied that:</text>
      <paragraph num="(1)">
        <text>At the time of TEDCO's investment, at least 30 percent of the applicant is owned by one or more individuals who have demonstrated economic disadvantage; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>For at least 1 year after the time of TEDCO's investment, the applicant is controlled and managed by one or more individuals who have demonstrated economic disadvantage.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Procedures and Guidelines for Investment Decisions.">
    <paragraph num="A.">
      <text>In General. Except as provided in §§B and C of this regulation, TEDCO shall select businesses for investment by the Pre-Seed Builder Fund or the Inclusion Fund in accordance with the application process as set forth in COMAR 14.04.02.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Investment Criteria.</text>
      <paragraph num="(1)">
        <text>In addition to the investment criteria described in COMAR 14.04.02.05, the following investment criteria shall form the basis of TEDCO’s determination of the applicant’s potential to attract subsequent financing or investment after participating in the Pre-Seed Builder Fund or the Inclusion Fund and to create jobs in the State:</text>
        <paragraph num="(a)">
          <text>Whether the applicant has or does not have available to it other means of financing; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Whether the applicant has secured, through verifiable documentation:</text>
          <paragraph num="(i)">
            <text>Expressions of interest in providing financing to the applicant from sources of institutional venture investment or other financing sources, based on specified milestones; or</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Network opportunities, including introductions to customers, employees, and partners.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>TEDCO shall use the investment criteria to evaluate applicants to determine:</text>
        <paragraph num="(a)">
          <text>Whether an applicant advances in the application process; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The extent to which the achievement of milestones determined by TEDCO or the receipt of executive support will be a condition of investment by the Pre-Seed Builder Fund or Inclusion Fund.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>TEDCO may require:</text>
        <paragraph num="(a)">
          <text>Eligible applicants to interview with TEDCO program staff; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Finalists for investment to make in-person presentations to TEDCO program staff.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Re-application After Initial Rejection. If TEDCO rejects a business for investment by the Pre-Seed Builder Fund or by the Inclusion Fund after the business submits a first application to TEDCO, the business may re-apply to TEDCO upon the later of:</text>
      <paragraph num="(1)">
        <text>120 days after the date on which TEDCO issues a written rejection to the business; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The satisfaction of recommendations by TEDCO, if any.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Re-application After Subsequent Rejection. If TEDCO rejects a business for investment by the Pre-Seed Builder Fund or by the Inclusion Fund any time after the business submits a second application to TEDCO, the business may re-apply to TEDCO upon the later of:</text>
      <paragraph num="(1)">
        <text>1 year after the date on which TEDCO issues a written rejection to the business; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The satisfaction of any recommendations by TEDCO, if any.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Economic Development Article, §10-409, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: December 30, 2019 (46:26 Md. R. 1167)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 21, 2022 (49:4 Md. R. 302)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 21, 2022 (49:4 Md. R. 302)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03B amended effective February 21, 2022 (49:4 Md. R. 302)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 21, 2022 (49:4 Md. R. 302)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective February 21, 2022 (49:4 Md. R. 302)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .06 amended effective February 21, 2022 (49:4 Md. R. 302)</annotation>
  </annotations>
</chapter>