§ 8078.31. Loan Enrollment.
4 CA ADC § 8078.31Barclays Official California Code of RegulationsEffective: March 25, 2024
Effective: March 25, 2024
4 CCR § 8078.31
§ 8078.31. Loan Enrollment.
In addition to the terms and conditions set forth in Section 8072, the following additional provisions shall apply to the Collateral Support Program:
(a) Participating Financial Institutions must submit to the Authority a Collateral Support Program Request and receive an Initial Approval prior to the funding of the loan. The Collateral Support Program Request shall include all of the information required in Section 8072, in addition to the following:
(3) At the time of Initial Approval, the Executive Director shall also be authorized to require reasonable conditions, contingencies, or additional parameters necessary to support a prudent underwriting of the Collateral Support by the Authority, including but not limited to additional requirements to ensure the eligibility of the Borrower and the loan, the availability of cash flow, the value of the available collateral, and the liquidation plan in the event of a default.
(5) Upon the Initial Approval of the Collateral Support Program Request, the Authority will issue notice of such approval with instructions for the Participating Financial Institution to open a Loss Reserve Account pursuant to Section 8078.32 and deposit the Borrower's Closing Fee prior to the disbursement of the loan.
(3) All loans are eligible for an additional Severely Affected Community (SAC) Contribution if the Qualifying Business is located in a Severely Affected Community, or if the Qualified Business is considered to be Socially and Economically Disadvantaged in an amount of 10% of the loan value, not to exceed 25% of the Collateral Support.
(3) For lines of credit, the fee will be calculated based on the Collateral Support amount as provided in subdivision (e)(2). Prior to the expiration of the original Term of Enrollment, the Participating Financial Institution may request an extension, contingent upon current underwriting and subject to a 1.0% fee per year for each annual renewal up to a maximum of 60 months.
(4) For Bridge Loans, prior to the expiration of the original Term of Enrollment, the Participating Financial Institution may request an extension in writing. There is no fee associated with an approved extension as long as the total Term of Support as extended does not exceed 24 months. If the effect of any extension or series of extensions would increase the total Term of Support for the Bridge Loan into a tier associated with a higher Closing Fee, then any difference between the fees paid at closing and the newly calculated fees associated with the amended Term of Support would be charged to the Participating Financial Institution upon approval of the extension.
Credits
Note: Authority cited: Sections 44520 and 44559.5, Health and Safety Code. Reference: Sections 44559.2, 44559.4 and 44559.12, Health and Safety Code; and Section 1798.17, Civil Code.
History
1. New section filed 8-7-2017 as an emergency; operative 8-7-2017 pursuant to Health and Safety Code section 44520(b) (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day, pursuant to Health and Safety Code section 44520(b).
2. Certificate of Compliance as to 8-7-2017 order, including amendment of subsections (a)(1)(C), (a)(1)(E), (b)(1), (b)(3) and (c)(7), transmitted to OAL 1-31-2018 and filed 3-15-2018; amendments operative 3-15-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 11).
3. Amendment of subsections (a), (a)(5)(E), (b)(4)(C), (b)(4)(E), (c)(4) and (d)(2)(B), new subsection (d)(3), subsection relettering and amendment of subsection (e)(1) filed 7-31-2020 as an emergency; operative 7-31-2020 (Register 2020, No. 31). Emergency expiration extended 60 calendar days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 5-28-2021 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-31-2020 order, including amendment of subsection (a) and Note, transmitted to OAL 11-24-2020 and filed 1-11-2021; amendments operative 1-11-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
5. Amendment filed 10-2-2023 as an emergency; operative 10-2-2023 (Register 2023, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2024 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-2-2023 order transmitted to OAL 2-13-2024 and filed 3-25-2024 (Register 2024, No. 13).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 4, § 8078.31, 4 CA ADC § 8078.31
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