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§ 8078.11. Loss Reserve Accounts.

4 CA ADC § 8078.11Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 4. Business Regulations
Division 11. California Pollution Control Financing Authority (Refs & Annos)
Article 7. Capital Access Program for Small Businesses
4 CCR § 8078.11
§ 8078.11. Loss Reserve Accounts.
(a) Upon the Executive Director's acceptance of an application by a Participating Financial Institution, CPCFA shall establish a Loss Reserve Account for that Participating Financial Institution for this Program for the following purposes:
(1) To receive deposits from the Participating Financial Institution Contributions, the Borrower Contributions and the CalCAP/ADA Contributions; and
(2) To pay claims in accordance with Section 8078.12.
(b) All moneys in a Loss Reserve Account are property of the Authority held in trust to be used only for the valid and lawful purposes of the Program as provided by these regulations. Interest or income earned on moneys credited to the Loss Reserve Account shall be deemed to be part of the Loss Reserve Account. The Executive Director shall be authorized to withdraw from the Loss Reserve Account all interest and income that has been credited to the Loss Reserve Account. The Executive Director shall be authorized to withdraw Contributions improperly deposited in a Loss Reserve Account.
(c) The Executive Director shall be authorized to Recapture the CalCAP/ADA Contribution from the Loss Reserve Account when the corresponding Qualified Loan matures or at five years from the date of enrollment, whichever occurs first.
(d) On an annual basis after March 31, CPCFA will send a notice to the Participating Financial Institution listing the CalCAP/ADA Contribution amounts that will be recaptured based on the status of the loan(s) at the end of the previous calendar year.
(e) If any Loss Reserve Account is held at a Participating Financial Institution, the Participating Financial Institution shall provide monthly statements to CPCFA no later than the 15th of each month reporting all Loss Reserve Account activity, and beginning and ending balances. In addition, the Participating Financial Institution shall provide information to CPCFA regarding the status of enrolled loans, claims and recoveries upon request.
(f) The Participating Financial Institution shall provide reports on a quarterly basis to CPCFA no later than 15 days after the end of each quarter, listing the status of all enrolled loans, claims and recoveries whether or not the Participating Financial Institution has filed a claim with CPCFA. The quarters end on March 31, June 30, September 30, and December 31.

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Note: Authority cited: Sections 44520, 44559.5, 44559.11 and 44559.13, Health and Safety Code. Reference: Section 44559.2, Health and Safety Code; and 42 U.S.C. Section 12101.
History
1. New section filed 8-29-2016 as an emergency; operative 8-29-2016 (Register 2016, No. 36). This filing is deemed an emergency pursuant to Health and Safety Code section 44520(b). A Certificate of Compliance must be transmitted to OAL by 2-27-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-15-2017 as an emergency; operative 2-28-2017 (Register 2017, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-29-2017 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-15-2017 order, including amendment of Note, transmitted to OAL 3-27-2017 and filed 5-8-2017; amendments operative 5-8-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).
This database is current through 9/22/23 Register 2023, No. 38.
Cal. Admin. Code tit. 4, § 8078.11, 4 CA ADC § 8078.11
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