reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5038 - Corporation Director's Action on Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
3. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Section
					 14046,
					 14081
					 and
					 14127,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5038.1 - Corporate Report of Financial Assistance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
3. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14023.5(d) and
					 (k),
					 14024(c),
					 14046
					 and
					 1417(a),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5039 - Corporate Compliance to Loan Criteria. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference:Sections
					 14022(b),
					 14023.5(k),
					 14025,
					 1046(a)
					 and
					 14048,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5040 - Default Claim Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023.5(k),
					 14046(a),
					 14129(g)
					 and
					 14131(a) and
					 (b), Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5041 - Terms of Guarantee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023.5(k),
					 14046(a)
					 and
					 14131(a) and
					 (b), Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5042 - Conditions of Guarantee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023.5(k),
					 14046(a),
					 14129(g)
					 and
					 14131(a) and
					 (b), Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5043 - Legal Proceedings by or Against Borrowers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82. No.2).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023.5(k),
					 14046(a),
					 14129(g),
					 14131(a) and
					 (b), Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5044 - Release of Guarantee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 2).
2. Repealer
				  of section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14046(a),
					 14081
					 and
					 14131(a) and
					 (b), Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5045 - Procedure and Responsibilities of Involved Parties for the Sale of the Guaranteed Portion of Notes on the Secondary Market. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-82;effective thirtieth day thereafter (Register 82, No.
				  11).
2. Repealer of section filed 6-24-91; operative 7-24-91
				  (Register 91, No. 42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Section
					 14090,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 3 - Secondary Market for Guaranteed Portion of Loans › Section 5046 - Default of Notes Held by Third Party Investors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-9-82;effective thirtieth day thereafter (Register 82, No.
				  11).
2. Editorial correction of subsection (c) filed 2-16-83
				  (Register 83. No.8).
3. Repealer of section filed 6-24-91; operative
				  7-24-91 (Register 91, No. 42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Section
					 14090,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 4 - Suspension of a Corporation › Section 5050 - Temporary Withdrawal; Corporate Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Director determines that
				irreparable harm may occur without Temporary Withdrawal, the Director shall
				notify the Corporation of its finding by personal service at the Corporation's
				main office ("Withdrawal Notice") and by registered mail to each member of the
				Board of Directors. The Temporary Withdrawal shall be in effect upon receipt of
				the Withdrawal Notice by the Corporation.
(b) The Withdrawal Notice shall include the
				following:
(1) An affidavit, executed by the
				Director, setting out the facts upon which the finding of irreparable harm is
				based, including citation to the specific provisions of the law or implementing
				regulations with which the Corporation has failed to comply; and
(2) A description of any documents which the
				Director relied upon in making the findings.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 4 - Suspension of a Corporation › Section 5051 - Suspension; Suspension Board Hearing Procedure; Temporary Withdrawal Board Hearing Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon a finding that a Corporation has failed to substantially comply with one
				or more of the criteria described in subsections (1) through (4), the Director
				may suspend the Corporation or suspend the Corporation, with suspension stayed
				until the Director approves a Remedial Action Plan submitted by the
				Corporation. Suspension of a Corporation requires a finding that irreparable
				harm will occur unless the Corporation is suspended and a finding that the
				Director has considered the Corporation's history and past performance.
(1) The California Small Business Financial
				Development Corporation Law and implementing regulations;
(2) The plan of operation specified in
				Corporations Code section
				14025(d);
(3) Fiscal and portfolio requirements as
				contained in the fiscal and portfolio audits specified in section
				14027; or
(4) Milestones and scope of work as contained
				in the annual contract between the Corporation and the
				Agency.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5060 - Proposal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Director is authorized to adopt a resolution of intent to establish a new
				Corporation. The resolution shall include the following information:
(1) The geographic service area for the new
				Corporation;
(2) The date when the
				Request for Proposal shall be distributed; and
(3) The date when the Proposal shall be due
				to the Agency.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5061 - Contents of Proposal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Proposal shall consist of a cover sheet, evidence of experience, table of
				contents and information as set forth in subsection (d) below.
(b) The cover sheet of the Proposal shall be
				signed and dated by each of the entities or individuals which are submitting
				the Proposal, and shall contain the following information:
(1) Name and address of each entity or
				individual submitting the Proposal;
(2) The proposed location and service area of
				the Proposer;
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5061.1 - Corporate Filing of Articles, Bylaws and Operating Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-6-83 (Register 83, No. 8).
3. Repealer of section
				  filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b) and
					 (d)(5),
					 14023(d),
					 14024(c),
					 14032,
					 14125(c),
					 14128 and
					 14129(h)
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5061.2 - Removal of Corporate Officers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No.8).
2. Repealer of section
				  filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Section
					 14035,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5061.3 - Continuous Relationship by Debtors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No.8).
2. Repealer of section
				  filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14024(b),(6),
					 14028.4,
					 14084 and
					 14170 Corporations
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5061.4 - Conditional Grant Conditions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
3. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023(a),(b),and
					 (f),
					 14023.5(k),
					 14085,
					 14125(c),
					 14127 and
					 14129(h),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 5 - Designation of a Corporation › Section 5061.5 - Corporate Portfolio Status Reports. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83. (Register 83, No.8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14023.5(k)
					 and
					 14127,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5070 - Trust Fund Account Allocation; Default Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Agency and each Corporation shall
				annually negotiate and execute Corporate Contracts and Multi-party Contracts.
				As used in this section, "Fiscal Year" means the period commencing July 1 and
				ending June 30 of the following year.
(b) Following the end of each Fiscal Year,
				the Agency shall calculate the Net Default rate for each Corporation. The
				Agency shall remove 5% of the funds from the trust fund account of a
				Corporation with a Net Default Rate not less than 3.5% and not greater than 5%.
				The Agency shall remove 10% of the funds from the trust fund account of a
				Corporation with a Net Default Rate greater than 5%. The Net Default Rate shall
				be calculated and defined as follows:
(1) Add
				the amount of money paid by the Agency for Guarantees and Farm Loans which were
				executed by the Corporation during the previous five Fiscal Years and which
				went into Default.
(2) Subtract
				from the subsection (b)(1) amount any recoveries received by the Agency on the
				Default Guarantees and Farm Loans during the previous five Fiscal
				Years.
(3) For each of a
				Corporation's five previous Fiscal Years, add the amount of Guarantees and Farm
				Loans made by the Corporation which are outstanding as of the end of each month
				of each year and divide the total amount for each year by twelve (12), "Average
				Annual Guarantees and Farm Loans".
(4) Calculate the sum of the Average Annual
				Guarantees and Farm Loans.
(5)
				Divide the subsection (b)(2) number by the subsection (b)(4) number. The
				resulting number is the Net Default Rate.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5071 - Hearings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction filed 2-16-83 (Register 83, No. 8).
2. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023.5(b)
					 and
					 14025,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5072 - Notice of Intent to Withdraw Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b)
					 and
					 14025,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5073 - Temporary Withdrawal of Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 2-016-83 (Register 83, No.8).
2. Repealer
				  of section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023(a),
					 14023.5(k)
					 and
					 14025,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5074 - Findings and Conclusions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14023(a),
					 14023.5(k)
					 and
					 14025,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5075 - Suspension. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
				  Repeal filed 6-3-85 by OAL pursuant to Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, No.
				  26).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b)
					 and
					 14025,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5076 - Relief from Suspension. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of NOTE filed 5-19-82 (Register 82, No. 21).
2. Editorial
				  correction of NOTE filed 2-16-83 (Register 83, No. 8).
3. Repealer
				  of section filed 6-24-91; operative 7-24-91 (Register 91, No.
				  42).
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Sections
					 14022(b),
					 14025
					 and
					 14026,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 6 - Leverage Requirements for Use of Reserve › Section 5077 - Voting Limitation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-13-79 as an emergency; effective upon filing (Register 79, No. 50). A
				  Certificate of Compliance must be filed within 120 days or emergency language
				  will be repealed on 4-12-80.
2. Certificate of Compliance filed
				  4-10-80 (Register 80, No. 15).
3. Repealer filed 7-10-81; effective
				  thirtieth day thereafter (Register 81, No. 28). Due to printing error, text
				  inadvertently omitted in Register 80, No. 22; refer to Register 80, No. 15 for
				  prior language.
Note: Authority cited: Section
					 14022(b),
					 Corporations Code. Reference: Section
					 14075,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 7 - New Product Development [Repealed] › Section 5080 - Corporation Eligibility to Participate in a Product Development Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-26-87; operative 6-25-87 (Register 87, No. 22).
2. Change
				  without regulatory effect repealing article and section filed 11-29-93 pursuant
				  to title 1, section
				  100, California Code of
				  Regulations (Register 93, No. 49).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14029.92,
					 Corporations Code. Reference: Section
					 14029.9,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 7 - New Product Development [Repealed] › Section 5080.1 - Definition of Person to Include Corporation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-26-87; operative 6-25-87 (Register 87, No. 22).
2. Change
				  without regulatory effect repealing section filed 11-29-93 pursuant to title 1,
				  section 100, California Code of
				  Regulations (Register 93, No. 49).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14029.92,
					 Corporations Code. Reference: Section
					 14010(w),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 7 - New Product Development [Repealed] › Section 5080.2 - Allowable, Documented Costs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-26-87; operative 6-25-87 (Register 87, No. 22).
2. Change
				  without regulatory effect repealing section filed 11-29-93 pursuant to title 1,
				  section 100, California Code of
				  Regulations (Register 93, No. 49).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14029.92,
					 Corporations Code. Reference: Sections
					 14029.9
					 and
					 14029.92,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 7 - New Product Development [Repealed] › Section 5080.3 - Allowable Costs and Terms of Venture Capital Agreement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-26-87; operative 6-25-87 (Register 87, No. 22).
2. Change
				  without regulatory effect repealing section filed 11-29-93 pursuant to title 1,
				  section 100, California Code of
				  Regulations (Register 93, No. 49).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14029.92,
					 Corporations Code. Reference: Sections
					 14029.9
					 and
					 14029.92,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 7 - New Product Development [Repealed] › Section 5080.4 - Reporting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-26-87; operative 6-25-87 (Register 87, No. 22).
2. Change
				  without regulatory effect repealing section filed 11-29-93 pursuant to title 1,
				  section 100, California Code of
				  Regulations (Register 93, No. 49).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14029.92,
					 Corporations Code. Reference: Sections
					 14029.9,
					 14029.92
					 and
					 14127,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 8 - Conflict of Interest Code Small Business Board and California Small Business Financial Development Corporations › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated Persons
Persons in the following positions are designated persons and
				  shall make the designated types of disclosures set forth in the disclosure
				  categories listed opposite the position. A detailed description of each
				  disclosure category is set out in Appendix B.
Disclosure
Designated Positions
Categories
Members of Small Business Board.
1
Directors/Members of the Board of California Small
							 Business
Financial Development Corporations.
2
Officers of California Small Business Financial
							 Development
Corporations.
2
Loan Committee Members of California Small Business
							 Financial
Development Corporations.
2
Consultants.
*
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 8 - Conflict of Interest Code Small Business Board and California Small Business Financial Development Corporations › Appendix B

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure Categories
1.Income from, investments in, and management
				positions with entities, profit or nonprofit, which:
(A) Have received in the past two years, are
				in receipt of, have applied for, are in the process of applying for, or which
				the official knows are planning to apply for within the next 12 months equity
				financing, direct loan or guarantee of a loan by a California Small Business
				Financial Development Corporation.
(B) Have received in the last two years, have
				applied for, are in the process of applying for, or which the official knows
				are planning to apply for within the next 12 months a contract with the
				California Business, Transportation and Housing Agency.
(C) Are banks, savings and loans, or other
				financial institutions of the type which lends funds guaranteed pursuant to the
				California Small Business Financial Development Corporation Law.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5110 - Farm Loan Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions set forth in Section
				  5000 of these regulations, and
				  section
				  14010 of
				  the Corporations Code, the following definitions apply to article 9:
(a) "Authorized Farm Costs" means the costs
				incurred by a Farm, including:
(1) Operating
				and production expenses, including the purchase, construction or repair of
				buildings, machinery, equipment and storage and drying facilities, the purchase
				of animals, seed and fertilizer, the purchase of real estate and the costs of
				improvement or repairs thereto.
(2)
				Costs associated with the purchase of real estate, including easements and
				rights-of-way to establish or enlarge a Farm.
(3) Costs associated with water development,
				soil conservation, forestation, drainage, pollution abatement and related
				measures.
(4) Disaster losses
				including actual losses incurred in connection with disaster damaged or
				destroyed farm property or production enterprises, or both, including annual
				operating and production expenses, construction and improvement of buildings
				and facilities, and land and water development.
(5) Refinancing debt including the costs
				associated with the issuance of such debt and lender fees and charges, where
				the debt to be refinanced was incurred for Authorized Farm Costs. No costs set
				forth in this clause shall be authorized unless the Farm Lender shall certify
				that, in the Farm Lender's opinion, sufficient collateral or cash flow exists
				to reasonably preclude the chance of loan losses.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5111 - Disbursement of Farm Lender Loan Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No Farm Borrower Agreement shall be
				executed by a Corporation until the proposed Farm Borrower Loan has been
				reviewed by the Corporation's loan committee and approved by its board of
				directors, unless the Corporation's board of directors has delegated the
				authority to approve a proposed Farm Borrower Loan to the Corporation's loan
				committee. Approval of the Farm Borrower Loan shall be evidenced by adoption of
				a corporate resolution approving the loan. The Corporation shall retain the
				resolution and the minutes of loan committee and board of directors meetings at
				which the loan was discussed and approved, including any conditions placed on
				the loan.
(b) Disbursement of loan
				proceeds to the Farm Lender for Farm Borrower Loans will be made only if the
				Farm Lender is a party in good standing to an existing Farm Lender Credit
				Agreement.
(c) Within ten (10)
				calendar days of receiving a Farm Lender Disbursement Request for a previously
				approved Farm Borrower Loan, the Agency shall notify the Farm Lender of
				disbursement approval, provided:
(1) Funds
				are available in the trust fund account of the Farm Lender to meet the request
				contained in the Farm Lender Disbursement Request.
(2) The disbursement is in connection with an
				executed Farm Borrower Agreement which complies with section
				5110(d), referred
				to in the remainder of this section as "Farm Borrower Loan".
(3) The disbursement request is consistent
				with the funding requirements of the related Farm Borrower Agreement. Evidence
				of the consistency consists of a budget showing amounts previously disbursed to
				the Farm Lender in connection with such Farm Borrower Loan, amount of loan
				proceeds lent by the Farm Lender to the Farm Borrower, and the date upon which
				it is projected that the money to be disbursed pursuant to this section shall
				be lent by the Farm Lender to the Farm Borrower.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5112 - Release of Farm Loan Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Farm Lender shall not lend funds received pursuant to a Farm Lender Credit
				Agreement to a Farm Borrower without complying with the following conditions
				precedent:
(1) For a Nonguaranteed Farm
				Borrower Loan, or for a Guaranteed Farm Borrower with a loan that cannot be
				legally assigned or sold, assignment to the Agency of the Farm Borrower
				Agreement note, together with an assignment of any financing statement,
				security interest or similar instrument obtained or entered into pursuant to
				the related Farm Borrower Agreement, perfected by a UCC-1 public
				notice.
(2) For a Guaranteed Farm
				Borrower Loan:
(A) A Guarantee has been
				executed, and either assigned to the Agency or sold pursuant to section
				5116, and
(B) A certification by the Farm Lender that
				it has complied with or has taken all actions which are in its opinion
				necessary to comply with any conditions precedent to the issuance of such
				Guarantee required by USDA; provided, however, that for the purposes of this
				section, payment of funds to the Farm Borrower shall not be deemed to be such a
				condition.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5112.5 - Payment of Funds to Farm Borrower. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Certificate
				  of Compliance as to 9-19-88 order including new Section
				  5112.5 filed 2-8-89 (Register 89,
				  No. 8).
2. Repealer filed 2-1-94 as an emergency; operative 2-1-94
				  (Register 94, No. 5). A Certificate of Compliance must be transmitted to OAL by
				  8-1-94 pursuant to Corporations Code section
				  14024 or
				  emergency language will be repealed by operation of law on the following
				  day.
Note: Authority cited: Sections
					 14022(b)
					 and
					 14028.5,
					 Corporations Code. Reference: Section
					 14131(c),
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5114 - Defaults

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Default of a
				Farm Borrower Agreement shall be a default of outstanding trust fund account
				funds under the related Farm Lender Credit Agreement. Farm Lender shall provide
				the Agency with written notice that a Default has occurred within fourteen (14)
				days of either failure by the Farm Borrower to make payment at loan maturity or
				filing for bankruptcy by Farm Borrower.
(b) With respect to a Default on a Guaranteed
				Farm Borrower Loans, the procedures to be followed by a Farm Lender shall be
				those specified by USDA. If no such procedures exist, the procedures specified
				in subsection (c) shall apply.
(c)
				With respect to a Default on a Nonguaranteed Farm Borrower Loans, the
				procedures to be followed by a Farm Lender shall be set forth in the Farm
				Borrower Agreement and the related Farm Lender Credit Agreement, and shall
				include the following:
(1) A meeting shall be
				arranged by the Farm Lender with the Farm Borrower upon occurrence of a Default
				in order to resolve the problem. Actions taken by the Farm Lender may include,
				the following:
(A) Deferment of principal
				payments.
(B) An additional
				temporary loan by the Farm Lender to bring the account current.
(C) Reamortization of or rescheduling the
				payments on the loan.
(D)
				Reorganization.
(E) Subsequent loan
				guarantees.
(F) Changes in the
				interest rate, upon approval of the Agency.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5115 - Liquidation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With respect to
				Guaranteed Farm Borrower Loans, Liquidation shall follow the procedures
				required by USDA; provided, however, that any reports made to USDA in
				connection with such Liquidation shall also be given to the Agency. If no such
				procedures exist, the procedures specified in subsection (b) shall
				apply.
(b) With respect to
				Liquidation of a Nonguaranteed Farm Borrower Loan, a Liquidation plan shall be
				prepared by the Farm Lender and delivered to the Agency. The Liquidation plan
				shall specify the steps Farm Lender intends to take for Liquidation of the Farm
				Borrower Loan, including proposed costs. Unless the Farm Borrower receives
				written objections to the Liquidation plan from the Agency within fourteen days
				of mailing the plan to the Agency, the plan shall be deemed approved by the
				Agency. In the event Farm Lender receives a written objection to the plan from
				the Agency within the fourteen days, the Agency and Farm Lender shall negotiate
				a mutually acceptable Liquidation plan.
(c) Liquidation recoveries made in connection
				with Nonguaranteed Farm Borrower Loans shall be applied in the following order
				of priority.
(1) To pay Liquidation costs
				approved by the Agency.
(2) To pay
				accrued interest and late fees.
(3)
				To pay principal.
(4) To pay fees
				owed to the Farm Lender, pursuant to Section
				5118.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5116 - Sale of the Guaranteed Portion of the Farm Borrower Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Farm Lender is authorized to negotiate the sale of the
				  Guaranteed portion of the Farm Borrower Loan, if allowed by law, together with
				  the Guarantee, to third parties. The sale shall result in the receipt by the
				  Farm Lender of a sum no less than the outstanding balance owed on the
				  Guaranteed portion of the Farm Borrower Loan being sold. The Farm Lender shall
				  deposit the funds received into the trust fund account from which the loan
				  funds were disbursed.
1. Repealer
				  and new section filed 2-1-94 as an emergency; operative 2-1-94 (Register 94,
				  No. 5). A Certificate of Compliance must be transmitted to OAL by 8-1-94
				  pursuant to Corporations Code section
				  14024 or
				  emergency language will be repealed by operation of law on the following day.
				  For prior history, see Register 89, No. 8.
2. Amendment filed
				  12-27-2004 as a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Editorial correction of
				  HISTORY 2 (Register 2005, No. 27).
4. Certificate of Compliance as
				  to 12-27-2004 order, including amendment of NOTE, transmitted to OAL 5-25-2005
				  and filed 7-7-2005 (Register 2005, No. 27).
5. Amendment filed
				  8-4-2008 as an emergency; operative 8-4-2008 (Register 2008, No. 32). A
				  Certificate of Compliance must be transmitted to OAL by 2-2-2009 or emergency
				  language will be repealed by operation of law on the following
				  day.
6. Certificate of Compliance as to 8-4-2008 order transmitted
				  to OAL 1-26-2009 and filed 2-19-2009 (Register 2009, No.
				  8).
Note: Authority cited: Section
					 14024,
					 Corporations Code. Reference: Sections
					 14067
					 and
					 14070,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5118 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Farm Lender shall be authorized to charge the Farm
				  Borrower a fee of two percent (2%) of the amount of the Farm Borrower Loan, of
				  which nine-tenths of a percent (.9%) shall be paid to USDA on any Guaranteed
				  Farm Borrower Loan. The net servicing fee to the Farm Lender is thus two
				  percent (2%) for a Nonguaranteed Farm Borrower Loan and one point one percent
				  (1.1%) for a Guaranteed Farm Borrower Loan.
1. Repealer
				  and new section filed 2-1-94 as an emergency; operative 2-1-94 (Register 94,
				  No. 5). A Certificate of Compliance must be transmitted to OAL by 8-1-94
				  pursuant to Corporations Code section
				  14024 or
				  emergency language will be repealed by operation of law on the following day.
				  For prior history, see Register 89, No. 8.
2. Amendment filed
				  12-27-2004 as a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Editorial correction of
				  HISTORY 2 (Register 2005, No. 27).
4. Certificate of Compliance as
				  to 12-27-2004 order, including amendment of NOTE, transmitted to OAL 5-25-2005
				  and filed 7-7-2005 (Register 2005, No. 27).
Note: Authority cited: Section
					 14024,
					 Corporations Code. Reference: Sections
					 14067
					 and
					 14070,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 9 - Farm Loans › Section 5119 - Use of Reserve Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  and new section filed 2-1-94 as an emergency; operative 2-1-94 (Register 94,
				  No. 5). A Certificate of Compliance must be transmitted to OAL by 8-1-94
				  pursuant to Corporations Code section
				  14024 or
				  emergency language will be repealed by operation of law on the following day.
				  For prior history, see Register 89, No. 8.
2. Amendment filed
				  12-27-2004 as a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Editorial correction of
				  HISTORY 2 (Register 2005, No. 27).
4. Certificate of Compliance as
				  to 12-27-2004 order, including amendment of NOTE, transmitted to OAL 5-25-2005
				  and filed 7-7-2005 (Register 2005, No. 27).
5. Repealer filed
				  8-4-2008 as an emergency; operative 8-4-2008 (Register 2008, No. 32). A
				  Certificate of Compliance must be transmitted to OAL by 2-2-2009 or emergency
				  language will be repealed by operation of law on the following
				  day.
6. Certificate of Compliance as to 8-4-2008 order transmitted
				  to OAL 1-26-2009 and filed 2-19-2009 (Register 2009, No.
				  8).
Note: Authority cited: Section
					 14024,
					 Corporations Code. Reference: Sections
					 14067
					 and
					 14070,
					 Corporations Code.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 10 - Energy Conservation Loan Demonstration Program Procedures [Repealed] › Section 5250 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-1-88 as an emergency; operative 7-1-88 (Register 88, No. 28). A
				  Certificate of Compliance must be transmitted to OAL within 180 days or
				  emergency language will be repealed on 12-28-88.
2. New section with
				  amendment refiled 10-7-88 as an emergency; operative 10-7-88 (Register 88, No.
				  43). A Certificate of Compliance must be transmitted to OAL within 180 days or
				  Section 5250, as adopted and amended by
				  emergency action, will be repealed on 4-5-89.
3. Certificate of
				  Compliance filed 2-7-89 (Register 89, No. 11).
4. Change without
				  regulatory effect amending section filed 9-3-91 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 3).
5. Repealer of article 10
				  (sections 5250-5258) and section filed
				  12-27-2004 as a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
6. Editorial correction of
				  HISTORY 5 (Register 2005, No. 27).
7. Certificate of Compliance as
				  to 12-27-2004 order transmitted to OAL 5-25-2005 and filed 7-7-2005 (Register
				  2005, No. 27).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14028.5,
					 Corporations Code. Reference: Section
					 14005,
					 Corporations Code; and Chapter 1339, Statutes of
					 1986.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 10 - Energy Conservation Loan Demonstration Program Procedures [Repealed] › Section 5251 - Eligibility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-1-88 as an emergency; operative 7-1-88 (Register 88, No. 28). A
				  Certificate of Compliance must be transmitted to OAL within 180 days or
				  emergency language will be repealed on 12-28-88.
2. New section with
				  amendment refiled 10-7-88 as an emergency; operative 10-7-88 (Register 88, No.
				  43). A Certificate of Compliance must be transmitted to OAL within 180 days or
				  Section 5251, as adopted and amended by
				  emergency action, will be repealed on 4-5-89.
3. Certificate of
				  Compliance filed 2-7-89 (Register 89, No. 11).
4. Repealer filed
				  12-27-2004 as a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
5. Editorial correction of
				  HISTORY 4 (Register 2005, No. 27).
6. Certificate of Compliance as
				  to 12-27-2004 order transmitted to OAL 5-25-2005 and filed 7-7-2005 (Register
				  2005, No. 27).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14028.5,
					 Corporations Code. Reference: Section
					 14005,
					 Corporations Code; and Chapter 1339, Statutes of
					 1986.
California Code of Regulations › Title 10 - Investment › Chapter 7 - Business, Transportation and Housing Agency: Small Business Loans and Guarantees › Article 10 - Energy Conservation Loan Demonstration Program Procedures [Repealed] › Section 5252 - Loan Terms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-1-88 as an emergency; operative 7-1-88 (Register 88, No. 28). A
				  Certificate of Compliance must be transmitted to OAL within 180 days or
				  emergency language will be repealed on 12-28-88.
2. New section with
				  amendment refiled 10-7-88 as an emergency; operative 10-7-88 (Register 88, No.
				  43). A Certificate of Compliance must be transmitted to OAL within 180 days or
				  Section 5252, as adopted and amended by
				  emergency action, will be repealed on 4-5-89.
3. Certificate of
				  Compliance filed 2-7-89 (Register 89, No. 11).
4. Repealer filed
				  12-27-2004 as a deemed emergency pursuant to Corporations Code section
				  14024;
				  operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 6-27-2005 or emergency language will be repealed by
				  operation of law on the following day.
5. Editorial correction of
				  HISTORY 4 (Register 2005, No. 27).
6. Certificate of Compliance as
				  to 12-27-2004 order transmitted to OAL 5-25-2005 and filed 7-7-2005 (Register
				  2005, No. 27).
Note: Authority cited: Sections
					 14022(b)
					 and
					 14028.5,
					 Corporations Code. Reference: Section
					 14005,
					 Corporations Code; and Chapter 1339, Statutes of
					 1986.