California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.11 - Sale and Transfer of Enrolled Financings and Transfer of Program Roles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Finance Provider Entity may sell, transfer, or assign an Enrolled Financing
				Agreement or the associated repayments of an Enrolled Financing Agreement, in
				whole or in part, or a portfolio of Enrolled Financing Agreements, in whole or
				in part. The sale must be reported to the Authority pursuant to Section
				10092.12.
(b) The Primary Finance Provider Entity and
				Affiliate Finance Provider Entity may transfer between themselves the roles of
				Monthly Reporting, Loss Reserve Account Representative, and Financing Submittal
				by notifying the Authority in writing. If the Financing Submittal role
				transfers, the entity performing the Financing Submittal role will become the
				new Primary Finance Provider Entity.
(c) If the Primary Finance Provider Entity or
				Affiliate Finance Provider Entity wish to transfer any of the roles it has been
				approved to perform, and/or disclosed that it will perform, to a new entity,
				the new entity must apply to the Program as a Primary Finance Provider
				Applicant or Affiliate Finance Provider Applicant and be approved by the
				Authority for enrollment in the Program. At any time, no more than one entity
				may serve as Primary Finance Provider Entity and, at any time, no more than one
				entity may serve as Affiliate Finance Provider Entity for any Finance Provider
				Entity. Once approved, the new entity must assume all of the roles filled by
				the departing Finance Provider Entity.
1. New section
				  filed 12-17-2018 as a deemed emergency pursuant to Public Resources Code
				  section
				  26009;
				  operative 12-17-2018 (Register 2018, No. 51). A Certificate of Compliance must
				  be transmitted to OAL by 6-17-2019 or emergency language will be repealed by
				  operation of law on the following day.
2. Change without regulatory
				  effect amending section filed 4-4-2019 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2019, No. 14).
3. New section refiled
				  6-11-2019 as a deemed emergency pursuant to Public Resources Code section
				  26009,
				  including amendment of NOTE; operative 6-18-2019 (Register 2019, No. 24). A
				  Certificate of Compliance must be transmitted to OAL by 9-16-2019 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. New section refiled 9-12-2019 as a deemed emergency pursuant
				  to Public Resources Code section
				  26009;
				  operative 9-16-2019 pursuant to Government Code section
				  11343.4(b)(2)
				  (Register 2019, No. 37). A Certificate of Compliance must be transmitted to OAL
				  by 12-16-2019 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 9-12-2019 order,
				  including amendment of subsection (c), transmitted to OAL 12-13-2019 and filed
				  1-21-2020; amendments operative 1-21-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 4).
6. Amendment of subsection (a) and NOTE
				  filed 7-19-2021 as an emergency; operative 7-19-2021 (Register 2021, No. 30). A
				  Certificate of Compliance must be transmitted to OAL by 1-18-2022 or emergency
				  language will be repealed by operation of law on the following
				  day.
7. Amendment of subsection (a) and NOTE refiled 12-30-2021 as a
				  deemed emergency pursuant to Public Resources Code section
				  26009;
				  operative 1-18-2022 (Register 2021, No. 53). A Certificate of Compliance must
				  be transmitted to OAL by 4-18-2022 or emergency language will be repealed by
				  operation of law on the following day.
8. Amendment of subsection
				  (a) and NOTE refiled as a deemed emergency pursuant to Public Resources Code
				  section
				  26009;
				  operative 4-18-2022 (Register 2022, No. 15). A Certificate of Compliance must
				  be transmitted to OAL by 7-18-2022 or emergency language shall be repealed by
				  operation of law on the following day.
9. Certificate of Compliance
				  as to 4-18-2022 order transmitted to OAL 7-12-2022 and filed 8-15-2022
				  (Register 2022, No. 33).
Note: Authority cited: Sections
					 26006
					 and
					 26009,
					 Public Resources Code. Reference: Sections
					 26002,
					 26002.5,
					 26003,
					 26006,
					 26011
					 and
					 26040,
					 Public Resources Code.