California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 7 - Gogreen Affordable Multifamily Energy Financing Program › Section 10093.9 - Sale or Transfer of Enrolled Efficiency Agreements and Transfer of Program Roles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Finance or Service Entity may sell, transfer, or assign an Enrolled Efficiency
				Agreement or the associated repayments of an Enrolled Efficiency Agreement in
				whole or in part, or a portfolio of Enrolled Efficiency Agreements, in whole or
				in part. The sale must be reported to the Authority pursuant to Section
				10093.10.
(b) The Primary Finance or Service Entity and
				Affiliate Finance or Service Entity may transfer between themselves the roles
				of Monthly Reporting, Loss Reserve Account Representative, and Agreement
				Submittal by notifying the Authority in writing. If the Agreement Submittal
				role transfers, the entity performing the Agreement Submittal role will become
				the new Primary Finance or Service Entity.
(c) If the Primary Finance or Service Entity
				or Affiliate Finance or Service 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 or
				Service Entity Applicant or Affiliate Finance or Service Entity 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 or Service Entity and at any
				time, no more than one entity may serve as Affiliate Finance or Service Entity
				for any Finance or Service Entity. Once approved, the new entity must assume
				all of the roles filled by the departing Finance or Service Entity.
1. New section
				  filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section
				  26009;
				  operative 5-9-2019 (Register 2019, No. 19). A Certificate of Compliance must be
				  transmitted to OAL by 11-5-2019 or emergency language will be repealed by
				  operation of law on the following day.
2. New section refiled
				  10-31-2019 as a deemed emergency pursuant to Public Resources Code section
				  26009;
				  operative 11-6-2019 pursuant to Government Code section
				  11346.1(d)
				  (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL
				  by 2-4-2020 or emergency language will be repealed by operation of law on the
				  following day.
3. New section refiled 1-30-2020 as a deemed
				  emergency pursuant to Public Resources Code section
				  26009;
				  operative 2-5-2020 pursuant to Government Code section
				  11346.1(d)
				  (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL
				  by 5-5-2020 or emergency language will be repealed by operation of law on the
				  following day.
4. Certificate of Compliance as to 1-30-2020 order,
				  including amendment of section heading and section, transmitted to OAL 5-5-2020
				  and filed 6-17-2020; amendments operative 6-17-2020 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2020, No. 25).
Note: Authority cited: Sections
					 26006
					 and
					 26009,
					 Public Resources Code. Reference: Sections
					 26002,
					 26002.5,
					 26003,
					 26006,
					 26011
					 and
					 26040,
					 Public Resources Code.