§ 697e. Premier Certified Lenders Program

• (a) Establishment

  On a pilot program basis, the Administration may establish a Premier Certified Lenders Program for not more than 15 certified development companies that meet the requirements of subsection (b) of this section.

• (b) Requirements
  • (1) Application

    To be eligible to participate in the Premier Certified Lenders Program established under subsection (a) of this section, a certified development company shall prepare and submit to the Administration an application at such time, in such manner, and containing such information as the Administration may require.

  • (2) Designation

    The Administration may designate a certified development company as a premier certified lender if such company -

    • (A) has been an active participant in the accredited lenders program during the 12-month period preceding the date on which the company submits an application under paragraph (1), except that, prior to January 1, 1996, the Administration may waive this requirement if the company is qualified to participate in the accredited lenders program;
    • (B) has a history of submitting to the Administration adequately analyzed debenture guarantee application packages; and
    • (C) agrees to assume and to reimburse the Administration for 10 percent of any loss sustained by the Administration as a result of default by the company in the payment of principal or interest on a debenture issued by such company and guaranteed by the Administration under this section.
• (c) Loss reserve
  • (1) Establishment

    A company designated as a premier certified lender shall establish a loss reserve for financings approved pursuant to this section.

  • (2) Amount

    The amount of the loss reserve shall be based upon the greater of -

    • (A) the historic loss rate on debentures issued by such company; or
    • (B) 10 percent of the amount of the company's exposure as determined under subsection (b)(2)(C) of this section.
  • (3) Assets

    The loss reserve shall be comprised of segregated assets of the company which shall be securitized in favor of the Administration.

  • (4) Contributions

    The company shall make contributions to the loss reserve in the following amounts and at the following intervals:

    • (A) 50 percent when a debenture is closed.
    • (B) 25 percent not later than 1 year after a debenture is closed.
    • (C) 25 percent not later than 2 years after a debenture is closed.
• (d) Loan approval authority
  • (1) In general

    Notwithstanding section 697(b)(6) of this title, and subject to such terms and conditions as the Administration may establish, the Administration may permit a company designated as a premier certified lender under this section to approve loans that are funded with the proceeds of a debenture issued by such company and may authorize the guarantee of such debenture.

  • (2) Scope of review

    The approval of a loan by a premier certified lender shall be subject to final approval as to eligibility of any guarantee by the Administration pursuant to section 697(a) of this title, but such final approval shall not include review of decisions by the lender involving creditworthiness, loan closing, or compliance with legal requirements imposed by law or regulation.

• (e) Review

  After the issuance and sale of debentures under this section, the Administration, at intervals not greater than 12 months, shall review the financings made by each premier certified lender. The review shall include the lender's credit decisions and general compliance with the eligibility requirements for each financing approved under the program authorized under this section. The Administration shall consider the findings of the review in carrying out its responsibilities under subsection (f) of this section, but such review shall not affect any outstanding debenture guarantee.

• (f) Suspension or revocation

  The designation of a State or local development company as a premier certified lender may be suspended or revoked if the Administration determines that the company -

  • (1) has not continued to meet the criteria for eligibility under subsection (b) of this section;
  • (2) has not established or maintained the loss reserve required under subsection (c) of this section;
  • (3) is failing to adhere to the Administration's rules and regulations; or
  • (4) is violating any other applicable provision of law.
• (g) Effect of suspension or designation (FOOTNOTE 1)

  (FOOTNOTE 1) So in original. Probably should be "revocation".

  A suspension or revocation under subsection (f) of this section shall not affect any outstanding debenture guarantee.

• (h) Regulations

  Not later than 180 days after October 22, 1994, the Administration shall promulgate regulations to carry out this section.

• (i) Report

  Not later than 1 year after October 22, 1994, and annually thereafter, the Administration shall report to the Committees on Small Business of the Senate and the House of Representatives on the implementation of this section. Each report shall include -

  • (1) the number of certified development companies designated as premier certified lenders;
  • (2) the debenture guarantee volume of such companies;
  • (3) a comparison of the loss rate for premier certified lenders to the loss rate for accredited and other lenders; and
  • (4) such other information as the Administration deems appropriate.