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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter G - Financial Activities |
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Part 103 - Loan Guaranty, Insurance, and Interest Subsidy |
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Subpart B - How a Lender Obtains a Loan Guaranty or Insurance Coverage |
§ 103.18 - How does BIA issue a loan guaranty or confirm loan insurance?
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§ 103.18 How does BIA issue a loan guaranty or confirm loan insurance?
(a) A loan is guaranteed under the Program when all of the following occur:
(1) BIA issues a signed loan guaranty certificate bearing a series number, an authorized signature, a guaranty percentage rate, the lender's name, the borrower's name, the original principal amount of the loan, and such other terms and conditions as BIA may require;
(2) The loan closes and funds;
(3) The lender pays BIA the applicable loan guaranty premium; and
(4) The lender meets all of the conditions listed in the loan guaranty certificate.
(b) A loan is insured under the Program when all of the following occur:
(1) The loan's purpose and terms meet the requirements of the Program and the lender's loan insurance agreement with BIA;
(2) The loan closes and funds;
(3) The lender notifies BIA of the borrower's identity and organizational structure, the amount of the loan, the interest rate, the payment schedule, and the date on which the loan closing and funding occurred;
(4) The lender pays BIA the applicable loan insurance premium;
(5) If over $100,000 or if the loan requires interest subsidy, BIA approves the loan in writing; and
(6) If over $100,000 or if the loan requires interest subsidy, the lender meets all of the conditions listed in BIA's written loan approval.